7. Discretion and deference

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Decision Making ◽  
National Security ◽  
Public Expenditure ◽  
Foreign Affairs ◽  
Political Responsibility ◽  
Political Processes ◽  
Decision Making Processes ◽  
Administrative Body ◽  
The Law

This chapter discusses how judges can defer in appropriate ways to administrative authorities on some issues, while still opposing abuses of power. The chapter explains why the courts defer massively to administrative authorities on some issues involving foreign affairs and national security, public expenditure, planning, and legal and political processes. The mere fact that the law has allocated the power to an administrative body gives rise to a presumption that a court should not interfere unless there is a ground for review other than that the court would have reached a decision; the extent to which a court ought to defer is determined by the three reasons for allocating power to an administrative body: the body’s expertise, its political responsibility, and/or its decision-making processes.

7. Discretion and deference

2021 ◽  
pp. 239-286
Author(s):  
Timothy Endicott
Keyword(s):  
Decision Making ◽  
National Security ◽  
Public Expenditure ◽  
Foreign Affairs ◽  
Political Responsibility ◽  
Political Processes ◽  
Decision Making Processes ◽  
Administrative Body ◽  
The Law

This chapter discusses how judges can defer in appropriate ways to administrative authorities on some issues, while still opposing abuses of power. The chapter explains why the courts defer massively to administrative authorities on some issues involving foreign affairs and national security, public expenditure, planning, and legal and political processes. The mere fact that the law has allocated the power to an administrative body gives rise to a presumption that a court should not interfere unless there is a ground for review other than that the court would have reached a decision. The extent to which a court ought to defer is determined by the three reasons for allocating power to an administrative body: the body’s expertise, its political responsibility, and/or its decision-making processes.

scholarly journals China's Foreign- and Security-policy Decision-making Processes under Hu Jintao

2009 ◽  
Vol 38 (3) ◽  
pp. 63-97 ◽  
Author(s):  
Jean-Pierre Cabestan
Keyword(s):  
Decision Making ◽  
National Security ◽  
Security Policy ◽  
Policy Decision ◽  
Foreign Affairs ◽  
Economic Relations ◽  
Implementation Processes ◽  
International Economic Relations ◽  
Foreign And Security Policy ◽  
Decision Making Processes

Since 1979, foreign- and security-policy-making and implementation processes have gradually and substantially changed. New modes of operation that have consolidated under Hu Jintao, actually took shape under Jiang Zemin in the 1990s, and some, under Deng Xiaoping. While the military's role has diminished, that of diplomats, experts, and bureaucracies dealing with trade, international economic relations, energy, propaganda and education has increased. Decision making in this area has remained highly centralized and concentrated in the supreme leading bodies of the Chinese Communist Party (CCP). However, China's globalization and decentralization, as well as the increasing complexity of its international interests, have intensified the need to better coordinate the activities of the various CCP and state organs involved in foreign and security policy; hence, the growing importance of the CCP leading small groups (foreign affairs, national security, Taiwan, etc.). But the rigidity of the current institutional pattern has so far foiled repeated attempts to establish a National Security Council.

National Security Decision-Making in Israel: Processes, Pathologies, and Strengths

2006 ◽  
Vol 60 (4) ◽  
pp. 635-663 ◽  
Author(s):  
Charles D. Freilich
Keyword(s):  
Decision Making ◽  
National Security ◽  
External Environment ◽  
Electoral System ◽  
Proportional Representation ◽  
Decision Making Process ◽  
Structural Factors ◽  
Decision Making Processes ◽  
Decision Making Support

This article presents a first of its kind typology of Israeli national security decision-making processes, focusing on five primary pathologies and a number of strengths. It will demonstrate that these pathologies are the product of an extraordinarily compelling external environment and domestic structural factors: chiefly, the extreme politicization of the decision-making process stemming from the proportional representation electoral system, the consequent need to govern through coalition cabinets, and the absence of effective cabinet-level decision-making support capabilities.

Concrete Theory: An Emerging Political Method

1990 ◽  
Vol 84 (3) ◽  
pp. 927-940 ◽  
Author(s):  
Ruth Lane
Keyword(s):  
Decision Making ◽  
Political Science ◽  
Logical Structure ◽  
Strategic Decision ◽  
Strategic Decision Making ◽  
Political Elites ◽  
Economic Rationality ◽  
Political Processes ◽  
Strong Interest ◽  
Decision Making Processes

Concrete theory is defined by a cluster of attributes—emphasis on governmental and other political elites, on strategic decision-making processes freed from narrow notions of economic rationality, and on a concern with the environment and institutions within which choice occurs. The approach has been observed recently in all research-oriented subfields within political science. Eight exemplars are discussed. Concrete theory demonstrates a novel combination of strong interest in empirical political processes, formalized through models that emphasize logical structure and depth explanation. Its effect is to bridge the gap between behavioral and institutional approaches.

scholarly journals From Poisons to Antidotes: Algorithms as Democracy Boosters

2022 ◽  
pp. 1-25
Author(s):  
Paolo Cavaliere ◽  
Graziella Romeo
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Political Institutions ◽  
Theoretical Framework ◽  
Traditional Authority ◽  
Political Processes ◽  
Viable Solution ◽  
Decision Making Processes ◽  
Automated Decision Making ◽  
Public Decision

Abstract Under what conditions can artificial intelligence contribute to political processes without undermining their legitimacy? Thanks to the ever-growing availability of data and the increasing power of decision-making algorithms, the future of political institutions is unlikely to be anything similar to what we have known throughout the last century, possibly with parliaments deprived of their traditional authority and public decision-making processes largely unaccountable. This paper discusses and challenges these concerns by suggesting a theoretical framework under which algorithmic decision-making is compatible with democracy and, most relevantly, can offer a viable solution to counter the rise of populist rhetoric in the governance arena. Such a framework is based on three pillars: (1) understanding the civic issues that are subjected to automated decision-making; (2) controlling the issues that are assigned to AI; and (3) evaluating and challenging the outputs of algorithmic decision-making.

scholarly journals Government Authority and the Covid-19 Lockdown

2020 ◽  
Vol 16 (3) ◽  
Author(s):  
Janine Hayward
Keyword(s):  
Decision Making ◽  
Emergency Management ◽  
National Security ◽  
Constitutional Change ◽  
Government Response ◽  
Decision Making Processes ◽  
Civil Defence ◽  
National Emergency ◽  
Epidemic Response ◽  
Government Authority

During the national lockdown, Cabinet exercised extraordinary authority in response to the Covid-19 pandemic. This article summarises the circumstances leading up to the adjournment of Parliament in late March, and the decision-making processes in place during the lockdown. This includes the national security system and all-of-government response to the crisis, as well as the key legislative triggers for the government’s response: the Epidemic Preparedness Act 2006 (and the epidemic notice) and the Civil Defence Emergency Management Act 2002 (and the state of national emergency). It also discusses decision making by the Covid-19 Ministerial Group and the Epidemic Response Committee while Parliament was adjourned. It argues that Cabinet exercised appropriate authority in response to the crisis and did not make significant, permanent or constitutional change.

scholarly journals Applying the Fraud Triangle Model to the Global Credit Crisis

2010 ◽  
Vol 5 (1) ◽  
Author(s):  
Ranulph Day
Keyword(s):  
Decision Making ◽  
Corporate Governance ◽  
Mass Scale ◽  
Fraud Triangle ◽  
Credit Crisis ◽  
Decision Making Processes ◽  
The Law ◽  
The Individual

The premise of this paper is that the unwarranted corporate collapses and failures which occurred during the, currently ongoing, ‘credit crisis’ arise from failures in the decision making processes of the organisation. This paper is written primarily from a legal corporate governance perspective and looks at how the law could allow, what in hindsight appears to be, staggering follies. As such this paper is focussed on the microeconomics of the debacle rather than upon the macroeconomic triggers. The rationale for this approach is that the law cannot regulate behaviour on a mass scale, law acts against the individual rather than the group. There are various reasons for this assumption ranging from the necessity of justice and fairness to practical logistics. However it is the working assumption of this paper that for law to be effective it has to act against individuals and so can only pursue a microeconomic approach.

scholarly journals BACKDOOR POLITICS: PERMITTING INFORMALITY FOR FORMAL DEVELOPMENT IN AFRICAN DEMOCRACIES

TEME ◽  
2020 ◽  
pp. 209
Author(s):  
Aluko Opeyemi Idowu
Keyword(s):  
South Africa ◽  
Public Policy ◽  
Decision Making ◽  
General Term ◽  
Political Processes ◽  
Formal Development ◽  
Starting Point ◽  
Decision Making Processes ◽  
Public Politics ◽  
East West

The backdoor politics is a general term behind the study of effective and responsible public policy from the perspective of informal political processes. The study analyses informal input determinants that affect responsible public politics. The methodology utilises data from the Afrobarometer database, assessing three countries in Africa, from the east, west and southern parts – Kenya, Nigeria and South Africa, respectively. The starting point of this methodology is that policy is responsible and effective if it integrates formal and informal decision-making processes and decision implementation.

scholarly journals Legitimacy of State Bodies involved in Citizenship Issues (Ukraine)

2020 ◽  
pp. 118-122
Author(s):  
Maksym Surzhynskyi
Keyword(s):  
National Security ◽  
State Policy ◽  
Central Executive ◽  
The State ◽  
Foreign Affairs ◽  
Factors Affecting ◽  
The Status ◽  
Legal Legitimacy ◽  
The Law ◽  
Executive Body

In the extremely difficult conditions of today, the problems of citizenship for Ukraine have become extremely relevant, becoming one of the factors affecting the state of ensuring its national security. This includes the problem of understanding the legitimacy of the state bodies involved in addressing citizenship issues.          Legitimacy and legality are the main features that characterize the state bodies involved in addressing citizenship issues. However, legitimacy is not synonymous with legality.          The legality of state bodies involved in resolving citizenship issues is purely legal in nature and expresses the formal conformity of their creation and operation of law, that is, legal legitimacy.          The legitimacy of state bodies involved in citizenship matters means that they are supported by society.          Legitimacy is derived from the process of legitimation, after which the state bodies involved in resolving citizenship issues acquire the status of legitimacy.          According to the Law of Ukraine "On Citizenship of Ukraine" of January 18, 2001, the state bodies involved in the decision of citizenship include: President of Ukraine, Commission under the President of Ukraine on Citizenship, the central executive body implementing state policy in citizenship and its subordinate bodies, the Ministry of Foreign Affairs of Ukraine, diplomatic missions and consular posts of Ukraine.          The current legislation on citizenship of Ukraine not only legalizes the system of state bodies involved in solving citizenship issues, but also legitimizes their actions.

scholarly journals Empowered Communities: Science, Ideology And The Limits Of Political Action

2016 ◽  
Vol 0 (0) ◽  
Author(s):  
Filip Roumeliotis
Keyword(s):  
Decision Making ◽  
Scientific Reasoning ◽  
Political Action ◽  
Community Empowerment ◽  
Drug Prevention ◽  
Prevention Science ◽  
Political Processes ◽  
Communities That Care ◽  
Political Problem ◽  
Decision Making Processes

AbstractAIMS - Against the background of an increased interest in community participation in political processes, this article critically examines how the “community” is constituted as a political entity in the Communities That Care drug prevention programme. METHOD - Through an examination of 14 publications written by the programme developers and other collaborators, I have analysed the programme’s theoretical foundation. RESULTS - The programme seeks to constitute the community as an expert community, drawing on the principles of prevention science in its decision-making processes and thereby asserting the primacy of scientific reasoning in politics. Disagreement, otherwise regarded as the “essence” of democratic politics, is to be neutralised through the establishment of a common language based on prevention science. The programme constitutes needs as existing independently of any culturally and politically informed interpretations and promptly met by ready-tested, evidence-based interventions. By combining a consumer subject and an instrumental-rational subject, the programme establishes a specific kind of democratic subject expected to exert its choices on a market offering instant solutions to problems formulated outside of the community’s decision-making processes. CONCLUSION - The analysis points to a range of limitations and issues on how community empowerment and democratic participation are conceptualised in the programme. By asserting the primacy of scientific reasoning in drug-policy processes, the programme sets limits to what counts as a political problem and which responses are deemed legitimate. This risks exerting significant closure on the ability of communities to speak in properly political terms.

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