Due Process and the World Bank’s Inspection Panel

2013 ◽  
Keyword(s):  
Due Process ◽  
The World

Introducing Victim Impact Statement in India: Reconceptualizing Victim Status

2021 ◽  
pp. 251660692199175
Author(s):  
Devansh Dubey ◽  
Payas Jain
Keyword(s):  
Criminal Justice ◽  
Subjective Experience ◽  
Due Process ◽  
Not Given ◽  
Therapeutic Tool ◽  
Victim Status ◽  
Victim Impact Statement ◽  
The World ◽  
Due Process Of Law ◽  
The Right

The right to fair trial is inherent in the concept of due process of law, which now forms part of Article 21 of Indian Constitution after the Maneka Gandhi judgement. Pertinently attached with the same comes the responsibility of the criminal system to treat victims with increased awareness and sensitivity. However, the established convention shows that in planning and developing administration of criminal justice, proper attention is not given to the victims of crime in achieving goals of criminal justice; the major cause of it being that a victim is heard only as a witness not as a victim. A credible response to the said issue has emerged in the form of victim impact statement (VIS) in the modern legal system across the world. With that being said, the researchers through this article try to deduce the need for incorporating a VIS in India through the various jurisprudential understandings of what it means to be a victim, including the gap between the subjective experience of the sufferer and the interpretation of the same by others, and what restorative justice would mean to heal a victim. Establishing upon the same premise of victim status, the researchers try to suggest that the introduction of VIS, with the primary purpose of it being a therapeutic tool and not an instrument of changing the course of justice, will serve to make us reconsider our contours of a ‘victim’.

scholarly journals Texas Advance Directives Act: Nearly a Model Dispute Resolution Mechanism for Intractable Medical Futility Conflicts

2016 ◽  
Vol 16 (1) ◽  
pp. 22 ◽  
Author(s):  
Thaddeus Mason Pope
Keyword(s):  
Dispute Resolution ◽  
Advance Directives ◽  
Due Process ◽  
Medical Futility ◽  
The United States ◽  
Life And Death ◽  
Procedural Due Process ◽  
The World ◽  
Dispute Resolution Mechanism ◽  
Texas Advance Directives Act

<em>Increasingly, clinicians and commentators have been calling for the establishment of special adjudicatory dispute resolution mechanisms to resolve intractable medical futility disputes. As a leading model to follow, policymakers both around the United States and around the world have been looking to the conflict resolution provisions in the 1999 Texas Advance Directives Act (‘TADA’). In this article, I provide a complete and thorough review of the purpose, history, and operation of TADA. I conclude that TADA is a commendable attempt to balance the competing goals of efficiency and fairness in the resolution of these time-sensitive life-and-death conflicts. But TADA is too lopsided. It is far more efficient than it is fair. TADA should be amended to better comport with fundamental notions of procedural due process.</em>

scholarly journals Rights of Due Process in Civil Procedurs of Some Countries in the World an in Vietnam

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Nguyen Van Quan ◽  
Nguyen Bich Thao
Keyword(s):  
Human Rights ◽  
Due Process ◽  
The United States ◽  
Civil Procedure ◽  
United States Constitution ◽  
Legal Science ◽  
The World ◽  
Fact Finding ◽  
The Right ◽  
Procedural Rights

Currently, civil procedure legal science in the world begins to study the application of fair procedural rights. Meanwhile, Vietnamese civil procedure legal science seems to pay attention to the proceedings instead of the procedural rights. In this context, the paper examines the application of rights of due process around the world and in Vietnam. From there, the author suggests a number of appropriate orientations in this area that Vietnam should apply in the near future in order to match the trend in the world and the reality of Vietnam. Keywords: Civil procedure, due process, rights of due process, human rights. References: [1] Rhonda Wasserman, Procedural Due Process: A Reference Guide to the United States Constitution, Greenwood Publishing Group, 2004.[2] E. Thomas Sullivan and Toni M. Massaro, The Arc of Due Process in American Constitutional Law, Oxford University Press, 2013.[3] Khoa Luật Đại học Quốc gia Hà Nội, Giáo trình Luật tố tụng dân sự Việt Nam, NXB. Đại học Quốc gia Hà Nội.[4] European Court of Human Rights (2013), Guide to Article 6: The Right to a Fair Trial (Civil Limb), http://www.echr.coe.int/Documents/Guide_Art_6_ENG.pdf.[5] C.H. Van Rhee & Alan Uzelac (eds.), Truth and Efficiency in Civil Litigation: Fundamental Aspects of Fact-Finding and Evidence-Taking in a Comparative Context, Intersentia, 2012, pp. 5-6.    

A century of Procedural Due Process Guarantees in Constitutions Worldwide

1993 ◽  
Vol 14 (2) ◽  
pp. 3-52
Author(s):  
Alex Inkeles ◽  
Jon C. Hooper
Keyword(s):  
Content Analysis ◽  
Due Process ◽  
Family Education ◽  
Nation States ◽  
Procedural Due Process ◽  
Institutional Structures ◽  
The Family ◽  
The World ◽  
Due Process Rights ◽  
Over Time

We here report the results of a content analysis focussed on the due process rights or guarantees which were provided to citizens under all the national constitutions extant in the world at 20 year intervals during the period from 1870 to 1970. Our study had three objectives. First, we sought to test the assumption that the granting of procedural guarantees by national constitutions was. over time, both being expanded within countries and being diffused worldwide across all countries, thus providing additional examples of the tendency for institutional forms to diffuse around the world and consequently for nation states to converge in their institutional structures and practices, tendencies already observed and documented in other realms such as the family, education, and retirement.

Methods of implementations of IFRS: Proposition of a classification

2014 ◽  
Vol 1 (1) ◽  
pp. 137
Author(s):  
Youssef Alami ◽  
Mohamed Rachid Ouezzani
Keyword(s):  
Content Analysis ◽  
Due Process ◽  
Listed Companies ◽  
The State ◽  
New Classification ◽  
The World

The IFRS have been adopted by most countries. This adoption differs in terms of method of implementation from one country to another. In fact, according Zeef and Nobes (2010), the adoption of IFRS in the world by countries to listed companies can be classified in accordance to its level of compliance with the IFRS issued by the IASB into four methods: "due process", "standard by standard", "optional" and "not fully converged". These authors have given some examples of adopters’ countries and have not classified the ensemble of countries adopting the IFRS in the world.In this paper, we introduce a new classification of methods of implementation of IFRS based on the three criteria: The conformity with the IFRS Issued by the IASB, the necessity of a regulatory passage and the policy of implementation. Thus, the content analysis of studies and reports issued by several international entities concerning the adoption of IFRS around the world has permitted to establish statistics on the methods of implementation applied by the countries around the world. Additional investigations have showed that the state of implementation of IFRS differs from a continent to another.

scholarly journals Emerging trends: Ethics, intimidation, and the Cold War

2021 ◽  
Vol 27 (3) ◽  
pp. 379-390
Author(s):  
Kenneth Ward Church ◽  
Valia Kordoni
Keyword(s):  
Cold War ◽  
Due Process ◽  
Iron Curtain ◽  
Care Needs ◽  
Checks And Balances ◽  
The Past ◽  
Emerging Trends ◽  
New Process ◽  
The World ◽  
The Cold War

AbstractThere are well-meaning efforts to address ethics that will likely make the world a better place, but care needs to be taken to avoid repeating mistakes of the past. In particular, ACL has recently introduced a new process where there are special reviews of some papers for ethics. We would be more comfortable with the new ethics process if there were more checks and balances, due process and transparency. Otherwise, there is a risk that the process could intimidate authors in ways that are not that dissimilar from the ways that academics were intimidated during the Cold War on both sides of the Iron Curtain.

scholarly journals The pandemic: A breeding ground for authoritarian power grabs

2021 ◽  
Vol 69 (3) ◽  
pp. 609-623
Author(s):  
Zona Zaric ◽  
Ivica Mladenovic
Keyword(s):  
Due Process ◽  
Gilles Deleuze ◽  
Civil Liberties ◽  
Historical Event ◽  
Breeding Ground ◽  
Late Capitalism ◽  
Health Crisis ◽  
Political Effects ◽  
The World ◽  
Mass Surveillance

This article attempts to demonstrate that the COVID-19 pandemic provided possibilities for numerous (non)democratic governments to impose new restrictions on civil liberties, persecute opponents, limit protests and introduce new mass surveillance techniques, thus turning a devastating biological virus into a damaging political virus that has markedly eroded the overall state of freedom in the world in just a few months. In countries considered non-democratic, but also in so-called democratic ones, the restriction of freedoms is justified in the name of preservation of mere biological life (zo?). This new historical event unveils the fact that the crisis has not been handled using democratic means, even in democratic states, but rather by means they have in common with all states, including the most authoritarian ones: by using tracking technologies, without any due process or control by intermediary bodies, by taking decisions by a few, and by using the urgency of the situation in order to be granted excessive powers. Using the interpretive framework of Michel Foucault, Gilles Deleuze and Giorgo Agamben, we illustrate the new direction of late capitalism and the dormant political effects of handling the health crisis.

Whistleblowing to Expose Criminal Activity in the Health Sector

2020 ◽  
pp. 318-333
Author(s):  
Niyi Awofeso
Keyword(s):  
Patient Safety ◽  
Due Process ◽  
Health Sector ◽  
Criminal Activity ◽  
Public Law ◽  
World Health ◽  
The Public ◽  
The World ◽  
Health Organization ◽  
Internal Whistleblowing

A whistleblower is an employee who alleges wrongdoing by his or her employer (or any organization) of the sort that violates public law or tends to adversely affect the public or at least some members of the concerned organization. The World Health Organization cites healthcare-related fraud as one of 10 leading causes of inefficiency in health systems. Despite the potential of whistleblowing to reduce healthcare fraud and unearth criminal negligence with respect to patient safety, it remains a highly controversial approach for exposing criminal activity and improving patient safety in the health sector. This chapter discusses the main aspects of healthcare fraud as well as the potential of whistleblowing to address such widespread health system deficiencies, particularly those cybersecurity-related. The author favours internal whistleblowing for criminal misdeeds in the health sector as a first resort. Veracity of whistleblowing allegations should not be taken for granted, and due process must be accorded all individuals accused of criminal negligence or fraud.

Due Process of Law in International Organizations

1965 ◽  
Vol 19 (2) ◽  
pp. 163-176 ◽  
Author(s):  
C. Wilfred Jenks
Keyword(s):  
International Relations ◽  
International Organizations ◽  
Due Process ◽  
Central Element ◽  
League Of Nations ◽  
Political Structure ◽  
Fundamental Conception ◽  
The World ◽  
Due Process Of Law ◽  
And Function

Those of us who have lived through the growth of international organizations during the last 45 years have witnessed a remarkable series of transformations in their membership, their procedures, their authority, their effectiveness, and even in their fundamental conception, purposes, and function.Designed to supplement the inherited and traditional political structure of the world, the League of Nations was to consist primarily of new arrangements for avoiding any repetition of the breakdown in the conduct of international relations represented by the outbreak of war in 1914. The United Nations, as originally conceived, was designed to be a central element in a political structure of a world which was recognized to be changing. But there was little appreciation, when the Charter was drafted, of how sudden, far-reaching, and decisive the changes would prove to be.

The Right to Confrontation in Common Law Systems

2015 ◽  
Vol 18 (1) ◽  
pp. 129-165
Author(s):  
Anthony Gray
Keyword(s):  
National Security ◽  
Due Process ◽  
Common Law ◽  
Case Law ◽  
American System ◽  
Open Court ◽  
Legal Adviser ◽  
The World ◽  
British System ◽  
The Right

Recent years have seen a departure from traditional criminal due process requirements in the wake of 9/11, one feature of which has been the increased use of closed court hearings in relation to the introduction of evidence considered particularly sensitive to national security. Typically, both the person affected by the proceedings and their legal adviser are excluded from such a hearing. These developments contradict long-established and fundamental characteristics of proceedings in a criminal law trial in common law systems, such as the open court principle and the adversarial nature of proceedings. They also contradict the right to confront accusers, a right traceable to Roman times, and a feature of the British system for more than four centuries, and of the American system for more than two. This article highlights the latest case law developments in key jurisdictions around the world before critically appraising trends evident in the recent jurisprudence. It is critical of the fact that courts in some jurisdictions have permitted substantial departures from the right of an individual to confront witnesses being used against them.

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