Collective Action: Balancing Public and Particularistic Interests

Author(s):  
Tore Sager

This article explores important motivations for urban planning, focusing on legitimation, the concept of public interest, and the communicative (collaborative) mode of planning. It offers a brief account of planning as uncertainty reduction, and discusses the contemporary planning debate on the public interest and related themes. The article identifies extensive dialogue as communicative planning theory's solution to the problem of public interest and highlights the role of planning in helping to legitimize political decisions.

Spatium ◽  
2013 ◽  
pp. 33-39 ◽  
Author(s):  
Natasa Danilovic-Hristic ◽  
Nebojsa Stefanovic

Public interest (citizens, investors, interest groups, NGOs, media and similar) in the urban planning process and proposed planning solutions, certainly is not negligible, however, according to the opinion of the professional public, it has often been wrongly directed and conducted. The legal basis, which in rudimentary outlines prescribes the procedure of the public insight/hearing, i.e. the presentation of the planning document, does not provide sufficient input, however, also does not prevent organization of more qualitative and productive communication with the interested individuals, not only at the very finalization of plan development, but also at the initial phases of the initiative for decision making or forming the conceptual solution. In order to better comprehend the real needs of the citizens, urban planners should much earlier than the public insight i.e. presentation of already formed solutions, get in touch with citizens, interview them, organize workshops, insights and meetings on specific topics, trying to explain the planning procedures, standards and norms, as well as to present all that which is required in order to raise the quality of life in the neighborhood and provide some level of public interest and good, and thus increase the value of real estate. On the other hand, the citizens knowing their living environment the best should participate more actively in its creation, by indicating to the problems and needs, reacting to certain topics and thus assisting the professionals in shaping and committing their planning solutions. To that respect this paper provides certain recommendations, based on international experience, by implementation of which the satisfactory level of democracy (more transparency, inclusivity and effectiveness) of the procedure should be provided in Serbia as well.


2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Priyo Katon Prasetyo ◽  
Rosye Villanova Christine ◽  
Sudibyanung Sudibyanung

Abstract: Based on Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, the Openness Principle is one of the ten principles as the basis of the implementation of development. This principle is significant because its complex role can lead to conflicts and disputes. In this paper, discussions are divided into two parts: 1) how the implementation is expected to be applied according to the acquisition procedure in theory; and 2) the reality that occurs in the field. The first discussion was conducted by reviewing the applicable regulations and the methods or concepts of development of the openness principle. Meanwhile, the second discussion about the reality on the field was conducted by elaborating case studies regarding problems in land acquisition. The results of this study indicate that there are gaps in the implementation of the openness principle between theory and reality in regards of land scarcity, economic inequality, and information asymmetry among the involved parties. In conclusion, the implementation of the openness principle is significant with the role of information in land acquisition.Intisari: Berdasarkan Undang Undang Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, Asas Keterbukaan adalah salah satu dari sepuluh asas yang menjadi dasar pelaksanaannya. Asas ini menjadi signifikan karena perannya yang kompleks dapat menimbulkan konflik dan sengketa. Artikel ini akan membagi pembahasan menjadi dua bagian: pertama, bagaimana implementasi yang seharusnya diterapkan pada prosedur pengadaan secara harapan, dan kedua, membahas mengenai realita yang terjadi di lapangan. Secara harapan pembahasan dilakukan dengan melakukan library research atau studi terhadap peraturan yang berlaku dan metode-metode atau prinsip perkembangan dari asas keterbukaan. Realitas di lapangan akan dielaborasi dari studi kasus mengenai permasalahan dalam pengadaan tanah. Hasil dari penelitian ini menunjukkan ada gap dalam implementasi asas keterbukaan antara harapan dan realitas di lapangan yang bersumber dari kelangkaan sumber daya/tanah, ketimpangan ekonomi dan asimetri informasi di antara para pihak yang terlibat. Tulisan ini menyimpulkan bahwa implementasi asas keterbukaan signifikan dengan peran informasi dalam pengadaan tanah. 


2003 ◽  
Vol 17 (3) ◽  
pp. 257-266 ◽  
Author(s):  
Mark H. Taylor ◽  
F. Todd DeZoort ◽  
Edward Munn ◽  
Martha Wetterhall Thomas

This paper introduces an auditor reliability framework that repositions the role of auditor independence in the accounting profession. The framework is motivated in part by widespread confusion about independence and the auditing profession's continuing problems with managing independence and inspiring public confidence. We use philosophical, theoretical, and professional arguments to argue that the public interest will be best served by reprioritizing professional and ethical objectives to establish reliability in fact and appearance as the cornerstone of the profession, rather than relationship-based independence in fact and appearance. This revised framework requires three foundation elements to control subjectivity in auditors' judgments and decisions: independence, integrity, and expertise. Each element is a necessary but not sufficient condition for maximizing objectivity. Objectivity, in turn, is a necessary and sufficient condition for achieving and maintaining reliability in fact and appearance.


2020 ◽  
Vol 5 (1) ◽  
pp. 96-106 ◽  
Author(s):  
Lina Berglund-Snodgrass ◽  
Dalia Mukhtar-Landgren

Urban planning is, in many countries, increasingly becoming intertwined with local climate ambitions, investments in urban attractiveness and “smart city” innovation measures. In the intersection between these trends, urban experimentation has developed as a process where actors are granted action space to test innovations in a collaborative setting. One arena for urban experimentation is urban testbeds. Testbeds are sites of urban development, in which experimentation constitutes an integral part of planning and developing the area. This article introduces the notion of testbed planning as a way to conceptualize planning processes in delimited sites where planning is combined with processes of urban experimentation. We define testbed planning as a multi-actor, collaborative planning process in a delimited area, with the ambition to generate and disseminate learning while simultaneously developing the site. The aim of this article is to explore processes of testbed planning with regard to the role of urban planners. Using an institutional logics perspective we conceptualize planners as navigating between a public sector—and an experimental logic. The public sector logic constitutes the formal structure of “traditional” urban planning, and the experimental logic a collaborative and testing governance structure. Using examples from three Nordic municipalities, this article explores planning roles in experiments with autonomous buses in testbeds. The analysis shows that planners negotiate these logics in three different ways, combining and merging them, separating and moving between them or acting within a conflictual process where the public sector logic dominates.


2021 ◽  
pp. 125-194
Author(s):  
Eva Micheler

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law integrates the interests of creditors and also of wider society. The law is primarily focused on ensuring compliance with the Companies Act and the constitution rather than with the enhancement of economic interests. The Company Directors Disqualification Act 1986 serves as a mechanism through which the public interest is integrated into company law, while the UK Corporate Governance Code adds a further procedural dimension to the operation of the board of directors. The chapter then looks at how the idea of designing remuneration in a way that guides the directors to act either for the benefit of the shareholder or for the benefit of the company is flawed and has served as a motor justifying increasing rewards without bringing about commensurate increases in performance. It also analyses the duties of the directors to keep accounting records and to produce financial reports.


Author(s):  
Michael Jeffrey QC ◽  
Donna Craig

This article examines the role of environmental conflict resolution (ECR) in the public interest issues of water disputes. The article endeavours to  illustrate the strengths and weaknesses of a range of alternative dispute resolution (ADR) and negotiation approaches in the context of decision-making. Although many embrace ECR as the cheaper and more effective alternative to more formalistic and entrenched judicial processes before courts of law and quasi-judicial tribunals, the authors argue that there is an urgent need for a more critical, contextual and issue-oriented approach. In particular, the article highlights the significant difficulties associated with representing the full range of stakeholders who should be involved in an ADR process, and the lack of transparency and procedural safeguards associated with ADR in complex public interest disputes. The strength of ADR in smaller project-specific disputes involving a very limited number of stakeholders is well understood. The authors argue that ADR may have a significant role in scoping the issues and associated research as well as facilitating agreement on procedural aspects of large, complex public interest water disputes. However, ADR has severe limitations as a decision-making process. For example, water conflicts necessarily involve the concept of sustainability that in turn touches on a complex maze of social, political, economic and ecological values. The probability of reaching a mediated settlement in such a context is severely curtailed. A preferable approach may be one that is entirely transparent, capable of being both monitored and enforced, and is binding on all stakeholders whether or not they are parties to the mediation.


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