The Individual and Administrative Justice

2021 ◽  
Author(s):  
Naomi Creutzfeldt
Keyword(s):  
Decision Making ◽  
Justice System ◽  
Service Users ◽  
Perceptions Of Fairness ◽  
Decision Making Processes ◽  
The Subject ◽  
Individual Justice ◽  
The Individual ◽  
Individual Service ◽  
Administrative Justice

This chapter discusses what individual justice means in the realm of administrative justice. The standards of justice and fairness that apply in administrative decision-making need consideration from the perspective of the service user. Should the administrative justice system serve the citizen or the state? What role do individual service users have in the design, use, and evaluation of more bureaucratic systems of redress? Different notions of justice, as they relate to primary decision-making processes, have been described through various models. This chapter provides a set of tools with which to study the subject and argues for the importance of user voice and perceptions of fairness in the provision of a more citizen-focussed justice.

scholarly journals Initial views from the Digital Panopticon: Reconstructing Penal Outcomes in the 1790s

2016 ◽  
Vol 34 (4) ◽  
pp. 893-928 ◽  
Author(s):  
Richard Ward ◽  
Lucy Williams
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Decision Makers ◽  
Historical Study ◽  
Judicial Process ◽  
The Subject ◽  
The Individual ◽  
Methodological Difficulties

The criminal justice system of eighteenth- and nineteenth-century England has been likened to a corridor of connected rooms or stage sets. At each stage in the judicial process—from detection and apprehension through to trial, sentencing, and punishment—decisions were made that might remove the accused from the system entirely, or propel that person further along the process into a number of possible outcomes. That decision making (including the identity of the decision makers and the criteria upon which their decisions were based) has been the subject of much historical study. Less attention has been given to the individual experiences—the singular journeys—of the accused through this labyrinthine process. This is in large part because of the inherent evidential and methodological difficulties of reconstructing judicial pathways and the wider criminal lives of offenders. As Tim Hitchcock and Robert Shoemaker note, the archives of criminal justice were created to manage the bureaucracy of prosecution and punishment, not to reveal the criminal's navigation of that system. Tracing an individual offender's journey through the judicial process (and that person's life beyond) therefore entails piecing together fragments spread almost randomly across hundreds of thousands of pages.

18. Administrative Justice: Tribunals and Ombuds

Public Law ◽  
2019 ◽  
pp. 558-611
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
Decision Making ◽  
Justice System ◽  
Court System ◽  
Initial Decision ◽  
Administrative Justice ◽  
Public Bodies

This chapter considers the main ways in which disputes between individuals and public bodies are resolved outside the court system in what is widely referred to as the landscape of ‘administrative justice’. The discussions cover initial decision-making; accessing the administrative justice ‘system’; and the two pillars of administrative justice—tribunals and ombuds.

scholarly journals Club Diplomacy in the Arctic

2019 ◽  
Vol 25 (2) ◽  
pp. 304-326
Author(s):  
Danita Catherine Burke
Keyword(s):  
Decision Making ◽  
International Politics ◽  
The Arctic ◽  
Illustrative Case ◽  
Arctic Council ◽  
Club Membership ◽  
Decision Making Processes ◽  
The Subject ◽  
Illustrative Case Study

Abstract The Arctic Council is frequently called a unique forum but, as this article argues, clubs are common in international politics and in many respects the Arctic Council is a club. This article explores the questions: Why are the Arctic states acting like a club in Arctic politics, and how do internal hierarchies influence how clubs make decisions? As the article illustrates, clubs are the stage for club diplomacy and, in club diplomacy, hierarchies play an important role. Using the Arctic Council as an illustrative case study, this article argues that clubs have internal hierarchies that inform their decision-making processes and their responses to challenges to their status. When clubs try to deal with subjects that extend beyond the boundaries of the sovereignty of club members and the parameters of club membership, club members may suffer from a lack of status and legitimacy to unilaterally deal with the subject.

Affective and Attitudinal Factors in Translation Processes1

Target ◽  
1996 ◽  
Vol 8 (2) ◽  
pp. 257-274 ◽  
Author(s):  
Johanna Laukkanen
Keyword(s):  
Decision Making ◽  
Think Aloud ◽  
Translation Research ◽  
Affective Dimension ◽  
Affective Factors ◽  
Attitudinal Factors ◽  
Decision Making Processes ◽  
The Subject ◽  
Process Oriented

Abstract The role of affective and attitudinal factors in translation has lately attracted increasing attention within process-oriented translation research. Think-aloud studies show that affective factors play an important part in the decision-making processes of translation. In the present TAP study the affective dimension of translation was researched via evaluative utterances produced by the subject.

scholarly journals Framing Prototypes

2014 ◽  
Vol 27 (2) ◽  
pp. 7-26
Author(s):  
Arthur Jobert ◽  
Claire Le Renard
Keyword(s):  
Decision Making ◽  
Electricity Generation ◽  
Turning Point ◽  
Innovation Process ◽  
Fast Breeder Reactor ◽  
Reactor Technology ◽  
Early Closure ◽  
Decision Making Processes ◽  
The Subject ◽  
Generation Technology

This paper considers a crucial moment in the innovation process: the shift from a research phase to an industrial phase. The empirical study examines the development in France of Fast Breeder Reactor technology (FBR), from the 1950s to the early closure of the Superphénix plant in 1997. A turning point occurred in the late 1960s, when several European countries judged that the FBR technology was a promising electricity generation technology that would soon be mature for commercialisation, in a context of technological nationalism and future energy scarcity. In this paper, we analyse how the framing of the resulting prototype as “industrial” entailed an impact on decisions during the three decades that the project lasted. Aiming at describing the project actors in action without judging their decision-making processes, we use the ‘framing’ concept preferably to other approaches such as ‘path dependency’. This concept choice is the subject of the discussion.

scholarly journals Polish return migrants. Analysis of selected decision-making processes

2020 ◽  
Vol 46 (4 (178)) ◽  
pp. 115-136
Author(s):  
Justyna Kijonka ◽  
Monika Żak
Keyword(s):  
Decision Making ◽  
European Union ◽  
Home Country ◽  
Labour Markets ◽  
The European Union ◽  
New Member States ◽  
Media Attention ◽  
Decision Making Processes ◽  
The Subject ◽  
Depth Interviews

The scale and size of post-accession migration of Poles, especially to the British Isles, was surprising not only for the Polish side. The countries that opened their labour markets for the citizens of the new member states also failed to predict such a massive inflow of Polish nationals. Returning to the home country, however, does not get as much media attention as emigrating. This type of migration was not the subject of such heated discussions and analyses as emigration. The objective of the article is to sociologically describe the re-emigrants and answer questions concerning the motives for emigrating and returning, as well as how the emigration decision is assessed in retrospect. The paper is based on in-depth interviews conducted with individuals who had emigrated from Poland following the enlargement of the European Union and decided to return to their home country after a few years. Importantly, in order to detect readaptation problems, the respondents were selected from amongst those remigrants who had already been living in Poland for one to three years. The article shall present the results of these studies and the classifications of emigration, returns and remigrants.

scholarly journals Nonprofit Board Membership and the Gender Gap

Tripodos ◽  
2020 ◽  
pp. 13-32
Author(s):  
Cathryn Cushner Edelstein
Keyword(s):  
Decision Making ◽  
Gender Gap ◽  
Assessment Tools ◽  
Leadership Positions ◽  
Theoretical Frameworks ◽  
Self Assessment ◽  
Decision Making Processes ◽  
The Subject ◽  
Board Decision Making ◽  
The Relationship

According to a study conducted by BoardSource and reported in, Leading with Intent: 2017 National Index of Nonprofit Board Practices (Board-Source, 2017), 72% of nonprofit CEO/Executive Director positions are held by females, while only 48% are Executive Board Members and 42% are Board Chairs. The discrepancy between the number of board positions held by women versus staff leadership positions has been the subject of many recent publications. Reviewing academic and industry literature, this paper explores the relationship between an allmale board’s choice of self-assessment tools and its decision-making processes related to creating a gender inclusive board. This paper provides additional insight by applying communication theoretical frameworks to analyze allmale board decision-making processes which ultimately affect recruitment outcomes.

scholarly journals BOSNIAN MODEL OF DEMOCRATIC AUTHORITY: CONDITION FOR STABILIZATION OF BOSNIA AND HERZEGOVINA?

2016 ◽  
Vol 6 (1) ◽  
pp. 64-69
Author(s):  
Dženeta Omerdić ◽  
Keyword(s):  
Decision Making ◽  
Bosnia And Herzegovina ◽  
State Government ◽  
State Level ◽  
Fundamental Rights ◽  
Decision Making Process ◽  
Democratic Authority ◽  
Decision Making Processes ◽  
Fundamental Rights And Freedoms ◽  
The Individual

The principle of non-discrimination in modern legal systems, both at national and at regional and global levels of government, is the primary prerequisite for the realization of all other (fundamental) rights and freedoms. The essence of this principle, which is, in fact, inextricably linked to the principle of equality in rights, is reflected in the requirement to ensure to all persons, without discrimination on any basis, the realization and enjoyment of the fundamental rights and freedoms that are guaranteed by provisions of the national constitutions, Laws and other legal acts. The functionality of the entire state government of Bosnia and Herzegovina is often hindered by the complex decision-making processes at all state levels which lead to obstruction of the entire decision-making process. Such a disfunctional decision-making process on the state level poses a threat and disables the Bosnian plural society to respond to the modern challenges of a democratic functioning state.The Bosnian model of democratic authority is trying to determine the individual primarily as a citizen, to which they bind certain rights and duties, but without neglecting the fact that citizens enjoy certain rights (and obligations) that belong to them based on their affiliation to a particular collectivity. Bosnian society as a community of citizens and a community of communities should not ignore any of the aforementioned sides of human nature.

Book Review: The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles

2006 ◽  
Vol 37 (1) ◽  
pp. 153
Author(s):  
Bevan Marten
Keyword(s):  
Decision Making ◽  
Practical Reasoning ◽  
Individual Case ◽  
Judicial Decision ◽  
Judicial Process ◽  
Judicial Decision Making ◽  
Cambridge University ◽  
The Subject ◽  
The Individual

This article is a book review of E W Thomas The Judicial Process (Cambridge University Press, Cambridge, 2005) (414 + xxvi pages) Hardback NZ$180. In his belief that too many judges are simply 'muddling along' without a sound conception of what their role entails, Justice Thomas (a retired judge) has written a book putting forward a theory of judicial decision-making. The book represents the development of Thomas' thinking since an earlier monograph on the subject, but the two pillars on which he bases his theory remain unchanged: that the demands of justice in the individual case, and the requirement that the law meets society's reasonable needs, be at the forefront of every judgment. Marten notes that the book is deliberately pitched at a level that many people can read and enjoy. On the whole, Marten states that the book is a well-written and engaging book by one of New Zealand's most distinctive judges.

The Influence of Managerial Orientation in Decision-Making Processes

ACCRUALS ◽  
2020 ◽  
Vol 4 (01) ◽  
pp. 1-8
Author(s):  
Rusdianto Rusdianto
Keyword(s):  
Decision Making ◽  
Resource Allocation ◽  
Stakeholder Theory ◽  
Resource Availability ◽  
Individual Level ◽  
Allocation Process ◽  
Resources Distribution ◽  
Decision Making Processes ◽  
The Individual ◽  
Resource Allocation Process

This research aims to examine managerial preferences in the resource allocation process. This research used an experimental method to test whether resource availability, stakeholder claims, and managers’ affiliations to stockholders can influence the decision-making process of resource allocation. The results show that resource availability, stakeholder claims, and managers’ affiliation could influence the resource allocation process. The results of the research contribute to several things. The first is to show that stakeholder theory can test managerial preferences at the individual level. Secondly, the resources distribution is influenced by behavioral factors associated with normative stakeholder theory.

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