Between Politics and Expertise: An Italian Perspective on Constitutional Law and Scientific Legitimacy

2016 ◽  
Vol 7 (3) ◽  
pp. 475-484
Author(s):  
Marta Morvillo
Keyword(s):  
Decision Making ◽  
Scientific Knowledge ◽  
Constitutional Law ◽  
Case Law ◽  
The Other ◽  
Constitutional Court ◽  
The Public ◽  
Scientific Legitimacy ◽  
Decision Making Processes ◽  
Public Decision

The dialectic between the technically (or scientifically) possible and the legally possible, which is implied in decision-making in conditions of uncertainty, raises crucial issues from a constitutional perspective. In particular, the emergence of a new factor of legitimacy – which could be envisaged as a form of “scientific legitimacy” – can be detected and needs to be integrated within the constitutional discourse.Through an overview of the case law of the Italian Constitutional court, the paper aims at highlighting the possible approaches to the need of a deeper integration of technical and scientific knowledge within the public decision-making processes, in an attempt to strike a balance capable of avoiding the two extremes of scientifically weak decisions on one hand, and of “technical deference” to experts on the other.

scholarly journals Die proses van partikuliere en openbare besluitneming

1983 ◽  
Vol 14 (2) ◽  
pp. 80-87
Author(s):  
S. S. Brand
Keyword(s):  
Decision Making ◽  
Decision Makers ◽  
The Other ◽  
The Public ◽  
Private And Public ◽  
Decision Making Processes ◽  
The One ◽  
Two Sectors ◽  
Public Decision ◽  
Public Decision Making

Private and public decision-making The interaction between the private and public sectors is important in South Africa. Much criticism is expressed by the one sector against the other. This can be partly attributed to an incomplete understanding of the processes of decision-making in the two sectors, and of the differences between them. A comparison is drawn between the most important elements of the decision-making processes in the two sectors. Public decision-making deals mostly with matters concerning the community and the economy as a whole, whereas private decision-making is concerned mostly with parts of the whole. The aims at which decision-making in the two sectors are directed, differ accordingly, as do the perceptions of the respective decision-makers of the environment in which they make decisions. As a consequence, the criteria for the success of a decision also differ substantially between the two sectors. The implications of these differences between private and public decision-making for the approach to inflation and the financing of housing, are dealt with as examples. Finally, differences between the ways in which decisions are implemented in the two sectors, also appear to be an important cause of much of the criticism from the private sector about decision-making in the public sector.

How Judges Use Weapons of Influence: The Social Psychology of Courts

2013 ◽  
Vol 46 (1) ◽  
pp. 7-24
Author(s):  
Guy Davidov ◽  
Maayan Davidov
Keyword(s):  
Social Psychology ◽  
Decision Making ◽  
Case Law ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
The Public ◽  
The Social ◽  
The Face ◽  
Decision Making Processes ◽  
The Government

Research on compliance has shown that people can be induced to comply with various requests by using techniques that capitalise on the human tendencies to act consistently and to reciprocate. Thus far this line of research has been applied to interactions between individuals, not to relations between institutions. We argue, however, that similar techniques are applied by courts vis-à-vis the government, the legislature and the public at large, when courts try to secure legitimacy and acceptance of their decisions. We discuss a number of known influence techniques – including ‘foot in the door’, ‘low-balling’, ‘giving a reputation to uphold’ and ‘door in the face’ – and provide examples from Israeli case law of the use of such techniques by courts. This analysis offers new insights that can further the understanding of judicial decision-making processes.

Verfassungsgerichtliche Entscheidungsfindung und ihre Folgen

2020 ◽  
Author(s):  
Maria Abad Andrade
Keyword(s):  
Decision Making ◽  
Theoretical Models ◽  
Case Law ◽  
Decision Making Process ◽  
Constitutional Court ◽  
Institutional Autonomy ◽  
Constitutional Courts ◽  
Law And Politics ◽  
Decision Making Processes ◽  
First Time

How do constitutional courts decide and how do institutional factors affect decision-making processes and their outcomes? This book answers these questions—in a way that is relevant for law and politics—in two steps. In the first place, it develops possible theoretical models of constitutional courts’ decision-making. Thereafter, they are applied to the politically significant Turkish Constitutional Court (1962–2012) for the first time. Using interviews with former judges and analyses of court rulings, the author proposes that ‘unfavourable coupling’ takes place at the Turkish Constitutional Court in the form of a decision-making logic that follows majority principles combined with a process that requires a willingness to compromise and seek consensus for the court to function appropriately. This coupling affects the court’s decision-making process, its case law and, indirectly, even its ability to gain institutional autonomy and authority.

scholarly journals No Synonyms: Global Governance and the Transnational Public

2013 ◽  
Vol 19 (69) ◽  
pp. 5-31
Author(s):  
Maja Turnšek Hancic
Keyword(s):  
Decision Making ◽  
Problem Solving ◽  
Global Governance ◽  
Current Literature ◽  
Classical Literature ◽  
The Public ◽  
Rational Deliberation ◽  
Decision Making Processes ◽  
Public Decision ◽  
The Ideal

Abstract Building on the classical literature of the public, the article critically analyses the current literature on global governance. After briefly presenting the classical understanding of the public the author goes on to argue that in global governance the effectiveness of collective problem-solving is seen as a compensation for its lack of inclusiveness which in turn makes it impossible to equate global governance with (transnational) public. The author criticizes the substitution of the term “the public” by “stakeholders” since the notion of stakeholders allows for economically powerful voices to intervene in public decision-making processes. The article furthermore criticizes ideas on global governance as “strong publics” on the basis that even if the decision-making seen in global governance was to follow the ideal of rational deliberation, this would not make it equal to the transnational publics, since the deliberations of transnational “strong publics” are per definition exclusive in nature.

scholarly journals Application of the watershed sustainability index in the Piranhas-Açu watershed

Water Policy ◽  
2020 ◽  
Vol 22 (4) ◽  
pp. 622-640
Author(s):  
D. D. Costa e Silva ◽  
H. M. L. Chaves ◽  
W. F. Curi ◽  
J. G. V. Baracuhy ◽  
T. P. S. Cunha
Keyword(s):  
Decision Making ◽  
Water Resources ◽  
Public Participation ◽  
Analysis Method ◽  
Resources Management ◽  
The Public ◽  
Sustainability Index ◽  
Decision Making Processes ◽  
Semi Arid Region ◽  
Brazilian Northeast

Abstract The current worldwide water resources issue is one of the crucial matters to overcome obstacles to sustainable development. This problem, formerly tackled in a sectored manner, is now pointing towards an analysis directed to treating the watershed as a management unit, with regards to all dimensions of knowledge and, especially, to the public participation in the decision-making processes. As an alternative to measure its performance, it has been sought out to develop indexes aimed to measure its sustainability, but there is still a lack of the use of composed efficient methodologies that also enable public participation in decision-making. This research presents a methodology comprising 15 indexes for the calculation of the Watershed Sustainability Index (WSI), followed by the application of the PROMETHEE multi-criteria analysis method and the COPELAND multi-decision-maker method. The methodology was applied to evaluate the performance of subwatersheds of the Piranhas-Açu watershed, located in the Brazilian northeast semi-arid region. The performance ordering, obtained through the application of the methods, emphasizes that subwatersheds' performances are uneven. It can be noticed that the subwatersheds' performances are still far from ideal in relation to water resources management, even in the ones that displayed satisfactory index levels.

Framing Information Technology Governance in the Public Sector: Opportunities and Challenges

2015 ◽  
Vol 11 (4) ◽  
pp. 89-101 ◽  
Author(s):  
Khalifa Al-Farsi ◽  
Ramzi EL Haddadeh
Keyword(s):  
Decision Making ◽  
Information Technology ◽  
Public Sector ◽  
It Governance ◽  
Decision Makers ◽  
The Public ◽  
Technology Governance ◽  
Support Organizations ◽  
Information Technology Governance ◽  
Decision Making Processes

Information technology governance is considered one of the innovative practices that can provide support for decision-makers. Interestingly, it has become increasingly a de facto for organizations in seeking to optimise their performance. In principle, information technology governance has emerged to support organizations in the integration of information technology (IT) infrastructures and the delivery of high-quality services. On the other hand, decision-making processes in public sector organisations can be multi-faceted and complex, and decision makers play an important role in implementing technology in the public sector. The aim of this paper is to shed some light on current opportunities and challenges that IT governance is experiencing in the context of public sector services. In this respect, this paper examines the factors influencing the decision-making process to fully appreciate IT governance. Furthermore, this study focuses on combining institutional and individual perspectives to explain how individuals can take decisions in response to institutional influences.

scholarly journals The Mediation Committee of the Bundestag and Bundesrat: A Special Institution of German Constitutional Law

2016 ◽  
Vol 44 (1) ◽  
pp. 35-42
Author(s):  
Claus Koggel
Keyword(s):  
Constitutional Law ◽  
Political Power ◽  
Case Law ◽  
Legislative Process ◽  
Constitutional Court ◽  
Current Case ◽  
Basic Law ◽  
Federal Constitutional ◽  
Legislative Procedure ◽  
German Constitutional Law

AbstractThe Mediation Committee of the Bundestag and Bundesrat – is it “one of the most felicitous innovations in our constitutional activities”, “the most positive institution in the entire Basic Law” or, as some critics assert “a substitute and superordinate parliament” or indeed the “mysterious darkroom of the legislative process”? This article seeks to provide answers to these questions. It is however clear that the Mediation Committee has become an important instrument for attaining political compromises in Germany's legislative procedure. The Committee's purpose is to find a balance between the differing opinions of the Bundestag and Bundesrat concerning the content of legislation, and, through political mediation and mutual concessions, to find solutions that are acceptable to both sides. Thanks to this approach, the Mediation Committee has helped save countless important pieces of legislation from failure since it was established over 65 years ago, thus making a vital contribution to ensure the legislative process works efficiently. The lecture will address the Mediation Committee's status and role within the German legislative process. It will explain the composition of this body as well as its most important procedural principles also against the backdrop of current case law from the Federal Constitutional Court. Finally, the lecture will consider how particular constellations of political power impact on the Mediation Committee's work.

scholarly journals The Role of Public Participation in Governance towards Achieving Sustainable Development. Part 1

2021 ◽  
Vol 8 (4) ◽  
pp. 395-404
Author(s):  
Maurice S. Nyarangaa ◽  
Chen Hao ◽  
Duncan O. Hongo
Keyword(s):  
Decision Making ◽  
Sustainable Development ◽  
Public Participation ◽  
Good Governance ◽  
Policy Formulation ◽  
Government Officials ◽  
Political Class ◽  
The Public ◽  
Decision Making Processes ◽  
The Government

Public participation aimed at improving the effectiveness of governance by involving citizens in governance policy formulation and decision-making processes. It was designed to promote transparency, accountability and effectiveness of any modern government. Although Kenya has legally adopted public participation in day-to-day government activities, challenges still cripple its effectiveness as documented by several scholars. Instead of reducing conflicts between the government and the public, it has heightened witnessing so many petitions of government missing on priorities in terms of development and government policies. Results show that participation weakly relates with governance hence frictions sustainable development. Theoretically, public participation influences governance efficiency and development, directly and indirectly, thus sustainable development policy and implementation depends on Public participation and good governance. However, an effective public participation in governance is has been fractioned by the government. Instead of being a promoter/sponsor of public participation, the government of Kenya has failed to put structures that would spur participation of citizens in policy making and other days to activities. This has brought about wrong priority setting and misappropriation of public resources; The government officials and political class interference ultimately limit public opinion and input effects on decision-making and policy formulation, which might be an inner factor determining the failure of public participation in Kenya. The study suggests the need for strengthening public participation by establishing an independent institution to preside over public participation processes.

scholarly journals Responses to Modified Monty Hall Dilemmas in Capuchin Monkeys, Rhesus Macaques, and Humans

2018 ◽  
Vol 31 ◽  
Author(s):  
Julia Watzek ◽  
Will Whitham ◽  
David A. Washburn ◽  
Sarah F. Brosnan
Keyword(s):  
Decision Making ◽  
Rhesus Macaques ◽  
The Other ◽  
Comparative Approach ◽  
Capuchin Monkeys ◽  
Monty Hall Dilemma ◽  
Decision Making Processes ◽  
Monty Hall ◽  
Text Version ◽  
Switch Strategy

The Monty Hall Dilemma (MHD) is a simple probability puzzle famous for its counterintuitive solution. Participants initially choose among three doors, one of which conceals a prize. A different door is opened and shown not to contain the prize. Participants are then asked whether they would like to stay with their original choice or switch to the other remaining door. Although switching doubles the chances of winning, people overwhelmingly choose to stay with their original choice. To assess how experience and the chance of winning affect decisions in the MHD, we used a comparative approach to test 264 college students, 24 capuchin monkeys, and 7 rhesus macaques on a nonverbal, computerized version of the game. Participants repeatedly experienced the outcome of their choices and we varied the chance of winning by changing the number of doors (three or eight). All species quickly and consistently switched doors, especially in the eight-door condition. After the computer task, we presented humans with the classic text version of the MHD to test whether they would generalize the successful switch strategy from the computer task. Instead, participants showed their characteristic tendency to stick with their pick, regardless of the number of doors. This disconnect between strategies in the classic version and a repeated nonverbal task with the same underlying probabilities may arise because they evoke different decision-making processes, such as explicit reasoning versus implicit learning.

scholarly journals Pasteloza – refurbishing of the PPR heritage

2019 ◽  
Vol 63 (1) ◽  
pp. 51-64
Author(s):  
Sara Nikolić
Keyword(s):  
Decision Making ◽  
Thermal Insulation ◽  
Citizen Participation ◽  
Civic Participation ◽  
The Other ◽  
Geometric Figures ◽  
State Administration ◽  
Decision Making Processes ◽  
The City ◽  
Housing Estates

Abstract Colourful zigzags, arcade game motifs, geometric figures, pseudo-frames of windows and even infantile drawings of flora and fauna – those are just some of the visible symptoms of the aesthetical and urbanistic chaotic condition also known as Polish pasteloza. One of the most common readings is that the excuse of thermal insulation is being (ab)used in order to radically erase the urbanistic, cultural and political heritage of Polish People’s Republic (PPR) from the city landscape. On the other hand, inhabitants of ‘pastelized’ housing estates claim to be satisfied not only with the insulation but also with their role in decision-making processes. A sense of alienation from one’s home seems to have gone away, together with the centralized state administration, and it is being replaced by citizen participation. The possibility of vindication of pasteloza’s ‘crimes against aesthetics’ will be deliberated in this paper – in order to pave a path for more complex understanding of this phenomenon that could offer a solution for achieving a compromise between aesthetics and civic participation in post-transition processes.

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