Governance

2009 ◽  
Author(s):  
David W. Orr
Keyword(s):  
Constitutional Law ◽  
Critical Examination ◽  
Bill Of Rights ◽  
Future Prospects ◽  
Checks And Balances ◽  
Robber Baron ◽  
The Government ◽  
Economic Necessity ◽  
The U.S

The u.s. constitution and the bill of rights were drafted in an agrarian era by a small group of men as collectively brilliant as any in history. The government they created was designed with checks and balances and divided authority in order to prevent executive tyranny, sometimes override popular majorities, and avoid quick action on virtually anything. From its agrarian origins it has grown incrementally ever since in response to particular issues, economic necessity, and above all war, but not as a result of much planning, foresight, or effort to create a coherent political architecture. Nonetheless, the framework they created has survived and even thrived through sectional rivalry and the Civil War, the excesses of the Robber Baron era, two world wars, and the rise and fall of fascism and communism. The Constitution, for some, is a scripture hence beyond reform. Historian Charles Beard, less reverential, once argued that it was written to protect private wealth, especially that of the founders. That may not have been as true as Beard assumed for the founders, but it is clear that “By the middle of the nineteenth century the legal system had been reshaped to the advantage of men of commerce and industry at the expense of farmers, workers, consumers, and other less powerful groups within the society” (Horwitz, 1977, pp. 253–254). More recently, political scientists Robert Dahl, Sanford Levinson, Daniel Lazare, and Larry Sabato have questioned the inclusiveness of the Constitution as well as its effectiveness and future prospects. Dahl, for example, argues that undemocratic features were built into the Constitution because the founders “overestimated the dangers of popular majorities . . . and underestimated the strength of the developing democratic commitment among Americans” (Dahl, 2002, p. 39; Lazare, 1996, p. 46). While somewhat pessimistic about the prospects for greater democratization, he argues that “it is time—long past time—to invigorate and greatly widen the critical examination of the Constitution and its shortcomings” (pp. 154–156). Constitutional law expert Sanford Levinson agrees: “the Constitution is both insufficiently democratic . . . and sufficiently dysfunctional, in terms of the quality of government that we receive . . . [that] we should no longer express our blind devotion to it” (Levinson, 2006, p. 9).

The Muddled Distinction Between De Jure and De Facto Segregation

2020 ◽  
Author(s):  
Elise C. Boddie
Keyword(s):  
Public Schools ◽  
School Districts ◽  
Constitutional Law ◽  
Federal Courts ◽  
Community Schools ◽  
Jefferson County ◽  
Legal Narratives ◽  
De Jure Segregation ◽  
The Government ◽  
The U.S

In 2007, the U.S. Supreme Court in Parents Involved in Community Schools v. Seattle School District No. 1 declared unconstitutional voluntary, race-based plans to integrate public schools in Jefferson County, Kentucky and Seattle, Washington. The decisionrested on a critical distinction in constitutional law between “de jure” segregation—resulting from purposeful discrimination by the government—and “de facto” racial imbalance derived from unintentional or “fortuitous” actions by state and private entities. The Court held that de facto school districts could not voluntarily assign students to schools according to their race for purposes of promoting integration. In a vigorous dissent, Justice Breyer argued the “futility” of the de jure–de facto distinction, contending that both districts should have been afforded the constitutional flexibility to pursue voluntary remedies that address racial imbalance in their schools. This chapter takes up Justice Breyer’s dissent to explore the complicated origins of school segregation outside the South and the federal cases that adjudicated its constitutionality. Its central contribution is to recover the often confusing legal narratives about segregation in the period after Brown and how federal courts struggled to discern the constitutional boundaries between de jure and de facto discrimination. The chapter briefly describes the constitutional turns that facilitated the Court’s decision in Parents Involved, including the advent of the intent requirement in equal protection and “colorblindness” doctrine, which treats any use of race as presumptively unconstitutional, regardless of its integrative purpose.

Problems and Development Prospects of Public-Private Entrepreneurship

2020 ◽  
Vol 26 (9) ◽  
pp. 993-1004
Author(s):  
O. V. Burgonov ◽  
A. V. Semenov
Keyword(s):  
Economic Growth ◽  
Public Private Partnerships ◽  
Critical Examination ◽  
Social Sphere ◽  
The Social ◽  
The World ◽  
Private Entrepreneurship ◽  
Business Structures ◽  
The Government

The presented study addresses the problems of interaction between the public (government) and private sectors in the process of social reproduction. Evolution of the mechanism, models, and forms of public-private entrepreneurship has led to the widespread use of public-private partnerships (PPP) based on the utilization of innovation and investment resources of the business to solve economic and social problems. Economic restructuring spurred by digitalization, the pandemic, the shifting balance of power in the world, departure from unilateralism, financialization of economies, and globalization of economic crises decrease the productivity of traditional economic regulation measures taken by the government. Thus, it becomes obvious that further development of public-private partnerships requires enhanced public monitoring using cloud-based information systems, together with updated legislation in this area and new management personnel. The government should encourage innovations in the development of public-private entrepreneurship forms and facilitate interaction with business structures in the context of national and local budget deficit. These measures will help to improve the rate and quality of economic growth in Russia and transition to the sixth wave of innovation. Aim. The study aims to show the genesis and mechanism of interaction between public authorities and business structures and its role in economic development; analyze major forms of public-private entrepreneurship; identify problems and propose recommendations for improving government-business interaction within the framework of public-private partnerships in the context of slower economic growth and the government’s limited ability to implement large-scale investment projects, including in the social sphere. Tasks. The authors analyze the development of public-private entrepreneurship in Russia and across the world, highlighting the features and models of such interaction; examine the legislative features and mechanisms of public-private entrepreneurship; identify problems and opportunities for the successful implementation of government-business interaction in the investment sphere of the Russian Federation. Methods. This study is based on the historical and logical approach, systems analysis, critical examination of scientific literature in relation to the adopted legislation, elements of complex analysis, modeling of interaction processes between public institutions and business structures. Results. The authors prove that by enhancing the interaction between business structures and the government through the development of public-private partnerships in the creation and operation of infrastructure, information technologies, and the social sphere, it will be possible to increase the rate of economic growth, to reduce the burden on the national budget in the context of economic stagnation and recession, and to secure the government’s obligations in the social sphere. The proposed recommendations for improving public-private entrepreneurship include improving the quality of the legal framework regulating the type of partnership, improving its information infrastructure, having a targeted strategy and tactics for the development of public-private entrepreneurship at the national, regional, and municipal level, as well as developing managerial competencies in the field of public-private entrepreneurship process management. Conclusions. The study substantiates the need to form and train efficient project teams, whose tasks should include competent support of a PPP project at all stages, from concept definition to implementation, and using the infrastructure mortgage principle and public control in public-private partnership.

Japan

2021 ◽  
pp. 115-132
Author(s):  
Steven Gow Calabresi
Keyword(s):  
World War Ii ◽  
Supreme Court ◽  
Judicial Review ◽  
Separation Of Powers ◽  
The Political ◽  
Bill Of Rights ◽  
Checks And Balances ◽  
Rubber Stamp ◽  
The Supreme Court ◽  
The Government

This chapter looks at the Japanese experience with judicial review. The Supreme Court of Japan does not enforce those parts of the Japanese Constitution, like Article 9, which prohibits war making; Article 21, which protects freedom of speech; or Article 89, which forbids taxpayer money from being used to hire Shinto priests. The Supreme Court of Japan thus refuses to enforce important articles in the Constitution of Japan. It does rubber stamp and thus legitimize actions taken by the political branches of the government. Why has judicial review of the constitutionality of legislation failed to take root in Japan? Japan does not need either a federal or a separation of powers umpire, since Japan is, firstly, a unitary nation-state with no need for a federalism umpire; and, secondly, a parliamentary democracy with a weak upper house of the legislature. Moreover, Japan has never atoned for the wrongs it committed during World War II nor has it truly admitted to even having done the horrible things that Japan did. A nation cannot get rights from wrongs judicial review and a Bill of Rights unless it admits it has done something wrong. Finally, the Japanese Constitution contains an inadequate system of checks and balances. As a result, the Supreme Court of Japan may not have the political space within which it can assert power.

Judicial Review in Britain

1994 ◽  
Vol 26 (4) ◽  
pp. 421-442 ◽  
Author(s):  
SUSAN STERETT
Keyword(s):  
Local Government ◽  
Judicial Review ◽  
Constitutional Law ◽  
Bill Of Rights ◽  
Statutory Interpretation ◽  
Government Programs ◽  
Legal Rules ◽  
The Government ◽  
Limiting Case

Britain does not have a written constitution, which provides for a common assessment that it has no constitutional law. However, it actually instead provides a limiting case for considering the influence of courts and law in governance. For the courts have been involved in modifying both central and local government programs through statutory interpretation. The modifications that the courts have brought about have meant that the government has to take legal rules and courts into account in designing programs. The current limits on what the courts do have been part of the provocation for a movement in favor of a bill of rights in Britain.

Critical Examination of the Implications of Youth Unemployment in Zimbabwe

2019 ◽  
pp. 148-175
Author(s):  
Tawanda Zinyama
Keyword(s):  
Youth Unemployment ◽  
Material Point ◽  
Point Of View ◽  
Critical Examination ◽  
National Human ◽  
Production Increase ◽  
The Government ◽  
And Training ◽  
Lower Production

The chapter examines youth unemployment and its dimensions and characteristics in relation to overall unemployment. Youth unemployment has become increasingly recognized as one of the more serious social problems confronting Africa. There are many reasons why the government of Zimbabwe and society feel increasingly concerned about this problem. At the human level, failure to secure satisfactory employment upon completion of schooling and training can cause intense frustration, despair and alienation. It may also be associated with such social ills as drunkenness, drug-taking, violence, robbery and prostitution. From a material point of view, youth unemployment represents a tragic waste of skills and talents, resulting in lower production, increase in dependency burden on the rest of the society, and in the longer run, a gradual deterioration in the quality of national human resources. The potential consequences of high levels of youth unemployment at personal, social and national levels are thus serious and warrant sustained efforts to find solutions to these problems.

On Judicial Review in a Separation of Powers System

2015 ◽  
Vol 3 (3) ◽  
pp. 473-492 ◽  
Author(s):  
Tiberiu Dragu ◽  
Oliver Board
Keyword(s):  
Judicial Review ◽  
Policy Making ◽  
Separation Of Powers ◽  
Checks And Balances ◽  
Governmental Policy ◽  
Proper Role ◽  
Policy Making Process ◽  
Legal Accountability ◽  
The Government

The institution of judicial review is an important mechanism of holding the government legally accountable, nevertheless questions remain about its proper role in a separation of powers system. This article analyzes the effect of judicial review on the policy-making process from an expertise perspective. It shows that the exercise of non-expert judicial review can induce more informed policies and that non-expert courts have incentives to exercise judicial review in a manner consistent with institutional concerns for expertise. In addition to its importance as a mechanism of legal accountability, our analysis underscores another virtue of judicial review: legal review of governmental policy by non-expert courts can improve the amount of information available for policy making. The article contributes to a literature on the scope and legitimacy of judicial review and has broader implications for understanding the effect of institutional checks and balances on the quality of policy making.

Bill of Rights

2020 ◽  
pp. 37-66
Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer
Keyword(s):  
Bill Of Rights ◽  
Role Of Government ◽  
Declaration Of Independence ◽  
The People ◽  
The Government ◽  
Popular Consent ◽  
The U.S

This chapter examines Article II of the Oklahoma constitution. Compared with other states in existence when Oklahoma’s constitution was written, Oklahoma’s contained a moderate list of rights. With few exceptions, these rights are similar, if not identical, to those found in the U.S. Constitution. The first two sections are theoretical statements concerning the role of government. These express ideas similar to those found in the Declaration of Independence. Indeed, Sections 1 and 2 explicitly recognize that the government is founded on popular consent and may be changed when the people consent to such changes. Among the “rights” not in the U.S. Constitution are: prohibition of imprisonment for debt; indictment by information; procedures for punishing for contempt; and regulations concerning the availability of corporate records to public inspection.

Strategi Penyelenggaraan Diklat Dan Ujian Sertifikasi Keahlian Pengadaan Barang/ Jasa Pemerintah Di Lingkungan Pemerintah Kabupaten Magelang

2017 ◽  
Vol 24 (1) ◽  
pp. 87-106
Author(s):  
Wiharyanto Wiharyanto
Keyword(s):  
Education And Training ◽  
Test System ◽  
Civil Servants ◽  
Quality Of Education ◽  
Alternative Formulation ◽  
Computer Assisted ◽  
Certification Exams ◽  
The Government ◽  
And Training

The study aims to analyze about the low graduation and certification exam training participants of the procurement of goods / services of the government and its contributing factors, and formulate a strategy of education and training and skills certification exams procurement of goods / services of the government. Collecting data using the method of study documentation, interviews, and questionnaires. Is the official source of information on the structural and functional Regional Employment Board, as well as the participants of the training and skills certification exams procurement of goods / services of the government in Magelang regency government environment. Analysis using 4 quadrant SWOT analysis, to determine the issue or strategic factors in improving the quality of education and training and skills certification exams procurement of government goods / services within the Government of Magelang regency. The results show organizer position is in quadrant I, which is supporting the growth strategy, with 3 alternative formulation strategies that improve the quality of education and training and skills certification exams procurement of government goods / services, and conducts certification examination of the procurement of government goods / services with computer assisted test system (CAT). Based on the research recommendations formulated advice to the organizing committee, namely: of prospective participants of the training and skills certification exams procurement of goods / services the government should consider the motivation of civil servants, is examinees who have attended training in the same period of the year, the need for simulation procurement of goods / services significantly, an additional allocation of training time, giving sanction to civil servants who have not passed the exam, the provision of adequate classroom space with the number of participants of each class are proportional, as well as explore the evaluation of education and training and skills certification exams procurement of goods / services for Government of participants.

Covid-19 Pandemic And Sustainabilitystudy At Madrasah Ibtidaiyyahpsm Sulursewu, Teguhan, Ngawi, East Java

2020 ◽  
Vol 1 (02) ◽  
pp. 103-114
Author(s):  
Moh. Toriqul Chaer ◽  
Muhammad Atabiqul As'ad ◽  
Qusnul Khorimah ◽  
Erik Sujarwanto
Keyword(s):  
Online Learning ◽  
Learning Strategies ◽  
Psychological Impact ◽  
Educational Institutions ◽  
Participatory Action ◽  
Social Phenomena ◽  
Learning Programs ◽  
Teachers And Students ◽  
The Government

The continuity of learning programs during the COVID-19 pandemic found educational institutions, especially Madrasah Ibtidaiyyah (MI) temporarily closed the learning process in schools. To prevent the spread of COVID-19 that is currently engulfing Indonesia. Lack of preparation, readiness and learning strategies have a psychological impact on teachers and students. Declining quality of skills, lack of supporting facilities and infrastructure. Learning from home (online) is an effort by the government program to ensure the continuity of learning in the pandemic period. The research method uses participatory action research (PAR), which focuses on understanding social phenomena that occur in the community and mentoring efforts on the problems faced. The assistance effort is to help the children of MI Sulursewu, Ngawi in participating in online learning related to; 1). Preparation of activities, 2). Counselling participants offline method, 3). Offline activities method. Results of the study show that the mentoring activities following the target of achievement; first, the activity can be carried out following the schedule that has been set. Second, students are always on time for the online learning hours that have been set. Offline methods show that efforts can help ease the burden on parents, but can also make it easier for students to receive subject matter.  

Klasifikasi Tahap Kematangan Pisang Ambon Berdasarkan Warna Menggunakan Naive Bayes

2018 ◽  
Vol 5 (2) ◽  
pp. 60-67 ◽  
Author(s):  
Dwi Yulianto ◽  
Retno Nugroho Whidhiasih ◽  
Maimunah Maimunah
Keyword(s):  
Naive Bayes ◽  
Fruit Production ◽  
Naïve Bayes ◽  
Primary Data ◽  
Banana Fruit ◽  
Bayes Method ◽  
Classification Image ◽  
Average Accuracy ◽  
The Government

ABSTRACT   Banana fruit is a commodity that contributes a great value to both national and international fruit production achievement. The government through the National Standardization Agency establishes standards to maintain the quality of bananas. The purpose of this Project is to classify the stages of maturity of Ambon banana base on the color index using Naïve Bayes method in accordance with the regulations of SNI 7422:2009. Naive Bayes is used as a method in the classification process by comparing the probability values generated from the variable value of each model to determine the stage of Ambon banana maturity. The data used is the primary data image of 105 pieces of Ambon banana. By using 3 models which consists of different variables obtained the same greatest average accuracy by using the 2nd model which has 9 variable values (r, g, b, v, * a, * b, entropy, energy, and homogeneity) and the 3rd model has 7 variable values (r, g, b, v , * a, entropy and homogeneity) that is 90.48%.   Keywords: banana maturity, classification, image processing     ABSTRAK   Buah pisang merupakan komoditas yang memberikan kontribusi besar terhadap angka produksi buah nasional maupun internasional. Pemerintah melalui Badan Standarisasi Nasional menetapkan standar untuk buah pisang, menjaga mutu  buah pisang. Tujuan dari penelitian ini adalah klasifikasi tahapan kematangan dari buah pisang ambon berdasarkan indeks warna menggunakan metode Naïve Bayes  sesuai dengan SNI 7422:2009. Naive bayes digunakan sebagai metode dalam proses pengklasifikasian dengan cara membandingkan nilai probabilitas yang dihasilkan dari nilai variabel penduga setiap model untuk menentukan tahap kematangan pisang ambon. Data yang digunakan adalah data primer citra pisang ambon sebanyak 105. Dengan menggunakan 3 buah model yang terdiri dari variabel penduga yang berbeda didapatkan akurasi rata-rata terbesar yang sama yaitu dengan menggunakan model ke-2 yang mempunyai 9 nilai variabel (r, g, b, v, *a, *b, entropi, energi, dan homogenitas) dan model ke-3 yang mempunyai 7 nilai variabel (r, g, b, v, *a, entropi dan homogenitas) yaitu sebesar 90.48%.   Kata Kunci : kematangan pisang,  klasifikasi, pengolahan citra

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