Constitutional Dissonance and the Rule of Law in the Turks and Caicos Islands

Author(s):  
Peter Clegg ◽  
Derek O’Brien

The Turks and Caicos Islands, a British Overseas Territory, has witnessed a decade of constitutional and political upheaval; the consequences of which are still being felt. The locally elected government took advantage of its relative constitutional freedom to abuse its position and brought governance in the territory to almost beyond breaking point. The investigations that followed shone a bright light on how the local government operated, the checks and balances that were (or were not) in place, and the role of the British government, which is meant to uphold good governance in the territories. The chapter provides a detailed assessment of the constitutional, legal, and political issues and arguments that were used as the British government tried to correct the deep-seated structural weaknesses present in the TCI, and prosecute individual cases of venality that were uncovered. This case study is important in highlighting how tenuous constitutionality, democracy, and legality can be in small territories.

2019 ◽  
Vol 4 (1) ◽  
pp. 6-30
Author(s):  
Beatriz Nunes Diógenes ◽  
Diane Espíndola

RESUMO:O objetivo deste artigo foi refletir sobre o atual papel do Poder Judiciário como porta-voz do texto constitucional e ator político em constante relação conflituosa com o legislativo. Discutiu-se sobre o ativismo judicial e a atuação do Supremo Tribunal Federal como legislador moral (superego da sociedade), a ideia do juiz herói e seus desdobramentos democráticos, principalmente quanto ao sistema de freios e contrapesos. Observou-se a existência de um movimento de hiperjudicialização de questões éticas e políticas, que acarreta o desequilíbrio da dinâmica institucional do modelo democrático. Conclui-se que a atuação do Poder Judiciário não deve ser marcada pelo decisionismo disfarçado de ordem de valores, nem tampouco deve atuar como legislador moral e nem permitir a ausência de vinculação ao padrão normativo. Foi sugerido, para tanto, o aperfeiçoamento da dinâmica institucional brasileira através da interação permanente entre o judiciário e o legislativo, em busca da formação de uma teoria normativa da separação de poderes que promova um debate qualitativo consubstanciado na razão pública, que resguarde direitos e tonifique a dimensão deliberativa do modelo político em vigor. Utilizou-se, para tal reflexão, do método de pesquisa bibliográfico.ABSTRACT:The purpose of this article was to reflect on the current role of the judiciary as a spokesperson for the constitutional text and political actor in constant conflicting relationship with the legislative. It was discussed about judicial activism and the performance of the Supreme Court as moral legislator (society’s superego), the idea of the judge hero and its democratic repercussions, especially regarding the system of checks and balances. The existence of a movement of hyperjudicialization of ethical and political issues was observed, which causes the imbalance of the institutional dynamics of the democratic model. It is concluded that the performance of the judiciary should not be marked by decisionism disguised as an order of values, nor should it act as a moral legislator or allow the absence of binding to the normative standard. To this end, it was suggested that the Brazilian institutional dynamics be improved through the permanent interaction between the judiciary and the legislature, seeking the formation of a normative theory of the separation of powers that promotes a qualitative debate embodied in public reason that safeguards rights and tones the deliberative dimension of the current political model. For such reflection, the bibliographic research method was used 


2016 ◽  
Vol 4 (3) ◽  
pp. 410 ◽  
Author(s):  
James Ojok ◽  
Benon C. Basheka

The general objective of the study was to examine effectiveness of the role of public sector monitoring and evaluation in promoting good governance in Uganda, with a focus on Ministry of Local Government. Specifically, the study sought to: examine out how effective role of M&E accountability, M&E Management Decision, M&E Organisational learning in promoting good governance and draw lessons from practice, and provide a recommendation to better inform the implementation strategy of M&E in the Ministry of Local Government. A case study design was used and both qualitative and quantitative data collection techniques were employed. The respondents comprised of staff of the Ministry of Local Government and Office of the Prime Minister. Quantitative data was analysed using correlation and percentages while qualitative data was analysed using content analysis. The study revealed that M&E accountability, M&E management decision and M&E organisation learning had significant role in promoting good governance in the Ministry of Local Government. It was therefore concluded that M&E enhanced accountability, management decision and organisation learning and promoted good governance. The study recommended that M&E should not only be tied to nominal compliance but should support evidence-based decision making. M&E should be properly institutionalised, funded and located so as to mediate policy process, planning and service delivery.


Author(s):  
Jeff Hughes

In October 1934, several Fellows of the Royal Society submitted a petition critical of the oligarchic nature of the Society's Council and the power wielded by a small elite in the Society's activities. The ‘Royal Society Reform Group’ also voiced concern over the Society's neglect of the increasingly pressing public issue of the ‘social responsibility of science’, and fundamentally questioned the role of the Royal Society as a representative body for science. Against a background of national economic crisis and political upheaval, the reformers sought to ensure that the Royal Society should act as an authoritative public voice for scientists rather than for establishment science. In so doing they raised profound political issues concerning the relationships between the Society, working scientists, other scientific institutions and the wider polity. The Reform Group's campaign culminated in the first contested Council election in living memory in November 1935, when more than half of the Fellowship attended in person to vote. In this paper I explore the activities and changing public role of the Royal Society in the inter-war years, the reformers' campaign, the Royal Society's response and the outcomes of this ‘Revolt in the Royal Society’.


2019 ◽  
Vol 6 (1) ◽  
pp. 34
Author(s):  
Osunyikanmi Pius Olakunle

<em>Issues relating to good governance and development have been pushed to the forefront of world affairs, largely because of the wave of the democracy movement now blowing soothingly across the whole length and breadth of the international community. Good governance and development are dividends of democracy that are of great interest to the democratic family. The paper attempts to critically examine the intimate relationship between good governance and development with particular reference to Nigeria as a case study. Abundant literature on the subject matter reveals that democracy and good governance provide an enabling environment for development to take place, and that the role of political leadership in realizing all of this is critical. It is recommended, among other things, that (1) the intellectual class should be involved in the country’s development plan; (2) there is the urgent need to create a virile but flexible work force that can initiate and execute development plans; and (3) efforts must be made to embark on capacity building of all the institutions of governance so that they can perform their roles optimally for the benefit of the country.</em>


2017 ◽  
Vol 21 ◽  
pp. 1-14
Author(s):  
Maszlee Malik

‘Good governance’ agenda promoted by international institutions and other aid agencies as part of the globalisation phenomenon, proposes amongst others, the active role of a civil society as part of the process towards development. The effective functioning of a civil society is believed to facilitate the achievement of ‘good’ governance. Currently, the dynamism of global civil society movements has shifted to a new dimension to incorporate culture and faiths into the discourse on development, economy, politics and governance in a more progressive approach. Faith and religion, in tandem, have been identified empirically as another motivator for the civil society activism, hence, its distinctive role in development and good governance. Such phenomenon has been addressed in the many circles of academia. This paper will try to explore the role of faith in mobilizing civil society towards the achievement of what is known as ‘good governance’ in Malaysia by looking into Pertubuhan Jamaah Islah Malaysia (JIM) as its case study.


Author(s):  
Mercedes Vilanova

This article focuses on case studies in oral history with the backdrop of democracy and lessons learnt form illiterates. The “discovery” of illiteracy and its defining characteristics should be a main focus of oral history. The difficulties in reaching illiterates, the communication problems, and their frequent silences, especially in societies that have suffered civil wars and harsh political repression, challenge historians. The experience of interviewing them allows us to measure the degree to which the historian is anchored in the literate culture and complicit in the power of writing. This case study presents some results, a comparison between the samples, and the theoretical challenges about the role of democracy and illiteracy in situations of social and political upheaval. The research centers on proving that illiterates are not disruptive and that they show a moderate response. As a conclusion, future research is presented in the form of four conjectures which winds up this article.


2021 ◽  
Vol 11 (3) ◽  
pp. 1-18
Author(s):  
Deepti Chandra

Learning outcomes The following are the learning objectives of the case study: to address the problem of urban food insecurity. To facilitate the generation of more employment opportunities and women empowerment through self-help groups (SHGs). To understand the transition from the founder to new leadership provided by Ms J Jayalalithaa. To understand consumer perception and preferences for “Amma canteens”. To appreciate how the case study has added to the historical role of soup kitchens. To address the challenges faced by the government on the sustainability and viability of “Amma canteens” post the death of its founder Ms Jayalalithaa. Case overview/synopsis “Amma Unavagam” is a food subsidisation programme operated by the State Government of Tamil Nadu in India. Under the scheme, municipal corporations of the state are required to run canteens that serve subsidised food. The canteens were first launched by the then Chief Minister of the state Ms Jayalalithaa, who was widely acknowledged as “Amma”. These low-cost canteens will be announced as part of government schemes aimed to support economically disadvantaged sections of society. The scheme had been able to generate employment for thousands of women. However, the success of the scheme lies in the low prices and the cooperative management of all the outlets by the SHGs. The SHGs have been able to run the canteens based on self-governing norms, mutual reciprocity and shared responsibilities. This case study evaluates the role of state-sponsored mechanisms to ensure food security, alleviate food inflation and empower more women in the workforce. Yet, several concerns continue to remain unaddressed. Considering the huge amount of subsidy provided by the state government, the sustainability and economic viability of the scheme are uncertain. Complexity academic level This case study can be used for management students studying the basics of management such as teamwork, motivation, leadership and good governance. They may also study government policies and community intervention programmes for the benefit of society. The present case study will help the students to analyse the concept of women empowerment and social inclusion. The students, before discussing the case, may study and read the socio-economic theory of “community engagement and participation”, the “self-help model” and the related “theory of reasoned action/planned behaviour”. Supplementary materials Teaching notes are available for educators only. Subject code CSS 6: Human resource management.


2018 ◽  
Vol 9 (7) ◽  
pp. 566-583
Author(s):  
Edgar Bellow ◽  
◽  
Lotfi Hamzi ◽  
Huai Yuan Han

Using a sustainable world orientation, this paper will examine the role of virtue ethics models (VE) in today’s globalized business environment in contrast to corporate responsibility models (CSR) of ethics. Examined through the lens of a qualitative case study framework using the coffee industry, the paper assesses and compares recent efforts to use VE and CSR models of social engagement and corporate sustainability, and vet their effects. Findings in terms of each firm’s sustainability, social weal, and good governance, as defined by the CSR and VE literature, are compared. Findings indicate that a VE approach to business ethics is one that will prove superior to CSR over the long term, but that it may be difficult for firms to interpret how to create best practices that will allow for a VE approach to sustainability to create the foundation for good governance. VE standards should be applied to a company’s employees and supply chain partners as well as leadership at the firm, because there must be an integration of ethics and leadership with practices and processes in each organization.


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