The State and Genocide

2012 ◽  
Author(s):  
Anton Weiss‐Wendt
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Political Parties ◽  
The State ◽  
Modern State ◽  
Decision Making Process ◽  
Mass Violence ◽  
Original Source ◽  
Chain Of Command ◽  
State Agents

This article explores the connection between the state and genocide. It argues that no form of mass violence, and least of all genocide, erupts spontaneously. It requires premeditation, usually by a government with a record of gross human rights violations. Indeed, the discussion contends that genocide is intricately linked to the idea of the modern state, despite a body of scholarship that questions that link. Non-state agents such as radical political parties or armed militias are usually incorporated into the governing structure and therefore rarely perform on their own. The state may deliberately use them as proxies to obscure the decision-making process and thus to shift responsibility for the crimes committed. Even though the ruling body may not always emphasize state interests in genocide, the painstaking reconstruction of the chain of command, where possible, inevitably points to the upper echelons of power as the original source of mass violence.

Les chefs de cabinets ministériels au Québec: la transition du gouvernement libéral au gouvernement péquiste (1976–1977)

1981 ◽  
Vol 14 (2) ◽  
pp. 309-335 ◽  
Author(s):  
Micheline Plasse
Keyword(s):  
Decision Making ◽  
Civil Service ◽  
The State ◽  
Comparative Perspective ◽  
Decision Making Process ◽  
The Social ◽  
Economic Forces ◽  
The Government

This article first presents a brief survey of the role and functions filled by the personal aide (chef de cabinet) of a minister in Quebec. The analysis continues, in a comparative perspective, by tracing a sociological and professional portrait of the Liberal“chefs de cabinet” in April 1976 and their successors in the pequiste government in July 1977.We then test the hypothesis that the cleavage between the government and the dominant economic forces has increased since November 15, 1976 as a result of the ideology articulated by the“chefs de cabinet” regarding the social and economic aims of the state. This hypothesis was confirmed.The hypothesis that the pequiste“chefs de cabinet” exercise a more pronounced influence on the decision-making process is also confirmed. Nevertheless, one cannot argue that the pequiste“chefs de cabinet” usurped the power of the legislators; their influence is more political than technocratic. The growing influence of the pequiste“chefs de cabinet” neverthelsss helps to accentuate the tensions and conflicts between the higher civil service and the ministerial aides.

scholarly journals Support of decision-making under risk by a risk-averse decision-maker

2020 ◽  
Vol 13 ◽  
Author(s):  
Andrzej Łodziński
Keyword(s):  
Decision Making ◽  
Decision Support ◽  
Decision Maker ◽  
The State ◽  
Decision Making Process ◽  
Discrete Problem ◽  
Risk Averse ◽  
Control Parameters ◽  
Decision Making Under Risk ◽  
State Of The Environment

The paper presents the decision support under risk by the risk averse decision maker. Decision making under risk occurs when the result of the decision is not unequivocal and depends on the state of the environment. The decision making process is modeled with the use of multi-criteria optimization. The decision is made by solving the problem with the control parameters that determine the decision maker's aspirations and the evaluation of the solutions received. The decision maker asks the parameter for which the solution is determined. Then, evaluate the solution received accepting or rejecting it. In the second case, the decision maker gives a new parameter value and the problem is solved again for the new parameter. The work includes an simple discrete problem of decision support under risk

Mayors and their interaction with municipal councils in the countries of Eastern Europe

2020 ◽  
Vol 2020 (58) ◽  
pp. 147-157
Author(s):  
Александр Игоревич Черкасов
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Eastern Europe ◽  
Political System ◽  
Urban Governance ◽  
Decision Making Process ◽  
Governance Mechanism ◽  
Modern Cities ◽  
Municipal Level

This article deals with the institute of mayor and his interaction with municipal councils in the countries of Eastern Europe. The author points out that the mayor personifies the whole urban governance mechanism and acts as an arbitrator in the struggle of various interests coming into confrontation at the level of a modern city. The article contains analyses of the trend towards “presidentialization” of the local political system and decollectivization of the decision making process at the municipal level common for many modern cities. On the basis of popular support and expectations the mayor begins to increasingly squeeze positions of local councils in the municipal mechanism. Direct mayoral elections are becoming more common and increase the independence of the head of local administration from political parties and slightly reduce the role of the latter in the decision making process

The implications of the decision in Helen Suzman Foundation v Judicial Service Commission 2018 (7) BCLR 763 (CC) 8 on the functioning of the South African Judicial Service Commission

2020 ◽  
Vol 24 ◽  
Author(s):  
Nomthandazo Ntlama
Keyword(s):  
South Africa ◽  
Decision Making ◽  
Human Rights ◽  
South African ◽  
Rule Of Law ◽  
Decision Making Process ◽  
Constitutional Court ◽  
Service Commission ◽  
Insight Into ◽  
Future Management

ABSTRACT The article examines the implications of the judgment of the Constitutional Court in Helen Suzman Foundation v Judicial Service Commission 2018 (7) BCLR 763 (CC) 8 on the functioning of the Judicial Service Commission (JSC). The judgment has brought to the fore a new lease of life relating to the JSC's post-interview deliberations as a disclosable record in terms of Rule 53(1)(b) of the Uniform Rules of Court. The disclosure seeks to provide an insight into the decision-making process of the JSC in the appointment of judicial officers in South Africa. It is argued that the judgment is two-pronged: first, the disclosure of the post-interview record enhances the culture of justification for decisions taken, which advances the foundational values of the new democratic dispensation; secondly, it creates uncertainty about the future management and protection of the JSC processes in the undertaking of robust debates on the post-interview deliberations. It then questions whether the JSC members will be privileged in their engagement with the suitability of the candidates to be recommended for appointment by the President. The question is raised against the uncertainty about which decision of the JSC will be challenged that will need the disclosure of the record because the judgment does not entail the national disclosure of the record in respect of each candidate but applies only when there is an application for review of the JSC decision. Key words: Judicial Service Commission, appointments, discretion, judiciary, independence, rule of law, discretion, accountability, transparency, human rights.

Fragmentation of Citizenship Governance

2017 ◽  
pp. 598-620
Author(s):  
Joel P. Trachtman
Keyword(s):  
Decision Making ◽  
The State ◽  
State System ◽  
Modern State ◽  
International Regime ◽  
Role Of The State ◽  
Positive Rights ◽  
Experience Effects

A future of greater migration will put pressure on the exclusive territorial model of citizenship. In the deepest analytical sense, bundled citizenship is incoherent, and made more so by extraterritorial effects of national decision-making—by the effects on persons in other territories—and, as salient for this chapter, by the mobility of persons that makes them experience effects of governmental decisions in other territories. For most historic periods since the emergence of the modern state system and in most regional contexts this mobility of persons was not significant enough, and the role of the state in providing positive rights was not great enough, to necessitate an international regime for assigning states responsibility for positive rights, and assigning individuals duties to states. However, with greater demand for mobility, greater cooperation to divide up the components of citizenship may be desirable.

Evaluace politiky cestovního ruchu ČR za období 2014-2020

2020 ◽  
Author(s):  
Andrea Holešinská
Keyword(s):  
Decision Making ◽  
Czech Republic ◽  
Secondary Data ◽  
Theoretical Background ◽  
The State ◽  
Decision Making Process ◽  
The Czech Republic ◽  
Global Trends ◽  
Role Of The State ◽  
Tourism Policy

The paper deals with the evaluation of the state tourism policy of the Czech Republic. Primarily it focuses on the accomplishment of the strategic document the Concept of the State Tourism Policy of the Czech Republic for 2014-2020. The activities related to particular measures are examined and as well as the implementation of tools used by the state tourism policy is analysed. The state tourism policy of the Czech Republic is also confronted with the theoretical background. Therefore, the attention is paid to the decision-making process, the legitimacy of state interference in tourism and the role of the state in tourism policy. It is emphasized that external factors (e.g. global trends or COVID-19) have an impact on the decision-making process and the direction of tourism policy. The paper is based on the qualitative analysis of documents, which is supported by the analysis of secondary data sources.

scholarly journals INTRODUCTION OF THE INSTITUTION OF PREVIOUSLY EXPRESSED WISHES REGARDING MEDICAL INTERVENTIONS IN MEDICAL LAW OF UKRAINE: STATE AND PROSPECTS

2021 ◽  
Vol 1 (15) ◽  
pp. 58-65
Author(s):  
G.V. Puchkova ◽  
L.P. Bohutska
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Medical Care ◽  
Comparative Method ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Decision Making Process ◽  
Medical Law ◽  
Human Right ◽  
The Right

The aim. The aim of the article is to study the implementation of the principle of autonomy in the medical law of Ukraine, to determine the compliance of the medical legislation of Ukraine with the specified principle in terms of the exercising of the human right to express wishes for the provision of medical care in the future in case if a patient cannot personally express such wishes. Materials and methods. The authors have studied the European standards and practice of the European Court of Human Rights regarding the right of a person to participate in the decision-making process on the provision of medical care, scientific works of specialists in the field of medical law, dedicated to the patient's right to informed consent to medical intervention, the right to refuse treatment and ethical standards of legal regulation of relations with the participation of patients using the formal-logical method, the method of structural analysis, comparative method and legal modeling. Results. The study has found that there are gaps in the normative regulation of the patient's right to participate in the decision-making process in the provision of medical care, which carries a potential danger of violating the right to respect for private and family life, guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. Conclusions. It is proposed to eliminate these gaps by ratifying the Oviedo Convention by Ukraine, implementation of the institution of previously expressed wishes in the national legislation, determining the mechanism for drawing up, changing and revoking previously expressed medical directives, the designation an authorized person in case a patient is unable to independently express his or her own wishes for the provision of medical care taking into account the European experience, cultural characteristics of Ukrainian society, the state of functioning of the institutional and legal systems and the level of development of biology and medicine.

scholarly journals Public Councils as a Legal Form of Partnership between the State and Its Citizens

2021 ◽  
Vol 9 (1) ◽  
pp. 96-117
Author(s):  
Pavlo Krainii
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Local Governments ◽  
Legal Status ◽  
Good Governance ◽  
Communicative Action ◽  
The State ◽  
Legal Form ◽  
Theoretical Concepts ◽  
Legal Forms

Today, the existence of every society and every state is marked with the presence of generally accepted phenomena that radically distinguish the legal status of an individual from his ancestors, who lived hundreds or even thousands of years ago. These phenomena are: democracy, legal society, human rights, good governance, participatory democracy, etc. The study of legal relations between an individual or a group of individuals and the state, represented by the system of government in one form or another, has been carried out by a large number of well-known legal scholars, sociologists, political scientists, and economists, all of whom offered numerous theoretical concepts, represented different scientific schools, and worked in various fields of research. The basic issue they have been trying to solve both in the past and at present is how an individual citizen or a group of individuals can influence the decision-making processes of public authorities that affect the interests of each of them. It turned out that the institutions we are aware of (like those of political parties, public organizations, unions) are not the only legal forms of association of the country citizens who seek to exercise public power and represent the interests of certain groups of their compatriots. The active changes that took place in the world after the Second World War, as well as the emergence of the third generation of human rights were a logical continuation of the growing influence of liberal ideas and views, which proved the existence of new scientific alternatives, ideas and concepts for developing the theory of deliberative democracy. The latter’s main objective was the idea of citizens’ active involvement in decision-making by the authorities and local governments, which consequently led to the phenomenon of public-private partnership. The article under discussion contains a legal analysis of the institution of public councils as one of the legal forms of such interaction through the theory of communicative action. At the same time, the paper will contain an attempt to analyze the current Ukrainian legislation that determines and regulates the legal status of public councils. This will enable to draw conclusions about the level of involvement of citizens in the decision-making process. In addition, the article will lay particular emphasis on a study of the already established and existing public councils in Ukraine, as well as will identify the positive and negative aspects of their activities, which will help to work out the problematic aspects of their legal status and offer practical ways to eliminate them.

scholarly journals The actor's point of view in terms of governance tendency to the health tourism: The case of AntalyaYönetişim eğilimleri çerçevesinde sağlık turizmine aktörlerin bakış açısı: Antalya örneği

2016 ◽  
Vol 13 (2) ◽  
pp. 2885
Author(s):  
Zişan Korkmaz Özcan
Keyword(s):  
Decision Making ◽  
Private Sector ◽  
The State ◽  
Point Of View ◽  
Survey Study ◽  
Decision Making Process ◽  
Private Institutions ◽  
Health Tourism ◽  
Governmental Organizations ◽  
Non Governmental Organizations

Governence which means that governing structures act in unision instead of acting seperately is also very significant in the field of health. In this regard, governence approach aims at accomplishing the sense of simultaneous governing corresponding with creating policies and decision-making process by ensuring the participation not only the state but also citizens,private sector and non-governmental organizations (NGOS)  as important factors of change.This study aims at assessing whether deficiency in relation with the health tourism in Turkey relates to the governence or not. For that purpose, Antalya that is one of the most important provinces of Turkish tourism has been chosen as a range of application and magnitude of governence of Antalya in the field of health has been tried to be measured by carrying out survey study consisted of public-private institutions and organizations, and the authorities of non-governmental organizations with the over 106 people.According to the results of the suvey, there is a lack of governence in the field of health tourism in Antalya, and this endangers the potential of health tourism. So, being collaborated an advertisement, information and application activity in harmony on the health tourism, and being established public politicy are an important acqusition for both the country and Antalya in terms of economic, political, social and cultural. ÖzetYönetim yapılarının tek başlarına hareket etmeleri yerine, birlikte hareket etmeleri anlamına gelen yönetişim, sağlık turizmi alanında da önemli bir yer tutmaktadır. Bu bağlamda yönetişim yaklaşımı, politika oluşturma ve karar verme süreçlerine değişimin önemli aktörleri olarak sadece devletin değil; yurttaşların, özel sektör ve Sivil Toplum Kuruluşları (STK)'nın da katılımını sağlayarak birlikte yönetim anlayışını hayata ge­çirmeyi amaçlamaktadır. Bu çalışmanın amacı, Türkiye'nin sağlık turizminde eksikliğinin yönetişim olup olmadığını belirleyebilmektir. Bu amaçla, Türk turizminin en önemli illerinden biri olan Antalya, uygulama bölgesi olarak seçilmiş ve kamu-özel sektör kurum ve kuruluşları ile STK'nın yetkili kişilerinden oluşan 106 kişi üzerinde yüzyüze yapılan anket çalışması yöntemiyle Antalya bölgesinin sağlık turizmi alanında yönetişim boyutu ölçülmeye çalışılmıştır. Anket çalışmasının sonuçlarına göre, Antalya’da sağlık turizmi alanında yönetişim eksikliği vardır ve bu eksiklik sağlık turizmi potansiyelini tehdit eder sonucuna ulaşılmıştır. Bu bağlamda sağlık turizmi alanında yapılacak olan tanıtım, bilgilendirme ve uygulama faaliyetlerinin işbirliği içerisinde yapılması, kamu politikalarının da bu çerçevede oluşturulması hem ülkemiz, hem de Antalya ili açısından ekonomik, siyasal, sosyal ve kültürel anlamda önemli bir kazanç olacaktır.

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