Air Transportation Policy in the Wake of September 11: Public Management and Civil Liberties in an Authority Centralization Context

Author(s):  
Brian J. Gerber ◽  
Chris J. Dolan
Refuge ◽  
2002 ◽  
pp. 23-28
Author(s):  
Kate Martin

The attacks of September 11, 2002, have dramatically altered the policy andscape in Washington, but it is important to reject the notion that there is a necessary trade-off between security and civil liberties. One of the most serious threats to civil liberties has been the adoption of a policy of preventive detention that has resulted in the secret jailing of hundreds of Arabs and Muslims when there is no evidence linking them to terrorist activity. This has been done, not by using the limited new authorities granted the government in the post-September 11 terrorism legislation, but by improperly using pre-existing criminal and immigration authorities. Secret arrests are antithetical to a democratic society. A targeted investigation that focuses on actual terrorist activity and respects the legitimate political and religious activity of citizens and non-citizens would be more effective than a dragnet approach that has resulted in the secret arrests of hundreds of individuals.


First Monday ◽  
2006 ◽  
Author(s):  
Rob Kitchin ◽  
Martin Dodge

Over the past thirty years, the practices of everyday life have become increasingly infused with and mediated by software and captured in code. Software is increasingly embedded into objects and systems as a means to enhance and manage usage and to link together disparate and distanciated parts of an infrastructure, enabling new and refined processes. In some cases, such as air transportation, this embedding has become so pervasive and vital that if the software crashes one part of the system grinds to a halt, subsequently disrupting other aspects of air travel. In this article, we examine one part of this system, the profiling and screening of passengers, to argue that the use of software has engendered a new form of governmentality — mundane management — that is having a profound effect on the operation and regulation of air travel. The development of distributed information systems has enabled governments and air travel businesses to capture, cross–reference and regulate the ongoing status of individuals in ways that were previously difficult, if not impossible. By linking these capta together, a dense rhizomic assemblage of power/knowledge is being created; what is at best oligoptic (partial and selective) in nature is becoming more panoptic (all–seeing ). This is especially the case given the trend towards increased granularity (resolution) and uniqueness (unique identification based on biometrics) of capta, and the fact that capta stored are unlikely ever to be deleted. These systems are not without their problems, particularly with regard to civil liberties. However, new procedures and technologies have largely been greeted by the public with ambivalence or welcomed, rather than resisted.


2021 ◽  
pp. 001955612110359
Author(s):  
Tanushka Sharma ◽  
Arunima

The degree of infection and consequent deaths have differed vastly, but Covid-19 pandemic has spared no country. The focus of this article is not to analyse India’s success in responding to this global pandemic but rather to draw lessons from this experience for effective public management in other fields of development. There seems to be an emerging consensus that civil liberties and public management matters. In a public health emergency, the primary responsibility of the government is to balance the foundation which paves way for equity, public welfare, individual and group rights, and a smooth functioning of democratic processes. Specific to the global crisis, the article focuses on how crucial it is to have a broad and free dialogue about civil liberties. Several countries are imposing some or the other form of problematic restrictions on civil liberties of an individual during the Covid-19 pandemic, leading to changing societal scenarios in a negative manner. Therefore, the article highlights the expertise of new public management and deployment of enhanced role of society stakeholders defence of civil liberties, especially in the area of social justice and misinformation.


WARTA ARDHIA ◽  
2017 ◽  
Vol 41 (4) ◽  
pp. 171
Author(s):  
Endang Puji Lestari

Legal policy in developing and providing air transportation’s human resources is the sub system of national transportation policy. There are two problems in this research, first, how is the regulation of Indonesia’s legal policy in air transportation’s human resources development? Second, how is the concept of legal policy of Indonesia’s air transportation human resources development? Regulation scope in providing and developing of air transportation human resources development consists of manpower planning, education and training, working opportunity and surveillance, monitoring as well as evaluation. Legal policy of regulation in providing and developing human resources that is conducted through delegated legislation requires sustainable policy such as the enactment of three Minister Regulations, namely the Minister of Transportation Regulation on The Development and Providing of Air Transportation Human Resources, the Minister of Transportation Regulation on The Implementation of Air Transportation Education and Training, and the Minister of Transportation Regulation on certificate of competency and license as well as arrangement of training program. The writer suggests the Ministry of Transportation to ratify immediately the three of the Minister of Transportation Regulations that have a basic delegated legislation as an answer to face ASEAN open sky policy. Keywords: legal policy, human resources, delegated legislation. Politik hukum pengembangan dan penyediaan SDM penerbangan merupakan sub-sistem dari kebijakan transpotasi nasional. Terdapat dua permasalahan dalam tulisan ini, pertama, bagaimana kebijakan politik hukum nasional Indonesia dalam pengembangan SDM transportasi udara nasional? kedua, bagaimana konsep kebijakan hukum pengembangan SDM transportasi udara nasional? Ruang lingkup pengaturan penyediaan dan pengembangan SDM penerbangan meliputi perencanaan sumber daya manusia (manpower planning), pendidikan dan pelatihan, perluasan kesempatan kerja, serta pengawasan, pemantauan, dan evaluasi. Politik legislasi pengaturan pengembangan dan penyediaan SDM yang dilakukan melalui delegated legislation di atas memerlukan kebijakan lanjutan berupa diundangkannya tiga peraturan menteri yaitu peraturan menteri perhubungan tentang penyediaan dan pengembangan sumber daya manusia di bidang penerbangan, peraturan menteri perhubungan tentang penyelenggaraan pendidikan dan pelatihan di bidang penerbangan, dan peraturan menteri perhubungan tentang sertifikat kompetensi dan lisensi serta penyusunan program pelatihan. Penulis menyarankan kepada Kementerian Perhubungan RI untuk segera mengundangkan ketiga peraturan menteri perhubungan yang telah memiliki dasar delegated legislation sebagai jawaban untuk menghadapi ASEAN open sky policy. Kata kunci: politik hukum, sumber daya manusia, delegated legislation.


2003 ◽  
Vol 38 (1) ◽  
pp. 3-28 ◽  
Author(s):  
Dirk Haubrich

AbstractThe attacks on the United States of America in September 2001 have spurred a rapid implementation of new Anti-Terrorism legislation around the world. In an effort to, ostensibly, safeguard against the repetition of similar events on their own territories, many democracies have taken far-reaching legislative steps that might threaten the ideal of liberty on which their societies have traditionally been built. This article examines the laws introduced in Britain, France and Germany to establish the extent to which civil liberties in eight different categories have been curtailed. It concludes that, despite the otherwise similar characteristics of the countries studied, the legal provisions differ significantly in scope and depth, a fact that might be explained by: the different levels of threat perception; Britain's history of anti-terror legislation; and the respective power balances between judiciaries and legislatures.


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