9. Bias, Impartiality, and Independence

Author(s):  
Mark Elliott ◽  
Jason Varuhas

This chapter examines the notions of impartiality (and bias) and independence. It first provides an overview of the scope and rationale of the rule against bias before discussing the connection between impartiality and procedural fairness. It then reviews the ‘automatic disqualification rule’ by which a decision-maker can be disqualified if he/she has a sufficient financial interest in the outcome of the decision-making process. It also explores the apprehension of bias and the ‘fair-minded observer rule’, along with the political dimensions of the rule against bias. Finally, it considers Article 6 of the European Convention on Human Rights in an administrative context and when Article 6(1) applies to administrative decision-making. A number of relevant cases are cited throughout the chapter, including R v. Sussex Justices, ex parte McCarthy [1924] 1 KB 256.

2021 ◽  
pp. 186810342110367
Author(s):  
Moch Faisal Karim ◽  
Willy Dwira Yudha

Indonesia is among the many states that have become interested in conducting deep-sea mining (DSM) since it first became viable in the 1970s. However, it was during the administration of President Joko Widodo (2014–2019) that DSM became an important viable endeavour, with the increasing depletion of Indonesia’s mineral and metal reserves. Nevertheless, Indonesia is yet to undertake DSM activity. This article aims to explain the absence of DSM in Indonesia by analysing the political dimensions of the decision-making process during President Widodo’s administration. This research utilises the poliheuristic theory (PHT) of decision-making. It shows that Indonesia’s DSM absence is the result of conscious decisions made by President Widodo to avoid loss in public support and drop in popularity. This article contributes to expanding the study of non-event or non-decision, which has been largely ignored in decision-making literature in Indonesia.


Author(s):  
Emad Abu-Shanab ◽  
Raya Al-Dalou'

The relationship between citizens and governments is the core of e-government. E-participation is one of the political dimensions of e-government which focuses on informing, consulting, involving, collaborating, and empowering citizens to take part of the decision making process. This study adopted a framework for the five levels of e-participation and tried to test such model empirically using 400 responses from Jordanians. The study tried to measure Jordanian perceptions towards e-participation initiatives and practices in Jordan, and to measure the achievements on each level as perceived and reported by subjects. Results indicated that the highest perceived level was e-involving, and the lowest was e-consulting. Also, the CFA results indicated a distorted distribution of items between the major levels. Results of other issues explored are discussed further in this study.


2018 ◽  
pp. 1255-1272
Author(s):  
Emad Abu-Shanab ◽  
Raya Al-Dalou'

The relationship between citizens and governments is the core of e-government. E-participation is one of the political dimensions of e-government which focuses on informing, consulting, involving, collaborating, and empowering citizens to take part of the decision making process. This study adopted a framework for the five levels of e-participation and tried to test such model empirically using 400 responses from Jordanians. The study tried to measure Jordanian perceptions towards e-participation initiatives and practices in Jordan, and to measure the achievements on each level as perceived and reported by subjects. Results indicated that the highest perceived level was e-involving, and the lowest was e-consulting. Also, the CFA results indicated a distorted distribution of items between the major levels. Results of other issues explored are discussed further in this study.


2018 ◽  
Vol 31 (2) ◽  
pp. 335-361
Author(s):  
BJÖRNSTJERN BAADE

AbstractThis article argues that understanding the role of the European Court of Human Rights (ECtHR or the Court) to be that of a guardian of discourse would respect legitimate disagreement among pluralist democracies, while enabling the Court to safeguard human rights in a meaningful and effective way.From the European Convention on Human Rights (ECHR or the Convention) and the Court's jurisprudence, three basic standards of review can be distilled: First, wherever the Convention's requirements are sufficiently concrete, the Court holds contracting states to well-established standards. Second, when applying broad, abstract and relative Convention rights, the Court safeguards the practical rationality of a democratic decision-making discourse under the rule of law – a substantive review standard that is influenced by procedural factors. Third, the Court also needs to check the facts underlying the case, in order to render its control effective.By setting ‘soft’ precedent in the form of factors that guide future decision-making without entirely prejudging it, and by taking into account second-order reasons concerning its legitimacy to intervene, the Court is acting as a second player in states’ decision-making discourse. Its task is not to replace the institutions originally responsible for taking the decision, but to ensure that they conform to their own role.


1970 ◽  
pp. 53-57
Author(s):  
Azza Charara Baydoun

Women today are considered to be outside the political and administrative power structures and their participation in the decision-making process is non-existent. As far as their participation in the political life is concerned they are still on the margins. The existence of patriarchal society in Lebanon as well as the absence of governmental policies and procedures that aim at helping women and enhancing their political participation has made it very difficult for women to be accepted as leaders and to be granted votes in elections (UNIFEM, 2002).This above quote is taken from a report that was prepared to assess the progress made regarding the status of Lebanese women both on the social and governmental levels in light of the Beijing Platform for Action – the name given to the provisions of the Fourth Conference on Women held in Beijing in 1995. The above quote describes the slow progress achieved by Lebanese women in view of the ambitious goal that requires that the proportion of women occupying administrative or political positions in Lebanon should reach 30 percent of thetotal by the year 2005!


Author(s):  
Julio Baquero Cruz

This chapter analyses another area of Union law that is highly controversial and relevant in structural terms—the protection of fundamental rights. It discusses the scope and standard of the protection offered at Union level, the consequences for national law, and the implications of the future accession of the Union to the European Convention on Human Rights. These issues are of fundamental importance for the integrity of Union law and of wider significance for the political understanding of the Union.


Author(s):  
Takeuchi Ayano

AbstractPublic participation has become increasingly necessary to connect a wide range of knowledge and various values to agenda setting, decision-making and policymaking. In this context, deliberative democratic concepts, especially “mini-publics,” are gaining attention. Generally, mini-publics are conducted with randomly selected lay citizens who provide sufficient information to deliberate on issues and form final recommendations. Evaluations are conducted by practitioner researchers and independent researchers, but the results are not standardized. In this study, a systematic review of existing research regarding practices and outcomes of mini-publics was conducted. To analyze 29 papers, the evaluation methodologies were divided into 4 categories of a matrix between the evaluator and evaluated data. The evaluated cases mainly focused on the following two points: (1) how to maintain deliberation quality, and (2) the feasibility of mini-publics. To create a new path to the political decision-making process through mini-publics, it must be demonstrated that mini-publics can contribute to the decision-making process and good-quality deliberations are of concern to policy-makers and experts. Mini-publics are feasible if they can contribute to the political decision-making process and practitioners can evaluate and understand the advantages of mini-publics for each case. For future research, it is important to combine practical case studies and academic research, because few studies have been evaluated by independent researchers.


1982 ◽  
Vol 32 ◽  
pp. 7-8
Author(s):  
Richard DeGraw ◽  
Bette F. DeGraw

The Legislative Decision Making Process is an educational role play for graduate or undergraduate students concerning the political and pressure relationships involved in the political decision-making process. The role play reviews the implications of the decision-making processes upon the provision of services by governmental agencies.The role play engages from twenty to sixty students in a simulated budget-making and lobbying experience and utilizes this experience to teach students:1.The values and pressures considered by bureaucracies and the Legislature in decision-making;2.The relationships which exist between clients, community groups, administrators and politicians;3.The various techniques of Community Organization for lobbying and Legislative influence.The role play consists of various groups of students in roles which include legislators, administrators of three major state departments, two minor state departments, parent groups, Concerned Citizen groups, American Indians disabled individuals and ex-clients.


Author(s):  
Andrzej Łodziński

The paper presents the decision support under risk by the risk averse decision maker. Decision making under risk occurs when the result of the decision is not unequivocal and depends on the state of the environment. The decision making process is modeled with the use of multi-criteria optimization. The decision is made by solving the problem with the control parameters that determine the decision maker's aspirations and the evaluation of the solutions received. The decision maker asks the parameter for which the solution is determined. Then, evaluate the solution received accepting or rejecting it. In the second case, the decision maker gives a new parameter value and the problem is solved again for the new parameter. The work includes an simple discrete problem of decision support under risk


2020 ◽  
Vol 13 (2) ◽  
pp. 1-7
Author(s):  
Nuraini Arifianti ◽  
Nunuk Adiarni

The social media is currently not only used for social friendship but also for business purpose.The people use line, whatshapp, instagram and facebook. Related to business goals, the content is made possible by availability of the applications to convey marketing messages to customers. This requires creative message and content creators, which work in team with decision maker and administrator. However, it’s need  to continuously manage it. This study was aimed to find out how the management of social media in XYZ businesses using descriptive qualitative. Instagram management implemented by XYZ starts from setting target customers to the content evaluation process. However, it has not comprehensively been managed unless it responds to negative comments from followers. The results of the study prove that using the social media such as Instagram in marketing requires management by planning, organizing and decision making process for creative content and followed by an evaluation and handling follower responses.


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