A Theory of the Executive Branch

Author(s):  
Margit Cohn

The executive branch in Western democracies has been handed a virtually impossible task. Expected to ‘imperially’ direct the life of the nation through thick and thin, it is concurrently required to be subservient to legislation meted out by a sovereign parliament. Drawing on a general argument from constitutional theory that prioritizes dispersal of power over concepts of hierarchy, the book argues that the tension between the political dominance of the executive branch and its submission to law is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of substantive limitation of power. Under this 'internal tension' model, the executive branch is concurrently subservient to law and dominant over it, while concepts of substantive legality are compromised. Drawing on legal and political science research, the book classifies and analyses thirteen forms of fuzziness, ranging from open-ended or semi-written constitutions to unapplied legislation. The study of this unavoidable yet problematic feature of the public sphere is addressed descriptively and normatively. Adding detailed examples from two fields of law, emergency and air-pollution law, in two systems (the UK and the US), the book ends with a call for raising the threshold of judicial review, grounded in theories of participatory and deliberative democracy. This innovative book, concerned with an area that has been surprisingly under-researched on a general level beyond extensive studies of national executives, offers a theoretical foundation that should ground all analyses of the arguably most powerful branch of modern government.

2008 ◽  
Vol 07 (03) ◽  
pp. A03 ◽  
Author(s):  
Mico Tatalovic

Science magazines have an important role in disseminating scientific knowledge into the public sphere and in discussing the broader scope affected by scientific research such as technology, ethics and politics. Student-run science magazines afford opportunities for future scientists, communicators, politicians and others to practice communicating science. The ability to translate ‘scientese’ into a jargon-free discussion is rarely easy: it requires practice, and student magazines may provide good practice ground for undergraduate and graduate science students wishing to improve their communication skills.


2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Lesley Klaff

I am pleased to publish an open-access online preprint of two articles and a research note that will appear in the forthcoming issue of the Journal of Contemporary Antisemitism 3, no. 2 (Fall 2020). This preprint is a new and exciting development for the Journal. It has been made possible by the generous donations from sponsors, including BICOM's co-chairman, David Cohen, whose support for the work of the Journal allows for timely scholarly analysis to be put into the public sphere.


This volume addresses the relationship between archaeologists and the dead, through the many dimensions of their relationships: in the field (through practical and legal issues), in the lab (through their analysis and interpretation), and in their written, visual and exhibitionary practice--disseminated to a variety of academic and public audiences. Written from a variety of perspectives, its authors address the experience, effect, ethical considerations, and cultural politics of working with mortuary archaeology. Whilst some papers reflect institutional or organizational approaches, others are more personal in their view: creating exciting and frank insights into contemporary issues that have hitherto often remained "unspoken" among the discipline. Reframing funerary archaeologists as "death-workers" of a kind, the contributors reflect on their own experience to provide both guidance and inspiration to future practitioners, arguing strongly that we have a central role to play in engaging the public with themes of mortality and commemoration, through the lens of the past. Spurred by the recent debates in the UK, papers from Scandinavia, Austria, Italy, the US, and the mid-Atlantic, frame these issues within a much wider international context that highlights the importance of cultural and historical context in which this work takes place.


Author(s):  
Simeon J. Yates ◽  
Jordana Blejmar

Two workshops were part of the final steps in the Economic and Social Research Council (ESRC) commissioned Ways of Being in a Digital Age project that is the basis for this Handbook. The ESRC project team coordinated one with the UK Defence Science and Technology Laboratory (ESRC-DSTL) Workshop, “The automation of future roles”; and one with the US National Science Foundation (ESRC-NSF) Workshop, “Changing work, changing lives in the new technological world.” Both workshops sought to explore the key future social science research questions arising for ever greater levels of automation, use of artificial intelligence, and the augmentation of human activity. Participants represented a wide range of disciplinary, professional, government, and nonprofit expertise. This chapter summarizes the separate and then integrated results. First, it summarizes the central social and economic context, the method and project context, and some basic definitional issues. It then identifies 11 priority areas needing further research work that emerged from the intense interactions, discussions, debates, clustering analyses, and integration activities during and after the two workshops. Throughout, it summarizes how subcategories of issues within each cluster relate to central issues (e.g., from users to global to methods) and levels of impacts (from wider social to community and organizational to individual experiences and understandings). Subsections briefly describe each of these 11 areas and their cross-cutting issues and levels. Finally, it provides a detailed Appendix of all the areas, subareas, and their specific questions.


2021 ◽  
Vol 19 (1) ◽  
Author(s):  
Kathleen Leslie ◽  
Jean Moore ◽  
Chris Robertson ◽  
Douglas Bilton ◽  
Kristine Hirschkorn ◽  
...  

Abstract Background Fundamentally, the goal of health professional regulatory regimes is to ensure the highest quality of care to the public. Part of that task is to control what health professionals do, or their scope of practice. Ideally, this involves the application of evidence-based professional standards of practice to the tasks for which health professional have received training. There are different jurisdictional approaches to achieving these goals. Methods Using a comparative case study approach and similar systems policy analysis design, we present and discuss four different regulatory approaches from the US, Canada, Australia and the UK. For each case, we highlight the jurisdictional differences in how these countries regulate health professional scopes of practice in the interest of the public. Our comparative Strengths, Weaknesses, Opportunities, Threats (SWOT) analysis is based on archival research carried out by the authors wherein we describe the evolution of the institutional arrangements for form of regulatory approach, with specific reference to scope of practice. Results/conclusions Our comparative examination finds that the different regulatory approaches in these countries have emerged in response to similar challenges. In some cases, ‘tasks’ or ‘activities’ are the basis of regulation, whereas in other contexts protected ‘titles’ are regulated, and in some cases both. From our results and the jurisdiction-specific SWOT analyses, we have conceptualized a synthesized table of leading practices related to regulating scopes of practice mapped to specific regulatory principles. We discuss the implications for how these different approaches achieve positive outcomes for the public, but also for health professionals and the system more broadly in terms of workforce optimization.


1998 ◽  
Vol 57 (2) ◽  
pp. 374-390 ◽  
Author(s):  
WILLIAM BLAIR

Central banks have enormous sums of money in various forms of investments. When claims are made either against the banks themselves, or against other governmental bodies, issues arise as to whether these assets can be attached, and made available to satisfy judgments. The article explains how central banks are treated in English law. It explains the special provision made in respect of their assets under the State Immunity Act 1978. There is wide immunity from attachment, though questions can arise as to the ownership of such assets. The UK legislation is, in some respects, wider than its counterpart, the US Foreign Sovereign Immunities Act 1976. Recent case law is described in which the English courts have recognised that the public responsibilities of central banks have to be taken account of when determining the extent of their liability to attachment.


2018 ◽  
Vol 7 (2) ◽  
pp. 167-189 ◽  
Author(s):  
Shereen Fernandez

AbstractThe Prevent Duty is part of the UK’s counter-extremism strategy, which aims to prevent individuals from becoming involved in ‘extremism’ and ‘radicalisation’. As a pre-crime measure, the duty is now enforced in public institutions in the UK, from schools to healthcare provisions, and relies on frontline staff to monitor and report on ‘signs’ of extremism and radicalisation. The discussion around Prevent has focused on its implementation and impacts in the public sphere, notably in schools. However, this article aims to disrupt the imagined boundaries of the Prevent Duty and demonstrate how, as a result of this policy, the home—primarily the Muslim home—is treated as a pre-crime space, thus broadening the reach of counter-extremism measures into the private sphere.


2020 ◽  
pp. 217-230
Author(s):  
Philip Garnett ◽  
Sarah M. Hughes

In this chapter, Garnett and Hughes focus on the role of big data in accessing information from public inquiries. Looking at the Chelsea Manning court martial in the US and the Leveson Inquiry in the UK, they argue that the manner in which information pertaining to inquiries is made public is, at best, unsatisfactory. They propose a variety of means to make this information more accessible and hence more transparent to the public through employing big data techniques.


2019 ◽  
Vol 2 (4) ◽  
pp. 255-275
Author(s):  
Yiqin Ruan ◽  
Jing Yang ◽  
Jianbin Jin

Biotechnology, as an emerging technology, has drawn much attention from the public and elicited hot debates in countries around the world and among various stakeholders. Due to the public's limited access to front-line scientific information and scientists, as well as the difficulty of processing complex scientific knowledge, the media have become one of the most important channels for the public to get news about scientific issues such as genetically modified organisms (GMOs). According to framing theory, how the media portray GMO issues may influence audiences’ perceptions of those issues. Moreover, different countries and societies have various GMO regulations, policies and public opinion, which also affect the way media cover GMO issues. Thus, it is necessary to investigate how GMO issues are covered in different media outlets across different countries. We conducted a comparative content analysis of media coverage of GMO issues in China, the US and the UK. One mainstream news portal in each of the three countries was chosen ( People's Daily for China, The New York Times for the US, and The Guardian for the UK). We collected coverage over eight years, from 2008 to 2015, which yielded 749 pieces of news in total. We examined the sentiments expressed and the generic frames used in coverage of GMO issues. We found that the factual, human interest, conflict and regulation frames were the most common frames used on the three portals, while the sentiments expressed under those frames varied across the media outlets, indicating differences in the state of GMO development, promotion and regulation among the three countries.


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