The Role of the Ombudsman in Relation to the Protection of Citizens' Rights

1980 ◽  
Vol 39 (2) ◽  
pp. 304-332 ◽  
Author(s):  
A. W. Bradley
Keyword(s):  
Civil Disobedience ◽  
Political Rights ◽  
Ronald Dworkin ◽  
Good Government ◽  
General Benefit ◽  
Democratic System ◽  
The Government ◽  
The Individual ◽  
The Relationship

In his book, Taking Rights Seriously, Professor Ronald Dworkin has argued that the institution of rights against the state is justified “because it represents the majority's promise to the minorities that their dignity and equality will be respected.” But he also stressed the difficulty of ensuring that these rights are respected:The institution of rights against the Government is not a gift of God, or an ancient ritual, or a national sport. It is a complex and troublesome practice that makes the Government's job of securing the general benefit more difficult and more expensive, and it would be a frivolous and wrongful practice unless it served some point.Now Dworkin's book is concerned with the problems presented in a democratic system of law and government by a serious commitment to fundamental political rights, such as freedom of speech and the disputed right of civil disobedience; and Dworkin does not directly consider the interest which the individual may have in the maintenance of good government in matters that affect him. One object of this article is to consider whether it is worthwhile seeking to relate the debate about citizen's rights to an assessment of the Ombudsman system. Another aim, since no-one would claim that the Ombudsman should be the sole protector of citizen's rights, is to examine the relationship between the Ombudsman and other agencies for the protection of the citizen in his dealings with the administration. The material to be discussed is drawn from the experience in the U.K. of the Parliamentary Commissioner for Administration, the Parliamentary Ombudsman: but aspects of the discussion may be relevant to the experience of ombudsmen in other countries.

Rebel with a cause

2017 ◽  
Vol 6 (4) ◽  
pp. 343-353 ◽  
Author(s):  
Wilson Wong ◽  
May Chu
Keyword(s):  
Hong Kong ◽  
Content Type ◽  
Root Cause ◽  
The People ◽  
Crony Capitalism ◽  
Democratic System ◽  
Structural Roots ◽  
The Government ◽  
The Relationship

Purpose The purpose of this paper is to examine the cause and nature of the 2014 Umbrella Movement in Hong Kong and the role of the youth in the movement. Design/methodology/approach This paper analyzes the relationship between the serious social and economic problems in Hong Kong, of which the youth often feel the greatest impact, and the demands for a real democratic system made by the Umbrella Movement. It examines the structural roots of the Movement and the role of youths in it. Findings The Umbrella Movement is not simply a movement of anger and frustration, but also a movement reflecting some of the serious and legitimate concerns of the people of Hong Kong, especially the youth, who have a high and growing sense of local identity and citizenship. The movement links the major policy and social problems of the post-Handover era to its root cause, which is an undemocratic political system combined with crony capitalism. Unfortunately, the approach taken by the government toward the Movement has been to emphasize its illegal nature and to attempt to divide the opposition by adopting “united front” strategies that pay no serious attention to the problems the Movement has raised. Eventually, this approach will only lead to an outcome of “strong government, weak society” where strong government action in opposition to reformers will weaken the cohesion of society and expose the actual weakness of the state that has no popular legitimacy, going on to create more chaos as a result of its weak governance. Originality/value This paper will help both scholars and policymakers to understand the structural and root causes of the Umbrella Movement in Hong Kong and explain why Hong Kong is suffering from a serious problem of weak governance.

scholarly journals The Dialectics of Democracy

2012 ◽  
Vol 7 (2) ◽  
Author(s):  
Sari Roman-Lagerspetz
Keyword(s):  
Political Theory ◽  
The State ◽  
Role Of The State ◽  
Democratic System ◽  
Philosophy Of Right ◽  
The Government ◽  
The Relationship

”Thinking publicly otherwise” is one of the foundations of democracy. The task of the opposition in a democratic system is to express distrust, to criticize the actions of the government and to provide an alternative. The opposition institutionalizes distrust, and, paradoxically, the presence of this institutionalized distrust is, for the citizens, one important reason to trust the democratic system. The claim defended here is that the relationship between the government and the opposition can be understood in terms of Hegel’s dialectics. Although Hegel’s political theory as formulated in his Philosophy of Right emphasizes the unifying role of the State, his earlier philosophy contains more democratic potential.

12. The Role of Constitutional Conventions

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Constitutional Conventions ◽  
Ministerial Responsibility ◽  
The Government ◽  
The Individual ◽  
The Relationship ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the nature and extent of constitutional conventions, which are political rules that are binding upon those to whom they apply. They apply to the relationships between the Crown, Parliament, the judiciary, the civil service, and the executive, and play a key role in limiting the powers granted to institutions of government by unwritten rules or sources. Constitutional conventions also regulate key parts of the relationship between the institutions of government. The doctrine of ministerial responsibility is one of the most important examples of constitutional conventions regulating the behaviour of the executive. There are two main branches of ministerial responsibility. One is individual ministerial responsibility-that is, a minister’s obligation to account to Parliament for his or her words and actions, and for those of his or her civil servants. The second branch of ministerial responsibility is collective ministerial responsibility. Amongst other things, collective ministerial responsibility prescribes that decisions reached by the Cabinet or other ministerial committees are binding on all members of the government, regardless of whether or not the individual ministers agree with them.

CHILD-PARENT RELATIONS AS A FACTOR IN THE FORMATION OF PROFESSIONAL PREFERENCES IN PEDAGOGICAL DYNASTIES

2020 ◽  
Vol 2 (4) ◽  
pp. 126-130
Author(s):  
N. V. SHAMANIN ◽  
Keyword(s):  
Professional Development ◽  
The Family ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
Parent Child Relationships ◽  
Professional Preferences ◽  
Parent Child

The article raises the issue of the relationship of parent-child relationships and professional preferences in pedagogical dynasties. Particular attention is paid to the role of the family in the professional development of the individual. It has been suggested that there is a relationship between parent-child relationships and professional preferences.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

The Role of Normative Information in Judgments of Others

2019 ◽  
Author(s):  
Katherine H. Rogers
Keyword(s):  
Social Desirability ◽  
Interpersonal Perception ◽  
Future Research ◽  
Average Person ◽  
The Individual ◽  
The Relationship ◽  
Source Of Information

When forming impressions of an other’s personality, people often rely on information not directly related to the individual at hand. One source of information that can influence people’s impressions of others is the personality of the average person (i.e., normative profile). This relationship between the normative profile and an impression is called normative accuracy or normativity. In this chapter, you will learn about the average personality, why it is important, the relationship to social desirability and what it means to have a normative impression, as well as correlates and moderators of normativity. More broadly, you will learn about current research and views regarding the normative profile and normative impressions as well as concrete steps for incorporating this approach into your future research on interpersonal perception.

scholarly journals Factors affecting the organizational performance of manufacturing firms

2017 ◽  
Vol 9 ◽  
pp. 184797901771262 ◽  
Author(s):  
Ahmad Adnan Al-Tit
Keyword(s):  
Organizational Performance ◽  
Measurement Instrument ◽  
Manufacturing Firms ◽  
Factors Affecting ◽  
Mediating Role ◽  
Values And Beliefs ◽  
The Individual ◽  
The Impact ◽  
The Relationship

Numerous studies have been conducted to explore the individual effects of organizational culture (OC) and supply chain management (SCM) practices on organizational performance (OP) in different settings. The aim of this study is to investigate the impact of OC and SCM on OP. The sample of the study consisted of 93 manufacturing firms in Jordan. Data were collected from employees and managers from different divisions using a reliable and valid measurement instrument. The findings confirm that both OC and SCM practices significantly predict OP. The current study is significant in reliably testing the relationship between SCM practices and OP; however, it is necessary to consider cultural assumptions, values and beliefs as the impact of OC on OP is greater than the impact of SCM practices. Based on the results, future studies should consider the moderating and mediating role of OC on the relationship between SCM practices and OP.

Co-operation as a Conditional Strategy among Peers: Influence of Social Ecology and Kin Relations

1996 ◽  
Vol 19 (1) ◽  
pp. 39-52 ◽  
Author(s):  
Peter J. LaFreniere
Keyword(s):  
Peer Relations ◽  
Research Programme ◽  
Conditional Strategy ◽  
Social Unit ◽  
Kin Relations ◽  
Sources Of Variation ◽  
The Individual ◽  
Developmental Significance ◽  
The Relationship

The goal of this study is to analyse sources of variation, residing within the individual or within the relationship, in the ability to balance co-operative and competitive behaviours in a dyadic context. The ability to balance these two tendencies can be considered fundamental to successful adaptation within a social unit because co-operation may be essential in raising offspring, competing with other groups or in generating resources, whereas egoistic behaviour may protect the individual from exploitation or otherwise enhance reproductive success. Research is reviewed on the influence of social structures and relationships on co-operation in peer groups, and the origin and developmental significance of individual differences in co-operative abilities. Finally, a research programme investigating the conjunction of kin and peer relations is described, emphasising the role of affective synchrony, behavioural contingency, and reciprocity in shaping and sustaining co-operative behaviour as a conditional strategy.

PRESIDENT'S MESSAGE

PEDIATRICS ◽  
1962 ◽  
Vol 30 (1) ◽  
pp. 157-158
Author(s):  
Carl C. Fischer
Keyword(s):  
Whooping Cough ◽  
American People ◽  
Practice Of Medicine ◽  
The Subject ◽  
The Government ◽  
The Individual ◽  
The Cost ◽  
Federal Assistance ◽  
Children Under 5

REGARDLESS of how we, as individual physicians, may feel about the role of the federal government in the individual practice of medicine, the time has long since passed when we can afford the luxury of ignoring it. In past years the influence of the government on medicine has been mostly in general areas and perhaps least of all in that of pediatrics; but under the present administration there has been a decided change. For this reason it seems necessary to me to call to the attention of all Fellows of the Academy the particular items in President Kennedy's message of February 26, 1962, which relate specifically to the practice of Pediatrics. These may be considered to be three in number: The first of these dealt with the subject of immunization. On this topic President Kennedy said: I am asking the American people to join in a nationwide vaccination program to stamp out these four diseases (whooping cough, diphtheria, tetanus, and poliomyelitis) encouraging all communities to immunize both children and adults, keep them immunized and plan for the routine immunization of children yet to be born. To assist the states and local communities in this effort over the next 3 years, I am proposing legislation authorizing a program of federal assistance. This program would cover the full cost of vaccines for all children under 5 years of age. It would also assist in meeting the cost of organizing the vaccination drives begun during this period, and the cost of extra personnel needed for certain special tasks.

Trade Unions

2018 ◽  
Author(s):  
Richard Whiting
Keyword(s):  
Trade Unions ◽  
Political System ◽  
The State ◽  
The Political ◽  
British Politics ◽  
Modern Britain ◽  
The Individual ◽  
The Relationship ◽  
Critical Moments

In assessing the relationship between trade unions and British politics, this chapter has two focuses. First, it examines the role of trade unions as significant intermediate associations within the political system. They have been significant as the means for the development of citizenship and involvement in society, as well as a restraint upon the power of the state. Their power has also raised questions about the relationship between the role of associations and the freedom of the individual. Second, the chapter considers critical moments when the trade unions challenged the authority of governments, especially in the periods 1918–26 and 1979–85. Both of these lines of inquiry underline the importance of conservatism in the achievement of stability in modern Britain.

Sign in / Sign up

Export Citation Format

Share Document