Bills of Rights as process: the Canadian experience

2007 ◽  
Vol 3 (4) ◽  
pp. 343-372
Author(s):  
Anne Smith

This article seeks to address a specific aspect of Bills of Rights that tends to be neglected in the literature. That is, the process of how Bills of Rights are drafted. In particular it focuses on the drafting of a particular right-equality with a view to identifying if there is a link between: (a) the manner of how an equality provision is drafted and securing legitimacy of the final product; (b) whether a participative process can influence the formulation and articulation of an equality provision; and finally (c) if the ‘people’ have spoken through this document, does this encourage the judges to take a less restrictive approach in interpreting the equality provision? This task is undertaken by drawing upon the Canadian experience, which then will be used to draw out lessons for those jurisdictions where the process of drafting an equality provision in a Bill of Rights is under way. The article is supported in its conclusions by a series of semi-structured interviews with key players involved in the drafting and interpretation of the equality provision in the Canadian Charter.

2011 ◽  
Vol 60 (4) ◽  
pp. 867-893
Author(s):  
Anne Smith

AbstractThis article looks at the recent phenomena of internationalisation and constitutional borrowing in drafting Bills of Rights. Using South Africa, Canada and Northern Ireland as its focus, this article posits key lessons to be considered in any society hoping to use these two strategies to best effect in designing indigenous Bills of Rights. This contribution makes the case that while these are viable strategies in equality and other rights provision drafting, before embarking on such trajectories, the local context must be considered. In short, effective and sensitive interaction between the ‘local and the global’ can result in a more rewarding project when those involved in formulating an indigenous Bill of Rights simultaneously reflect best international practice. The article is supported in its conclusions by a series of semi-structured interviews with key players involved in the drafting process in Northern Ireland and Canada.


2019 ◽  
Vol 16 (1-2) ◽  
pp. 1-34
Author(s):  
R. Varisa Patraporn

Khmer Girl’s in Action is a nonprofit that successfully utilizes community-based participatory research (CBPR) with university partners to create social change for youth in Long Beach, CA. Based on semi-structured interviews and content analysis of news articles, I explore the impact and sustainability of this research work and the research partnerships. Findings highlight impacts such as youth empowerment, heightened awareness around community needs, policy change, and CBPR curriculum improvements in the field as impacts. Sustainability requires integrating research into program funding, utilizing a tailored training curriculum, building on community members prior relationships, and selecting partners that share common goals, levels of commitment, and flexibility. As funders demand more data to justify community needs, understanding more examples of such work in the Asian American community will be useful for informing future partnerships.


2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Irsyadillah Irsyadillah ◽  
Mohamed Salem M Bayou

Purpose This study aims to investigate the selection and use of introductory financial accounting (IFA) textbooks in the context of achieving the objectives of accounting education to provide both discipline-specific skills and liberal education. Design/methodology/approach This paper adopts a qualitative research design to collect data through semi-structured interviews with 33 accounting educators across Indonesia. This study uses the institutional theory approach to explain how accounting textbooks are selected and used to meet the objectives of accounting education at universities. Findings The study provides evidence of the adoption of a systematic procedure for the selection of recommended IFA textbooks. The selection was driven by the technical-regulatory objective of providing technical training. This objective also guides the use of the recommended textbooks. In a sense, accounting educators were more concerned about responding to institutional pressures of preparing accountants for work in the accounting industry rather than providing students with a liberal education that promotes critical thinking and problem-solving skills. Research limitations/implications This study focuses on the selection and use of IFA textbooks. Further research should examine the contents of various accounting textbooks and obtain feedback from the people involved in the publication of the textbooks. Originality/value The findings of this study have important implications for accounting educators. They can use these findings to improve their selection and use of accounting textbooks.


PERSPEKTIF ◽  
2019 ◽  
Vol 8 (1) ◽  
pp. 20
Author(s):  
Muhammad Wahyu Effendi ◽  
Yan Hendra ◽  
Armansyah Matondang

<h1>This research is based on the social media account of Instagram @humas_pemkomedan which contains the image of Medan City Government. The purpose of this study to determine the public perception about the image of Medan City Government through social media accounts Instagram. Theories used in this study include the theoretical description of communication, perception, society, image, social media, Instagram. The research method used is qualitative descriptive method. Selection of informants here is the people of Medan City who follow social media accounts Instagram @humas_pemkomedan and informants in this study following the principle of saturation where if the data needed is still less will be done addition of informants to get new information until the data obtained reach saturation point that if from the source is the same, then the data collection through the interview is stopped. Data collection   techniques  were  conducted   by  semi-structured interviews to all informants, and the results of this study showed that where the perception of the image is described into the first two aspects through Instagram profile and the second is the content of Instagram @humas_pemkomedan consisting of 6 categories of uploads are as follows: The activities of Medan city administration, news reports on work, information and appeal, congratulations, videos, figures, then Public Perceptions About Government Image Medan City Through Social Media Account Instagram is tend to be positive.</h1>


2021 ◽  
pp. 50-59
Author(s):  
Karma Sherub ◽  
Bhagat Suberi ◽  
Purna Prasad Chapagai ◽  
. Penjor ◽  
Kelzang Jurmey ◽  
...  

Medicinal plants are one of the most affordable and accessible method available for the treatment of various ailments and diseases by the local people. In this regards, the study aimed to document the ethno-medicinal knowledge of plants used by the local people of Dagana district of Bhutan. Data were collected between June and November of 2020 using semi-structured interviews from the local people, following snowball sampling.  The study documented 74 medicinal plant species, used for treating 30 different body ailments and diseases. Maximum number of species (14) was used in treating cut/body wounds and commonly used plant parts was leaves (30 species). Current study area was found to be rich in ethno-medicinal knowledge, but equally threatened with declining practices and management of resources. Thus, appropriate conservation of resources and preservation of traditional knowledge is required.


2019 ◽  
Vol 1 (1) ◽  
pp. 31-57
Author(s):  
Williams Miller Appau ◽  
Baslyd B. Nara ◽  
Javier G. Morales

Land registration processes have been described to be simplistic in simple land tenure environments where land rights are treasured and registered by the state on behalf of the people. Duplication of tasks, repeated preparation of land registration documents, and wrong definition of tasks affect the activities and processes of land registration characterising complex land tenure environments. Many qualitative land registration models such as the use of Unified Modified Language (UML) diagrams have been developed to show the frameworks of land registration processes in most parts of the world. However, most researches avoid the technical implementation of these models. This paper presents the quantitative approaches to addressing the problems of land registration processes in complex land tenure systems using computational techniques such as Process Maker and Java Script. The paper used case study approach to collect data and systems design method for the output. Semi-structured interviews were used to collect data from the Lands Commission of Accra and its stakeholders. Process maker software was operationalised using GeoJSON parcel file. Results show that, the simplification of land registration processes is based on the rationale behind the change (Data error, improved capacity, service quality), and the semantics (process re-engineering) involved in the computation of the modelling processes. The outcome has the ability to simplify an otherwise complex tenure system by avoiding delays and therefore improving the land registration processes.


2021 ◽  
Vol 10 (3) ◽  
pp. 158
Author(s):  
Surasak Sornsena ◽  
Preechawut Apirating ◽  
Sipp Suksamran

This article is a part of a Doctoral Thesis titled “Isaan Heritage Tree: From the Belief and the Aesthetic to the Creation of Visual Arts,” with the objectives of studying the belief and the aesthetic that exist in the Isaan Heritage Tree using the qualitative method. The study’s target groups can be divided into three following groups: the experts, the practitioners, and the related people. The area of study is in the Isaan region. The region is divided into upper Isaan, mid-Isaan, and lower Isaan. The research tools consist of surveys, non-participatory observation, and structured and non-structured interviews. The data collected from documents and field data was analyzed using Aesthetic Theory and Symbolic Interactionism Theory and presented using descriptive analysis.  The study results show that Isaan has a long history and development both in geography, the administration, society, the culture, and the migration of people who came to settle in the area from Luang Phrabang, Vientiane, and Champasak. This had caused the people and nation’s coming together and led to social management, which consists of regulations, religion, and belief. The beliefs of the Isaan people are connected to forest spirits, household spirits, or tree spirits. Five following characteristics of the Heritage Trees were also found: 1) The traditional beliefs related to the Heritage Trees of Isaan. 2) The new belief. 3) The beliefs that are connected to the locations. 4) The beliefs in the tree spirits whose identity and gender cannot be identified. 5) Auspicious and inauspicious beliefs. There are three aspects for the aesthetics: Aesthetic elements are the feeling of amazement due to the gigantic size filled with astonishment, mystery, and the fear of power. The interesting aspects of Art elements are the unity and relationship to the seasons, such as the Fall season, Rainy Season, and the blooming of flowers that contribute to the changes in the aesthetics changes. The visual art elements consist of six following components; bodies and shapes, lines, colors, textures, light and shadows, and area. It was found that the gigantic size and height cause amazements to the viewers. The physical lines of the Isaan Heritage trees were the lines along the trunks, the lines on the branches, and the lines that go along the leaves and flowers. There are different colors of the trunk, the leaves, and the flowers. The texture was rough, harsh, and the cracks follow the same directions as the trunk. There are botanical differences in the light and shadows of the heritage trees. As for the area, there are differences between the area of the heritage trees and the surrounding areas, as well as the differences within the Isaan Heritage Trees area.   Received: 25 January 2021 / Accepted: 31 March 2021 / Published: 10 May 2021


2021 ◽  
Vol VI (III) ◽  
pp. 45-52
Author(s):  
Maimoona Anjum ◽  
Yaar Muhammad ◽  
Arjumand Rauf

The Islamic Republic of Pakistan is also home to other religious minorities. Since Independence, these minorities have played a significant role in serving the nation through different professions, and teaching is one of them. Yet, there is a growing concern regarding how well and respectfully they are accommodated in a Muslim majority society. This phenomenological research study explores the perspectives of Christian teachers concerning their difficulties in dealing with students and parents of different religions and their support needs. Ten teachers were purposively selected for semi-structured interviews. Content analysis revealed that although most teachers were satisfied with working conditions and the behaviors of students and parents with them, few of them highlighted the issues of forced conversion to Islam and usage of derogatory language. Teachers also suggested that there is a need to change the mindset of the people through education, and the government should provide more opportunities to minorities.


Author(s):  
Cássia Aparecida Praeiro Mateus ◽  
Andrea Rabinovici

A presente pesquisa acompanhou as vivências turísticas ocorridas entre indígenas da etnia Ñandeva ao longo dos anos de 2013 a 2015 na aldeia Tabaçu Reko Ypy. Analisou as possíveis consequências e os impactos ao etnodesenvolvimento exercido pelo turismo étnico. Esta comunidade desenvolve e pratica esta atividade como uma ferramenta de apoio à geração de renda alternativa na busca de melhores condições de vida em prol da recuperação do seu território gravemente degradado pela atividade de mineração. Afora isso visa obter um auto sustento que colabore com o resgate das suas tradições. Por se tratar de uma aldeia recentemente formada, nenhuma literatura específica sobre este povo foi encontrada. Basicamente todos os registros e informações sobre a sua política, comportamento social e cultural foram obtidas através de entrevistas semiestruturadas, participação em vivências e doação de registros realizada pelos próprios indígenas. Através deste estudo pôde-se notar consequências diversas advindas do turismo étnico e refletir sobre possíveis futuros impactos. Conclui-se que, através das ações exercidas pelo povo Ñandeva, a possibilidade em se fazer uso de novas ferramentas e diretrizes servirão de apoio para o alcance de um etnodesenvolvimento autônomo sob o olhar de um modelo de turismo inclusivo capaz de gerar renda, que respeite a cultura local e que também busque promover o equilíbrio ambiental. Ethnic tourism as a tool for ethnodevelopment of the village Tabaçu Reko Ypy, Itanhaém-Peruíbe (SP, Brazil) ABSTRACT This research has followed the tourist experiences that occurred among indigenous ethnic Ñandeva over the period from 2013 to 2015 as well as analyzing the possible consequences and impacts on the ethnodevelopment carried out by the ethnic tourism. The village develops and performs this activity as a supporting tool for generating alternative income with the purpose of improving their living conditions and recovering their territory, which was seriously degraded by mining activities. Furthermore, the community aims to reach self-sufficiency so that they will be able to recover their traditions. I should make it clear that, due to the fact that I have dealt with a recently formed village, no specific literature about its people has been found. Basically, all the documents and information about their politics, social behavior and culture have been obtained through semi-structured interviews, participation in field experiences and documents provided by the indigenous people themselves. This study noted several consequences arising from ethnic tourism and reflect on possible future impacts. It is concluded that, through the actions carried out by the people, Ñandeva make use of new tools and guidelines will serve as a support to the achievement of an ethno-development as under the gaze of a inclusive tourism model capable of generating income, that respects local culture and which also seek to promote the environmental balance. KEYWORDS: Ethnodevelopment; Ethnic tourism; Ethnicity Ñandeva.


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