Public Awareness and the Behavior of Unpopular Courts

Author(s):  
Jay N. Krehbiel

Abstract Scholars have long debated the positive and negative consequences of an aware public for the quality of governance in modern liberal democracies. This article extends this debate to the context of constitutional review by exploring how public awareness can limit the effective exercise of review by courts lacking strong public support. Incorporating aspects of both the legitimacy and separation of powers theories on judicial power, the author argues that public awareness weakens the efficacy of such unpopular courts by creating an electoral incentive for governments to defy adverse rulings, even when doing so may lead to punishment from other institutional stakeholders. The article develops a simple formal model that identifies how and under what conditions public awareness can influence an unpopular court's decision making. An analysis of rulings issued by the Court of Justice of the European Union finds support for the model's empirical implications.

1999 ◽  
Vol 52 (1) ◽  
pp. 1-10 ◽  
Author(s):  
Mike Hadley

This paper was presented at the World Congress of the International Association of Institutes of Navigation (IAIN) held in Amsterdam, The Netherlands, 17–21 November 1997.Remote, or shore-based, pilotage means different things to different people, despite a definition being produced by the European and International Maritime Pilots Associations. The debate about it is set in the context of increasing public awareness of the environment and a downward pressure on costs; these in themselves make for uncomfortable bedfellows. However, this sets the scene for the current aspirations within the European Union for vessel traffic management and the ongoing research into Vessel Traffic Services (VTS) and Vessel Traffic Management and Information Services (VTMIS). The technology to implement navigational assistance of a fairly high order is already in place, but there are still problems to be overcome before the concept can be taken further. Commonly recurring concerns over remote pilotage are the inadequacies of radar, difficulties with language, lack of ‘feel’ for the ship, which includes the on-board pilot's assessment of the quality of the vessel's crew, and the lack of ship motion data. Differential GPS is now capable of aiding automatic docking of some specialized vessels, but it has emerged, most recently at the IALA VTS Committee meeting, that ECDIS has shortcomings when being considered as the geographic information system of a VTS. Transponders are the subject of yet another debate, but will the data that they can convey be able to replace an on-board pilot?


2009 ◽  
Vol 29 (2) ◽  
pp. 135-151 ◽  
Author(s):  
Tanja A. Börzel ◽  
Karen Heard-Lauréote

AbstractWhile there is broad scholarly agreement that policy-making in the European Union (EU) involves a multitude of public and private actors at different levels of government, there is less agreement whether the EU should be conceptualized as a form of governancebynetworks or governanceinnetworks. This article first examines different concepts of networks. It then sets out multiple functions of networks within the EU policy process. Particular attention is paid to the extent to which networks may provide added value to European integration and improve the quality of governance by effectively solving common problems and helping to address the democratic deficit or whether, by acting as mechanisms of exclusion rather than inclusion, they actually contribute to the EU's legitimacy deficit. Since networks can enhance governance quality as well as undermine its democratic credentials, a balance sheet shows both positive and negative consequences.


2018 ◽  
Vol 19 (2) ◽  
pp. 233-254 ◽  
Author(s):  
Monika Bauhr ◽  
Nicholas Charron

What factors explain public support for international redistribution? While the European Union has sent billions of taxpayers' money to over indebted euro countries in an attempt to avoid an economic collapse, these transfers have encountered fierce resistance among both donor and recipient constituents. However, we know surprisingly little about why citizens support or oppose redistribution within the EU. This paper suggests that domestic levels of corruption and institutional quality may be one of the most important explanations for the great variation in public support for financial assistance, bailouts and aid. Using recent European Elections Survey data merged with data on regional level quality of government, we show that the effects of institutional quality are consistently stronger than macro-economic factors, including economic development, inequality or levels of public debt. We find strong evidence that citizens in low corrupt contexts are more likely to support financial assistance to fellow member states. The results have implications for future challenges in securing public support for EU economic integration as well as for our understanding of how and why corruption undermines society's collective action capacity.


2018 ◽  
Vol 4 (4) ◽  
pp. 328-345 ◽  
Author(s):  
Shlomo Weber ◽  
Hans Wiesmeth

The extent of provision of a public good often relies on social awareness and public support for it. This applies, in particular, to global reduction of greenhouse gases and its relevance for mitigating climate change. We examine the concept of “public awareness” by introducing a formal model that analyzes efforts to mitigate climate change in a setting with heterogeneous countries. In the theoretical part we examine the Nash equilibrium of the contribution game. The effects of awareness and economic parameters on mitigation efforts can be disentangled, raising the possibility of linking awareness of climate change with economic wealth. The second part provides some empirical observations and offers the rankings of countries regarding awareness for climate change, as well as an empirical relationship between awareness and economic wealth.


Author(s):  
P. V. Otenko

The scientific article is devoted to the issue of complex legal analysis of both advantages and disadvantages of the contemporary system of Commission’s quasi-legislative acts which is composed of implementing and delegated acts. Commission’s implementing and delegated acts play a crucial role in the EU, but the abusive application by the EU legislator of the delegation of quasi-legislative powers to the Commission of the EU cause various negative consequences on the EU legal order. The author outlines the following positive sides of Commission’s quasi-legislative acts: acceleration of the EU decision-making process, adding the EU decision-making process flexibility, improvement of the quality of the EU legislative acts and unloading the overall EU legislature’s workload. Taking into account the latest statistics, the author has proved that the process of the adoption of implementing and delegated acts is in four times faster than ordinary and special legislative procedures. It is emphasized that COVID-19 outbreak in 2020 made the EU urgently enact a bunch of legislative acts that were mainly adopted in the form of Commission’s quasi-legislative acts. The author also points out that the quality of the EU’s legislation has been improved as well as EU’s legislator workload has been greatly reduced because of Commission’s implementing and delegated acts. At the same time, the author specifies that the absence of an explicit legal distinction between Commission’s implementing and delegated acts leads to numerous interinstitutional litigations and disputes and undermines the hierarchy of legal acts under the provisions of the Lisbon Treaty. It is established that an excessive application by the Commission of the EU of the quasi-legislative instruments may breach the principle of institutional balance and may lead to the replacement of the sole EU legislator – the European Parliament and the Council. Eventually, the author argues that the lack of transparence and accountability of the Commission of the EU during the process of adoption of implementing and delegated acts deepen the ‘democratic deficit’ problem within the EU.


2021 ◽  
Vol 4 (3(60)) ◽  
pp. 27-31
Author(s):  
Svitlana Delehan-Kokaiko ◽  
Emilia Glyudzyk ◽  
Olesya Symkanuch

The object of research is the processes of transformation of the ecological equilibrity of the structural and functional state of atmospheric air by the example of the city of Uzhhorod (Ukraine), as the border area, and the impact on the health of the population. One of the most problematic issues is the imperfection of methods for assessing the quality of air and its impact on the health of the population. During the study, data from the Transcarpathian Regional Center of Hydrometeorology were used, the materials of statistical reporting of enterprises, the urban sanitary and epidemiological station, etc. Data is obtained relating to the influence of automobile transport in Uzhhorod, Transcarpathian region, on the quality of atmospheric air, as well as the negative consequences of the impact of excessive concentrations of pollutants in the air on the health of inhabitants of urbanized territories. The authors analyze the data on the concentrations of certain air quality parameters in 2019 and 2020. The ways to improve the ecological situation in Uzhhorod have been suggested, and the necessity of developing public control of air quality to preserve the health of Uzhhorod residents has been substantiated. Due to the introduction of the proposed ways to improve the environmental situation in Uzhhorod, an increase in the living conditions of the population of border areas, in particular, Uzhhorod, improving the quality of atmospheric air of the investigated territories will be achieved. It is indicated to develop proposals for improving the methods of quality control of atmospheric air of border areas that will correspond to the standards of the European Union. This study is global due to the shapes of modern anthropogenic pressure, spontaneity, impulsivity and comprehensive validity of numerous factors implemented against the background of climate change. And it is requires new approaches in the scientific principles of organization of nature management, which will be based on an ecosystem approach in identifying and establishing biosafety of existing and latest pollutants


2016 ◽  
pp. 54-66
Author(s):  
Monika Poboży

The article poses a question about the existence of the rule of separation of powers in the EU institutional system, as it is suggested by the wording of the treaties. The analysis led to the conclusion, that in the EU institutional system there are three separated functions (powers) assigned to different institutions. The Council and the European Parliament are legislative powers, the Commission and the European Council create a “divided executive”. The Court of Justice is a judicial power. The above mentioned institutions gained strong position within their main functions (legislative, executive, judicial), but the proper mechanisms of checks and balances have not been developed, especially in the relations between legislative and executive power. These powers do not limit one another in the EU system. In the EU there are therefore three separated but arbitrary powers – because they do not limit and balance one another, and are not fully controlled by the member states.


2020 ◽  
Vol 26 (9) ◽  
pp. 952-956
Author(s):  
M. V. Malyshkina ◽  
M. V. Miroslavskaya

Aim. The presented study aims to develop the methodology for assessing the quality of management of organizational transformation processes. Tasks. To achieve the set aim, the authors solve the following problems: determine the essence and content of socio-economic transformation, formulate quality assurance principles for the management of transformation processes, draw attention to the problem of selecting a unified quality criterion for the management of organizational transformation processes. Methods. This study uses general scientific methods of cognition, including analysis and synthesis. It also applies a systems approach to identify the major problems of assessing the quality of management of transformation processes, including the problem of selecting a unified quality criterion for the management of transformation processes and formulating the principles of ensuring the quality of management of transformation processes. Results. The global problem of managing transformation processes in the economic system consists in the complexity of the managed processes, which increases due to the multidimensionality, mutual influence, and the resulting uncertainty of interactions between the elements of the system. It is concluded that the methodology for assessing the quality of management of transformation processes is based on the principle of integrating separate measures to improve the quality of management of system elements into a single system of management actions and the principle of ensuring that management actions are primarily aimed at preventing possible negative consequences of the transformation of economic systems, i.e. reducing the potential impact of unfavorable events and their consequences. To assess the effectiveness of targeted management actions and productive actions aimed at organizing, controlling, and guiding the transformation process, the authors actualize the problem of selecting an adequate quality criterion for the management of transformation processes in economic systems and put forward a hypothesis about a possible unified criterion of management quality. Conclusions. The principle of integrating separate measures to improve the quality of management of system elements and the principle of ensuring that management actions are aimed at preventing possible negative consequences lie at the core of the methodology for assessing the quality of management of transformation processes in economic systems. The quality assessment methodology should be developed in the direction of finding a unified quality criterion for managing transformation processes in economic systems.


2020 ◽  
pp. 61-73
Author(s):  
Yu. M. Tsygalov

The forced work of Russian universities remotely in the context of the pandemic (COVID-19) has generated a lot of discussion about the benefits of the new form of education. The first results were summed up and reports were presented, the materials of which showed that the main goal of online education — the prevention of the spread of infection, - has been achieved. Against this background, proposals and publications have appeared substantiating the effectiveness of the massive introduction of distance learning in Russia, including in higher education. However, the assessment of such training by the population and students in publications and in social networks was predominantly negative and showed that the number of emerging problems exceeds the possible benefits of the new educational technology. Based on the analysis of the materials of publications and personal experience of teaching online, the potential benefits and problems of distance learning in higher education in Russia are considered. It is proposed to consider the effects separately for the suppliers of new technology (government, universities) and consumers (students, teachers, society). It is substantiated that the massive introduction of online education allows not only to reduce the negative consequences of epidemics, but also to reduce budgetary funding for universities, optimize the age composition of teachers, and reduce the cost of maintaining educational buildings. However, there will be a leveling / averaging of the quality of education, and responsibility for the quality of training will shift from the state/universities to students. The critical shortcomings of online education are the low degree of readiness of the digital infrastructure, the lack of a mechanism for identifying and monitoring the work of students, information security problems, and the lack of trust in such training of the population. The massive use of online education creates a number of risks for the country, the most critical of which is the destruction of the higher education system and a drop in the effectiveness of personnel training. The consequences of this risk realization are not compensated by any possible budget savings.


Author(s):  
Catherine E. De Vries

The European Union (EU) is facing one of the rockiest periods in its existence. At no time in its history has it looked so economically fragile, so insecure about how to protect its borders, so divided over how to tackle the crisis of legitimacy facing its institutions, and so under assault by Eurosceptic parties. The unprecedented levels of integration in recent decades have led to increased public contestation, yet at the same the EU is more reliant on public support for its continued legitimacy than ever before. This book examines the role of public opinion in the European integration process. It develops a novel theory of public opinion that stresses the deep interconnectedness between people’s views about European and national politics. It suggests that public opinion cannot simply be characterized as either Eurosceptic or not, but rather that it consists of different types. This is important because these types coincide with fundamentally different views about the way the EU should be reformed and which policy priorities should be pursued. These types also have very different consequences for behaviour in elections and referendums. Euroscepticism is such a diverse phenomenon because the Eurozone crisis has exacerbated the structural imbalances within the EU. As the economic and political fates of member states have diverged, people’s experiences with and evaluations of the EU and national political systems have also grown further apart. The heterogeneity in public preferences that this book has uncovered makes a one-size-fits-all approach to addressing Euroscepticism unlikely to be successful.


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