Resilience through Synergy? The Legal Complex in Sri Lanka’s Constitutional Crisis

2021 ◽  
pp. 1-25
Author(s):  
Dinesha Samararatne

Abstract What types of institutional dynamics and conditions allow constitutional resilience in the face of attempts at undermining gains in a constitutional democracy? Using Sri Lanka as a case-study, I claim that the legal complex acting in synergy with independent public institutions (the Speaker of the Parliament) and civil society can produce constitutional resilience. Synergy between the legal complex and these institutions can transform constitutional vulnerability into constitutional resilience. I argue therefore that the legal complex theory must be extended to consider the ways in which it can work in synergy with other public institutions in being resilient against attempts at rolling back gains for constitutional democracy. I argue further that synergy between the legal complex and formal and informal institutions over the short term can only result in “simple” constitutional resilience. The development of “reflexive” constitutional resilience requires long-term synergy between the legal complex and other public institutions.

2021 ◽  
pp. 019459982110042
Author(s):  
Jenny X. Chen ◽  
Shivani A. Shah ◽  
Vinay K. Rathi ◽  
Mark A. Varvares ◽  
Stacey T. Gray

Graduate medical education (GME) is funded by the Centers for Medicare and Medicaid Services through both direct and indirect payments. In recent years, stakeholders have raised concerns about the growth of spending on GME and distribution of payment among hospitals. Key stakeholders have proposed reforms to reduce GME funding such as adjustments to statutory payment formulas and absolute caps on annual payments per resident. Otolaryngology departmental leadership should understand the potential effects of proposed reforms, which could have significant implications for the short-term financial performance and the long-term specialty workforce. Although some hospitals and departments may elect to reduce resident salaries or eliminate positions in the face of GME funding cuts, this approach overlooks the substantial Medicare revenue contributed by resident care and high cost of alternative labor sources. Commitment to resident training is necessary to align both the margin and mission of otolaryngology departments and their sponsoring hospitals.


2019 ◽  
Vol 11 (6) ◽  
pp. 1716 ◽  
Author(s):  
Luciano Raso ◽  
Jan Kwakkel ◽  
Jos Timmermans

Climate change raises serious concerns for policymakers that want to ensure the success of long-term policies. To guarantee satisfactory decisions in the face of deep uncertainties, adaptive policy pathways might be used. Adaptive policy pathways are designed to take actions according to how the future will actually unfold. In adaptive pathways, a monitoring system collects the evidence required for activating the next adaptive action. This monitoring system is made of signposts and triggers. Signposts are indicators that track the performance of the pathway. When signposts reach pre-specified trigger values, the next action on the pathway is implemented. The effectiveness of the monitoring system is pivotal to the success of adaptive policy pathways, therefore the decision-makers would like to have sufficient confidence about the future capacity to adapt on time. “On time” means activating the next action on a pathway neither so early that it incurs unnecessary costs, nor so late that it incurs avoidable damages. In this paper, we show how mapping the relations between triggers and the probability of misclassification errors inform the level of confidence that a monitoring system for adaptive policy pathways can provide. Specifically, we present the “trigger-probability” mapping and the “trigger-consequences” mappings. The former mapping displays the interplay between trigger values for a given signpost and the level of confidence regarding whether change occurs and adaptation is needed. The latter mapping displays the interplay between trigger values for a given signpost and the consequences of misclassification errors for both adapting the policy or not. In a case study, we illustrate how these mappings can be used to test the effectiveness of a monitoring system, and how they can be integrated into the process of designing an adaptive policy.


2018 ◽  
Vol 21 (4) ◽  
pp. 85-104
Author(s):  
Małgorzata Godlewska ◽  
Tomasz Pilewicz

The central point of this paper is to present the results of comparative case study research concerning the impact of the interplay between formal and informal institutions in the corporate governance systems (CGS) of Central and Eastern European Countries (CEEC). Particular focus was put on the values of the corporate governance codes (CGC) of CEECs, as well as on transparent ownership structures, transactions with related parties, the protection of minority shareholders, independent members of supervisory boards, and separation between the CEO position and the chairman of the board of directors. The main subject of interest concerns two research areas: the character of the relationship between formal and informal institutions, as well as whether the interplay between them is relevant to the CGSs of CEECs. Moreover, the author investigates whether the CGCs of CEECs consist of regulations that are compatible with the values set up in preambles using research methods such as individual case study or deductive reasoning. The conclusion presented in the paper was drawn on the basis of a review of the literature and research on national and European corporate governance regulations, as well as the CGC of CEECs. The primary contribution this article makes is to advance the stream of research beyond any single country setting, and to link the literature on the interplay between formal and informal institutions related to CGSs in a broad range of economies in transition (‘catch up’ countries) like CEECs. This paper provides an understanding of how the interplay between formal and informal institutions may influence the CGCs of CEECs.


YMER Digital ◽  
2021 ◽  
Vol 20 (11) ◽  
pp. 382-387
Author(s):  
Mr. Kiran Ranganath Kale ◽  

cid attack is against the indivual but consequences are universal; hence I think it is one kind of deep rooted social evil. As a learner of law we all are well aware that crime is against world at large or against the society. Now this acid attacks demeans the society and humanity. It reflects crony of human beings which is always hidden and not apparent. Over the years the gravity of this heinous crime has centralized Research scholars, thinkers’ Social activist, Legislatures, law students’ judges as well to make out way to curb this paranoia. In A.K. Gopalan’s case Justice Patanjali shashtri said that “man is rational beings desires to do many things but in civil society his desires will have to be controlled with the exercise of sillier desires of other indivual.” And not pouring acid on him or her. Because the main reasons behind commission of this brutal act are unwarranted desires like rejection of love marriages not love but proposal of marriages, refusal of dowry, rejection of sexual demands, property dispute, family conflict, disputes of live-in relationships though desires of human beings cannot be legislated but behavior can be controlled by penalizing it. The acid attack is unpredicted and permeated violence against beauty and body of the person; this is the only attack which can be done against inherent things of the body rather than bodily harm to the person. Those beautiful things of the victims can be targeted which are impossible to digest to the acid throwers. Acid attack is not only crime but also brutal violence that shows the gravity of the act of the thrower. This leads several long term consequences like blindness, disfigurations of the face and body, having negative felling to live along with society. Hence this evil must be eradicated before it grows in civil society


2014 ◽  
Vol 39 (3) ◽  
pp. 77-85
Author(s):  
Harmen Janse ◽  
Kees van der Flier

Haiti was struck by a heavy earthquake in 2010 and international aid poured into the country. News reports in 2011 were not very positive about the results of post-disaster reconstruction: “The relief efforts are only putting Haiti on life-support instead of evolving into the next stage of development”. One of the non-governmental organisations (NGOs) involved in Haiti was Cordaid, implementing a ‘transitional shelter strategy’ to support the transformation of neigh-bourhoods from a state of life-support into a state of self-sustaining development. The strategy was implemented in both a rural and an urban area. The main feature of the strategy was the provision of structures that could be adapted from simple shelters to permanent houses. Since the results of the strategy were mixed and ambiguous, a comparative case study was conducted to evaluate the shelter strategy in both areas. The objective was to draw lessons about what has to be taken into account when formulating future urban shelter strategies. The case study is discussed in this article. The main finding from the case study is that producing the intended number of shelters within the financial and time budgets that were set (efficiency), was more difficult in the urban area than in the rural area. But the conditions for linking relief and development (effectiveness) are more favourable in the urban context. NGOs may achieve long-term (effective) results in the urban context when a lower efficiency can be justified. That is why NGOs need to engage in a debate about the extent to which they are able to focus on long-term shelter or housing strategies. The important element in the debate is communication with the donors who are often focused on short-term relief measures. However urban areas cannot be rebuilt with only short-term interventions. The link between relief and development has to be made by a process-orientated approach focusing on capacities of local participants.


2020 ◽  
pp. 336-362
Author(s):  
Peter Ferdinand

This chapter focuses on democracies, democratization, and authoritarian regimes. It first considers the two main approaches to analysing the global rise of democracy over the last thirty years: first, long-term trends of modernization, and more specifically economic development, that create preconditions for democracy and opportunities for democratic entrepreneurs; and second, the sequences of more short-term events and actions of key actors at moments of national crisis that have precipitated a democratic transition — also known as ‘transitology’. The chapter proceeds by discussing the different types of democracy and the strategies used to measure democracy. It also reviews the more recent literature on authoritarian systems and why they persist. Finally, it examines the challenges that confront democracy in the face of authoritarian revival.


2016 ◽  
Vol 5 (1) ◽  
pp. 26-41 ◽  
Author(s):  
Rebecca Hamilton ◽  
Diane Brown

Libraries are taking on new roles in a disaster and with that comes strategic responsibilities beyond traditional asset recovery activities. In the past, library disaster plans have emphasized recovery of materials. Here, the emphasis is on continuing business operations. Libraries have become the centers of communication for their communities in a crisis. This article will demonstrate the essential role of libraries before, during and after a disaster, both short term and long term and how to get a seat at the table with community planners by demonstrating the functions that are critical to recovery. A literature review and case study are used to develop these recommendations. A critical success factor is to use a disaster preparation methodology that includes a business continuity plan.


2016 ◽  
Vol 13 (24) ◽  
pp. 6651-6667 ◽  
Author(s):  
Jing Tang ◽  
Guy Schurgers ◽  
Hanna Valolahti ◽  
Patrick Faubert ◽  
Päivi Tiiva ◽  
...  

Abstract. The Arctic is warming at twice the global average speed, and the warming-induced increases in biogenic volatile organic compounds (BVOCs) emissions from Arctic plants are expected to be drastic. The current global models' estimations of minimal BVOC emissions from the Arctic are based on very few observations and have been challenged increasingly by field data. This study applied a dynamic ecosystem model, LPJ-GUESS, as a platform to investigate short-term and long-term BVOC emission responses to Arctic climate warming. Field observations in a subarctic tundra heath with long-term (13-year) warming treatments were extensively used for parameterizing and evaluating BVOC-related processes (photosynthesis, emission responses to temperature and vegetation composition). We propose an adjusted temperature (T) response curve for Arctic plants with much stronger T sensitivity than the commonly used algorithms for large-scale modelling. The simulated emission responses to 2 °C warming between the adjusted and original T response curves were evaluated against the observed warming responses (WRs) at short-term scales. Moreover, the model responses to warming by 4 and 8 °C were also investigated as a sensitivity test. The model showed reasonable agreement to the observed vegetation CO2 fluxes in the main growing season as well as day-to-day variability of isoprene and monoterpene emissions. The observed relatively high WRs were better captured by the adjusted T response curve than by the common one. During 1999–2012, the modelled annual mean isoprene and monoterpene emissions were 20 and 8 mg C m−2 yr−1, with an increase by 55 and 57 % for 2 °C summertime warming, respectively. Warming by 4 and 8 °C for the same period further elevated isoprene emission for all years, but the impacts on monoterpene emissions levelled off during the last few years. At hour-day scale, the WRs seem to be strongly impacted by canopy air T, while at the day–year scale, the WRs are a combined effect of plant functional type (PFT) dynamics and instantaneous BVOC responses to warming. The identified challenges in estimating Arctic BVOC emissions are (1) correct leaf T estimation, (2) PFT parameterization accounting for plant emission features as well as physiological responses to warming, and (3) representation of long-term vegetation changes in the past and the future.


2019 ◽  
Vol 125 ◽  
pp. 01003 ◽  
Author(s):  
Wesley Beek ◽  
Bart Letitre ◽  
H. Hadiyanto ◽  
S. Sudarno

The Water as Leverage project aims to lay a blueprint for urban coastal areas around the world that are facing a variety of water-related issues. The blueprint is based upon three real case studies in Bangladesh, India and Indonesia. The case of Indonesia focuses on Semarang, a city that faces issues like flooding, increased water demand, and a lack of wastewater treatment. In this report I summarise the different techniques available to tackling these issues. Along with this I provide a cost-benefit analysis to support decision makers. For a short term it is recommended to produce industrial water from (polluted) surface water as a means to offer an alternative to groundwater abstraction. On a long term it is recommended to install additional wastewater and drinking water treatment services to facilitate better hygiene and a higher quality of life.


Author(s):  
Clony Junior ◽  
Pedro Gusmão ◽  
José Moreira ◽  
Ana Maria M. Tome

Data science highlights fields of study and research such as time series, which, although widely explored in the past, gain new perspectives in the context of this discipline. This chapter presents two approaches to time series forecasting, long short-term memory (LSTM), a special kind of recurrent neural network (RNN), and Prophet, an open-source library developed by Facebook for time series forecasting. With a focus on developing forecasting processes by data mining or machine learning experts, LSTM uses gating mechanisms to deal with long-term dependencies, reducing the short-term memory effect inherent to the traditional RNN. On the other hand, Prophet encapsulates statistical and computational complexity to allow broad use of time series forecasting, prioritizing the expert's business knowledge through exploration and experimentation. Both approaches were applied to a retail time series. This case study comprises daily and half-hourly forecasts, and the performance of both methods was measured using the standard metrics.


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