Diversity and the Public Interest: Two Cases in Metropolitan Decision-Making

1961 ◽  
Vol 27 (2) ◽  
pp. 107-117 ◽  
Author(s):  
Paul N. Ylvisaker
Author(s):  
Lawrence Susskind ◽  
Jessica Gordon ◽  
Yasmin Zaerpoor

Deliberative democracy and public dispute resolution (PDR) have the same goal—to inform and determine the public interest—but they involve different skills and practices. This article considers the ways in which deliberative democratic approaches to policy-related decision-making can be supplemented with tools used in public dispute resolution—specifically, the use of an independent mediator, the well-developed technique of stakeholder assessment, and a new strategy called joint fact-finding, where stakeholders with different interests work together with outside experts to identify common assumptions, gather information together, and formulate and clarify opinions. All are designed to achieve fairer, wiser, more stable and more efficient outcomes.


Author(s):  
JOAN MULLEN

While crowding has been a persistent feature of the American prison since its invention in the nineteenth century, the last decade of crisis has brought more outspoken media investigations of prison conditions, higher levels of political and managerial turmoil, and a judiciary increasingly willing to bring the conditions of confinement under the scope of Eighth Amendment review. With the added incentive of severe budget constraints, liberals and conservatives alike now question whether this is any way to do business. Although crowding cannot be defined by quantitative measures alone, many institutions have far exceeded their limits of density according to minimum standards promulgated by the corrections profession. Some fall far below any reasonable standard of human decency. The results are costly, dangerous, and offensive to the public interest. Breaking the cycle of recurrent crisis requires considered efforts to address the decentralized, discretionary nature of sentence decision making and to link sentencing policies to the resources available to the corrections function. The demand to match policy with resources is simply a call for more rational policymaking. To ask for less is to allow the future of corrections to resemble its troubled past.


Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston

Chapter 7 interrogates the central issue in the book—the extent to which pre-strike ballot requirements give effect to the democratic rights of individual workers and the public interest in ensuring that the exercise of strike action is based on democratic decision-making. It argues that pre-strike ballot requirements are imposed on trade unions in a very different context when compared with other forms of political or industrial contests. The chapter analyses unions’ democratic processes in three interrelated, but different, key decisions in the process to take strike action under the Fair Work Act 2009 (Cth): (i) the decision to apply for an order for a pre-strike ballot to be held; (ii) the decision to approve proposed industrial action in a pre-strike ballot; and (iii) the decision to take approved industrial action after such action has been approved in a pre-strike ballot. Each of these decisions occurs within the context of the legal and industrial relations framework, and the democratic processes involved are inevitably shaped by those frameworks. The evidence presented in this chapter suggests that the first and third decisions are generally conducted in a manner that allows for participatory democratic processes. However, when union members vote in a pre-strike ballot, there is little evidence of the kinds of practices that typically characterize a participatory democratic model. Instead, union engagement with members is focused on educating them about the legal requirements and the consequences of abstention or a no vote in associated bargaining, rather than on the arguments for and against the proposed industrial action.


Author(s):  
Alison Harcourt ◽  
George Christou ◽  
Seamus Simpson

The conclusion situates the book’s findings in academic debates on democracy and the Internet, global self-regulation, and civil society, and international decision-making processes in unstructured environments. It assesses whether current standards-developing organization (SDO) decision-making is able to bridge historical representation gaps and deficiencies. A nuanced pattern is emerging with increasing inclusion of a wider number of actors within SDO fora. The first part of the chapter returns to the Multiple Streams (MS) framework applied to the case studies on a comparative basis. It identifies key processes under which SDO rules of interaction are established at the international level and explains which interests have come to the fore within decision-making highlighting the occurrence of policy entrepreneurship, forum shopping, and coupling. The final part explores additional frameworks for SDO regulation where spaces for public interest consideration might occur in the future. These are opportunities for inserting public interest considerations into international and national Acts, certification programmes, and the move towards open source solutions for Internet management. The book concludes that, although the literature is expansive on the interaction of corporate sector actors within SDOs, the study of other actors, such as digital rights groups, civil society, academics, policy entrepreneurs and the technical community as a whole, has been underdressed in the literature on international self-regulatory fora to date. In this respect, the book raises important questions of representation of the public interest at the international level by having addressed the actions of actors within SDO fora who promote public interest goals.


2020 ◽  
Vol 34 (6) ◽  
pp. 985-1003
Author(s):  
Tracey L Adams

Given their positions of public trust, regulated professions are legally required to uphold ethical standards, and ensure that professional practice protects the public. Nonetheless, there is ample evidence that professionals do not always behave ethically. One proposed solution is greater organizational surveillance; however, research from a neo-Weberian perspective encourages scepticism about such arguments. Organizations may not only fail to stop professionals from violating ethical codes, but rationalizing organizations might actively encourage such violations in the name of efficiency. This article explores the impact of organizations and rationalization on professional misconduct through a mixed-methods study of professional engineers in Ontario, Canada. Findings suggest engineers are impacted by rationalization, and that those with less decision-making authority experience pressures discouraging practice in the public interest.


Author(s):  
Michael Jeffrey QC ◽  
Donna Craig

This article examines the role of environmental conflict resolution (ECR) in the public interest issues of water disputes. The article endeavours to  illustrate the strengths and weaknesses of a range of alternative dispute resolution (ADR) and negotiation approaches in the context of decision-making. Although many embrace ECR as the cheaper and more effective alternative to more formalistic and entrenched judicial processes before courts of law and quasi-judicial tribunals, the authors argue that there is an urgent need for a more critical, contextual and issue-oriented approach. In particular, the article highlights the significant difficulties associated with representing the full range of stakeholders who should be involved in an ADR process, and the lack of transparency and procedural safeguards associated with ADR in complex public interest disputes. The strength of ADR in smaller project-specific disputes involving a very limited number of stakeholders is well understood. The authors argue that ADR may have a significant role in scoping the issues and associated research as well as facilitating agreement on procedural aspects of large, complex public interest water disputes. However, ADR has severe limitations as a decision-making process. For example, water conflicts necessarily involve the concept of sustainability that in turn touches on a complex maze of social, political, economic and ecological values. The probability of reaching a mediated settlement in such a context is severely curtailed. A preferable approach may be one that is entirely transparent, capable of being both monitored and enforced, and is binding on all stakeholders whether or not they are parties to the mediation.


Author(s):  
Mike Feintuck

This article contends that regulation in certain fields should incorporate and give emphasis to values beyond those of market economics. It is argued here that the frame of reference of the market is too narrow to encompass properly a range of social and political values which are established in liberal democracies and can be seen as constitutional in nature. Examples from fields such as environmental regulation and regulation of the media are used here to illustrate a range of non-economic values which have been, are, or should be reflected in regulatory theory and practice as a means of recognising and reflecting principles related to social justice. Such principles extend beyond, and may be antithetical to the practices, values, and outcomes of market-driven decision-making.


2020 ◽  
Vol 29 (3) ◽  
pp. 149
Author(s):  
Piotr Szczekocki

<p class="Standard">In the article, the author focused on three theoretical and philosophical issues of the judicial enforcement law in Poland, connected with the new enforcement acts which entered into force on 1 January 2019. First, the judicial enforcement proceedings were presented as an element of the law application process. The axiological dimension of this law, the place and function of a court bailiff in the law application process and the introduction of general clauses, combined with the basic values of the court enforcement law in the form of efficiency, effectiveness and reliability, form the new picture of the judicial enforcement law. Secondly, the problem of a general clause as a “carrier” of extralegal criteria was discussed, which takes an important place in the process of enforcement law application in the new bailiff’s law. There is the special role of the “public interest” and the “interest of justice” clauses as normative constructions introduced by the legislator to judicial enforcement. Thirdly, an attempt was made to answer the question about the presence and possible limits of discretion (free decision-making) of a court bailiff in the surrounding of the new axiology of enforcement law, and especially the formulation of this issue in the process of operative interpretation of law by a court bailiff.</p>


2018 ◽  
Vol 9 (3) ◽  
pp. 391-415 ◽  
Author(s):  
Maria DE BENEDETTO

The question of effective law has been studied in many fields of research, such as philosophy and sociology of law, law and economics, public policy and behavioural sciences. This article aims to treat it as a genuine administrative law issue which is currently having a significant impact on administrative procedures, especially affecting the way in which rules are adopted and implemented. Furthermore, the article attempts to reconcile conflicting views in existing literature on the meaning of effective law and on which factors lead to effectiveness by proposing an integrated approach: starting from a regulatory perspective it considers both traditional determinants of effectiveness, ie compliance and enforcement, as well as the emerging aspect of outcomes, focused on the idea that a rule can be defined as effective when its desired effects have been achieved and the public interest which justifies the rule has been safeguarded without producing unwanted or disfunctional consequences.Far from being simply a decisional problem for institutions (arising in legislative, regulatory and administrative procedures), effectiveness calls for a “steering administration” and represents a criterion for decision-making, since expected effectiveness can be used in the logic of “whether” and “how” institutions should arrive at decisions.


2006 ◽  
Vol 18 (1) ◽  
pp. 103-116 ◽  
Author(s):  
Dawn W. Massey ◽  
Linda Thorne

This study investigates whether task information feedback (TIF) promotes 84 auditors' and accounting students' use of higher ethical reasoning, thereby increasing their tendency to consider the public interest in the resolution of ethical dilemmas. TIF is a type of feedback in which subjects are provided with guidance about the cognitive decision-making process they should use. In our experiment, subjects used higher ethical reasoning to resolve audit dilemmas after receiving TIF than they did before receiving TIF. Accordingly, our findings suggest that TIF is effective in promoting higher ethical reasoning and thus increasing the tendency of practicing and aspiring auditors to consider the public interest when resolving ethical dilemmas.


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