Part III The Relationship Between the Judiciary and the Political Branches, 6 An Overview of Judicial and Executive Relations in Lusophone Africa

Author(s):  
Bastos Fernando Loureiro

This chapter examines judicial–executive relationships in Africa’s Lusophone systems, Angola, Mozambique, Guinea-Bissau, and the island nations of Cape Verde and São Tomé and Príncipe, which are often neglected in the English-language literature. These systems continue to follow the Portuguese system closely not only because of their colonial history but also due to an ongoing process in which Portuguese sources are widely used and judicial officers and law professors often receive training in Portugal. The result is the persistent view of the separation of powers wherein the judiciary is subordinate to the legislature, the executive, and to the law that those branches alone create; its role is understood chiefly as a resolver of disputes between private parties. While the constitutions of these states offer textual protection for the judiciary’s independence, only Cape Verde has made important strides to realizing this in practice. Executive influence over the judiciary is strong.

2012 ◽  
Vol 33 (6) ◽  
pp. E10 ◽  
Author(s):  
Jonathan A. Forbes ◽  
Ahmed J. Awad ◽  
Scott Zuckerman ◽  
Kevin Carr ◽  
Joseph S. Cheng

Object The authors' goal was to better define the relationship between biomechanical parameters of a helmeted collision and the likelihood of concussion. Methods The English-language literature was reviewed in search of scholarly articles describing the rotational and translational accelerations observed during all monitored impact conditions that resulted in concussion at all levels of American football. Results High school players who suffer concussion experience an average of 93.9g of translational acceleration (TA) and 6505.2 rad/s2 of rotational acceleration (RA). College athletes experience an average of 118.4g of TA and 5311.6 rad/s2 of RA. While approximately 3% of collisions are associated with TAs greater than the mean TA associated with concussion, only about 0.02% of collisions actually result in a concussion. Associated variables that determine whether a player who experiences a severe collision also experiences a concussion remain hypothetical at present. Conclusions The ability to reliably predict the incidence of concussion based purely on biomechanical data remains elusive. This study provides novel, important information that helps to quantify the relative insignificance of biomechanical parameters in prediction of concussion risk. Further research will be necessary to better define other factors that predispose to concussion.


Author(s):  
Mathew D. McCubbins ◽  
Daniel B. Rodriguez

This article discusses the judiciary and the role of law. It talks about the implications of the approach for issues in statutory interpretation, and then examines the relationship between the legal and political controls of bureaucracy. The last section in the article focuses on the implications for judicial independence within the larger separation-of-powers system. The emerging literature on Positive Political Theory (PPT) further stresses the political nature of legal decision-making and the dynamic relationship among the legislative, judicial, and executive branches.


Author(s):  
Ramsey McGlazer

This book marks out a modernist counter-tradition. The book proceeds from an anachronism common to Italian- and English-language literature and cinema: a fascination with outmoded, paradigmatically pre-modern educational forms that persists long after they are displaced in modernizing, reform-minded pedagogical theories. Old Schools shows that these old-school teaching techniques organize key works by Walter Pater, Giovanni Pascoli, James Joyce, Pier Paolo Pasolini, and Glauber Rocha. All of these figures oppose ideologies of progress by returning to and creatively reimagining the Latin class long since left behind by progressive educators. Across the political spectrum, advocates of progressive education, from Jean-Jacques Rousseau to John Dewey and Giovanni Gentile, had targeted Latin in particular. The dead language—taught through time-tested techniques including memorization, recitation, copying out, and other forms of repetition and recall—needed to be updated or eliminated, reformers argued, so that students could breathe free and become modern, achieving a break with convention and constraint. By contrast, the works that Old Schools considers valorize instruction’s outmoded techniques, even at their most cumbersome and conventional. Like the Latin class to which they return, these works produce constraints that feel limiting but that, by virtue of that very limitation, invite valuable resistance. As they turn grammar drills into verse and repetitious lectures into voiceovers, they find unlikely resources for creativity and critique in the very practices that progressive reformers sought to clear away.


2020 ◽  
Vol 88 ◽  
pp. 01012
Author(s):  
Kseniya Melnikova ◽  
Alla Guslyakova ◽  
Lucio Giuliodori

The problem of the research is the insufficient study of political correctness (PC) in the intercultural and linguistic aspects, as well as the urgent need to establish its status in the modern integrated culture. The relevance of the study is due to there is no unified approach to the analysis of the concept of PC in the political sphere. There is a special ideological cultural and behavioral linguistic tolerant tendency in the contrary to expressions subjected to public ostracism due to the fact that the speeches of public figures contain too many politically incorrect statements. Thus, the “listener” may have an internal protest against the use of PC vocabulary in everyday life, although its use is forced upon society by all types of media. The study is touch upon the analysis of the vast corpus of statements by US President D. Trump on Twitter, as well as other open Internet sources. The problem of studying PC was dealt with as Russian scientists, such as A.B. Ostroukh, M. Yu. Palazhchenko, Yu.L. Gumanova, S.G. - Ter Minasova, L.V. Tsurikova and others, as well as their foreign colleagues: Paul Berman, Deborah Cameron and others. The aim of research is to attempt to describe the PC category in terms of cultural, behavioral and linguistic perspectives. In accordance with the tasks set for the study the following methods were used: descriptive method, methods of distributive, component, quantitative and comparative analysis. The results could be used in educational and methodological activities as well as preparation of materials on cultural linguistics, lexicology, linguistic stylistics submissions, etc. The further research course plans to establish the relationship between the occasional euphemistic vocabulary.


2019 ◽  

Federalism is becoming increasingly important in shaping political orders. However, the vast amount of empirical studies and comparative work has pushed the theoretical and ideological treatment of federalism into the background in recent research. Thus, there is no overall presentation of the political and theoretical debates on the modern concept of federalism. Also, the question of the relationship between federalism and democracy is unclear. The aim of this anthology is firstly to prove the theoretical diversity of the discourse on federalism and secondly to depict the path dependence of certain traditions of thinking in the discourse on federalism. Of course, any attempt to deal with a theoretical tradition that is as broad and influential as federalist thinking inevitably involves certain limitations. Thus, the authors of the contributions compiled in this book were given two specifications. The first concerns the embedding of its representation in concrete political debates on the notions of democracy and the vertical separation of powers in the state. The second requires a systematic review of the concept of federalism and the understanding of freedom. The authors examine how a federalist view of politics places representation and administration not only at the level of the state, but also at its subordinate levels, changing our understanding of politics, and how a changing understanding of democracy has shaped the political and theoretical debates on federalism. With contributions by Gabriele Abels, Juri Auderset, Volker Depkart, Dirk Jörke, Charlotte A. Lerg, Thomas Maissen, Hartmut Marhold, William Mathie, James Read, Lee Ward, Claudia Wiesner.


Author(s):  
Fiseha Assefa

This chapter examines the relationship between the judiciary and the legislature in Ethiopia. The country has adopted a parliamentary system of government, but by contemporary standards, it has some unusual features. Its governments have historically blended judicial and executive functions, leaving the position of the judiciary somewhat unclear, and the Supreme Court has not tended to assert its power. There are signs of the use of legislative overrides to reverse individual decisions, and of ouster clauses to transfer jurisdiction on various issues from the courts to administrative tribunals within the executive. Although lower courts have attempted to review decisions of these tribunals, the Supreme Court has overruled them on the basis that it lacks jurisdiction. The highest ranks of the judiciary therefore seem to be accepting of a vision of the separation of powers in which other branches define the judicial role.


This book examines one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the book examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the various constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.


2014 ◽  
Vol 62 (5) ◽  
pp. 723-742 ◽  
Author(s):  
Sari Hanafi ◽  
Rigas Arvanitis

This article aims at questioning the relationship between Arab social research and language by arguing that many factors including the political economy of publication, globalization, internationalization and commodification of higher education have marginalized peripheral languages such as Arabic. The authors demonstrate, on the one hand, that this marginalization is not necessarily structurally inevitable but indicates dependency by choice, and, on the other hand, how globalization has reinforced the English language hegemony. This article uses the results of a questionnaire survey about the use of references in PhD and Master’s theses. The survey, which was answered by 165 persons, targeted those who hold a Master’s or PhD degree from any university in the Arab world or who have dealt with a topic related to the Arab world, no matter in which discipline.


2015 ◽  
pp. 1443-1465
Author(s):  
Carlos Nunes Silva

This chapter explores trends in the development of e-governance in Africa, issues, challenges, opportunities, and innovative practices, as well as the impacts that such process is likely to have in the progress of Urban e-Planning in the continent, namely in the five Lusophone African countries: Angola, Cape Verde, Guinea-Bissau, Mozambique, and Sao Tome and Principe. The first part is focused on e-governance development in Africa. The second section deals with the case of the Lusophone African countries. The level of Urban e-Planning development in African cities is in general far behind cities in developed countries. Besides sharing a common colonial history, administrative tradition, and official language, these five African countries have in common similar urban planning cultures. Despite the overall negative picture of e-governance development in Africa that emerges from this overview and the huge barriers it is confronted with, there are signs that it is possible to have a rapid and sustained progress in the field of Urban e-Planning in the near future.


2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Simple Futarmal Kothari ◽  
Rigmor Hølland Jensen ◽  
Timothy J Steiner

Abstract Background Headache disorders are disabling and have a significant impact on productivity. The relationship between these two consequences is of considerable economic and political interest. We enquired into it through a systematic search of the English-language literature. Methods We followed PRISMA guidelines in specifying search terms and syntax and in article selection. We used the term “disability” in the search, accepting any meaning that authors attached to it, but this proved problematic. Accordingly, we adopted the definition used in the Global Burden of Disease study. In article selection, we included only those that purported to measure disability as so defined and lost productivity. We reviewed the full texts of those selected. We included further articles identified from review of the bibliographies of selected articles. Results The literature search found 598 studies, of which 21 warranted further review. Their bibliographies identified another four of possible relevance. On full-text reading of these 25, all were rejected. Ten applied incompatible definitions of disability and/or lost productivity. Two did not measure both. Four reported lost productivity but not disability. Eight studies reported and measured both but did not assess the association between them or provide the means of doing so. One was purely methodological. Conclusions The literature is silent on the relationship between headache-attributed disability and lost productivity. In view of its health economic and political importance, empirical studies are required to remedy this. A prerequisite is to clarify what is meant by “disability” in this context.


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