Are we Doing the Right Thing? — A Critical Analysis of the Academic HPC Community

2019 ◽  
Author(s):  
Hartwig Anzt ◽  
Goran Flegar
Keyword(s):  
Critical Analysis ◽  
The Right

A Critique of Legal Framework Facilitating Access to Government Information in Tanzania

2015 ◽  
pp. 1737-1762
Author(s):  
John Ubena
Keyword(s):  
Critical Analysis ◽  
Good Governance ◽  
Universal Access ◽  
Case Law ◽  
Legal Framework ◽  
Theory And Practice ◽  
Government Information ◽  
The Media ◽  
Right To Information ◽  
The Right

This chapter provides a critical analysis of the legal framework for access to information particularly information held by government in Tanzania. The analysis intends to establish whether the existing Right To Information (RTI) legal framework and ICT development in Tanzania facilitates universal and requisite access to government information. In order to do that, the chapter utilises a literature review to understand contemporary trends in both theory and practice. In addition, journal articles, books, reports, case law, and pieces of legislation focusing on RTI are visited to obtain deeper insights in the topic under scrutiny. The findings indicate that, despite Tanzania's efforts to embrace democracy virtues, good governance, and technology, the country lacks adequate legal framework to facilitate universal access to government information and ensure that the Right To Information (RTI) is observed in all the socio-economic contexts. To rectify this problem, there is need to enact the RTI law with clear focus of encouraging access to government information. Although two bills (the Media Service Bill [MSB] and the 2011 RTI) are currently being debated, it is not clear yet when they will become law and subsequently practiced.

Diversity Dissonance as an Implication of One School’s Relocation and Reintegration Initiative

2019 ◽  
Vol 56 (3) ◽  
pp. 499-529
Author(s):  
Deena Khalil ◽  
Elizabeth Brown
Keyword(s):  
Critical Race Theory ◽  
Critical Analysis ◽  
Critical Race ◽  
Race Theory ◽  
Parent Survey ◽  
Student Demographics ◽  
School Demographics ◽  
Hidden Patterns ◽  
The Right ◽  
Whiteness As Property

Purpose: This article describes one charter school’s ‘diversity’ initiative—a relocation to a racially and socioeconomically diverse site—intended to reintegrate minoritized students displaced by gentrification. Research Design: We employ Critical Race Quantitative Intersectionality to frame the descriptive analyses of student enrollment, city census, and parent survey data that narrates the resulting student demographics after a school’s relocation. Our goal in utilizing an anti-racist framework rooted in Critical Race Theory is to a) quantify the racist material impact of “race-neutral” reform through intersectional data mining, b) disrupt the notion of letting “numbers speak for themselves” without critical analysis, and c) taking a transdisciplinary perspective to reveal the hidden patterns of whiteness under the guise of diversity. Findings: Our findings highlight the limits of a school’s agency to implement ‘diversity’ policies aimed at reintegrating minoritized students displaced from opportunity. While the relocation racially diversified the student population, the policy failed to reintegrate the district’s historically minoritized population. This exclusion both limited who had the right to use and enjoy the school and reinforced the school’s status and reputation, thus cementing its whiteness as property. Implications: We conceptualize diversity dissonance as a framework that challenges the unary ahistorical criteria that describe current school demographics, and calls for leaders and policymakers to problematize how the construct of diversity is interpreted when considering minoritized students’ access to programs and schools. Diversity dissonance situates diversity from solely an inclusive rhetoric to an exclusionary one, where limited access reinforces status—mimicking rather than juxtaposing whiteness.

Toward a Liberal Theory of Punishment: Locke, Property, and Individualism

2013 ◽  
Vol 8 (1) ◽  
pp. 350-366
Author(s):  
Alfonso Donoso
Keyword(s):  
Critical Analysis ◽  
The State ◽  
Natural Rights ◽  
Liberal Theory ◽  
The Political ◽  
Recent Theory ◽  
Basic Character ◽  
Justification Of Punishment ◽  
The Right ◽  
Political Character

AbstractBy offering a critical analysis of Nicolás Maloberti’s recent theory and justification of punishment, this article accounts for a series of principles and considerations that any liberal and Lockean theory of punishment must take seriously. This article contends that Locke’s conception of the state – an institution grounded on the right to punish violators of natural rights – and the basic character of the right to property within Locke’s scheme of rights are elements that should lead us to affirm that no genuine liberal theory of punishment can dispense with the political character of the right to punish.

scholarly journals Non-refoulement and Right of Entry for Asylum-seekers

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Syafiq Sulaiman ◽  
Salawati Mat Basir ◽  
Abdul Majid Hafiz Mohamed ◽  
Muhammad Afiq Ahmad Tajuddin
Keyword(s):  
Content Analysis ◽  
International Law ◽  
Critical Analysis ◽  
Asylum Seekers ◽  
Legal Aspects ◽  
Legal Research ◽  
The Right ◽  
Domestic Law

This article examines two questions: first, whether the Malaysian law regarding admission of asylum-seekers into its territory is consistent with international law, and second, whether the asylum-seekers who are already residing in Malaysia can be deported back to their places of origins. In answering these questions, this article analyses the legal aspects of the right to seek asylum under international law and its relation to the rule on non-refoulement. Additionally, it also examines the relevant provisions in the Malaysian legislations that regulate the admission of non-citizens into the country. This study is doctrinal legal research which is qualitative. The data used in this research was collected from library-based resources. These data were then analysed by using methods of content analysis as well as critical analysis. The article found that there are inconsistencies between international law and Malaysian law in matters concerning asylum-seeker’s admission and those asylum-seekers in Malaysia should not be deported. Therefore, this study suggests that Malaysia should amend the provisions in the Immigration Acts 1959/1963 and the Passports Act 1966. However, if the amendment of these legislations is not practical, it suggests that the Minister in charge of immigration affairs to make an order of exemption to the asylum-seekers so that their entry at the border would not be denied. This article shows that despite states’ firm belief that they are entitled to use domestic law to deny the admission of asylum-seekers into their territory, international law provides a few mechanisms to remedy the legal loopholes.

scholarly journals Concubinage in the Polish Tax Law

2021 ◽  
Vol 15 (3) ◽  
pp. 339-374
Author(s):  
Aleksy Goettel
Keyword(s):  
Tax Policy ◽  
Critical Analysis ◽  
Large Scale ◽  
Tax Law ◽  
The Public ◽  
Research Material ◽  
Conducting Research ◽  
The One ◽  
The Right ◽  
Public Revenues

The main goal of this study is to assess whether, and if so, how the tax policy is implemented in Poland in relation to informal partnerships. The justification for conducting research in this area is the growing number of such relationships and the demands formulated by the public on the principles of taxation of cohabitants. The study analyzes not only taxes on natural persons, but also the provisions governing the principles of tax liability. The research shows that while pro-family tax policy is implemented on a fairly large scale in Poland, it does not apply to cohabitants. In principle, cohabitants do not have the right to any preferential taxation rules, above all tax reliefs and exemptions. Moreover, the analysis of the research material clearly indicates that staying in cohabitation can even aggravate the situation of a cohabitant under tax law (which can be seen perfectly well on the example of a cohabitant's liability for his partner's taxes). On the basis of a critical analysis of the Polish tax law provisions, the general thesis has been formulated that the situation of cohabitants is affected by deep asymmetry, because on the one hand the legislator uses cohabitation to improve the allocation of public revenues, but on the other hand it does not include cohabitants with pro-family tax policy (although cohabitation is very similar to marriage). The study includes certain demands on the legislator, thanks to which it is possible to cover cohabitants by pro-family tax policy.

scholarly journals Jawność rozprawy głównej a gwarancje przewidziane w Konstytucji

2021 ◽  
Vol 28 (2) ◽  
pp. 225-237
Author(s):  
Radosław Koper
Keyword(s):  
Critical Analysis ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Fundamental Change ◽  
Criminal Proceedings ◽  
Main Trial ◽  
Criminal Proceeding ◽  
The Public ◽  
Constitutional Right ◽  
The Right

The principle of openness, as one of the foremost principles of criminal proceedings, is realised above all during the main trial. The amendment act of law to the code of criminal procedure issued on 10 June 2016 introduced model changes in this regard. The article is devoted to a discussion of mainly these changes in the context of their consistency with the Constitution. The first change has to do with the fact that the public prosecutor has the right to express his or her objection toward the holding of a trial in camera, while such an objection is binding for the court. This regulation is a source of reservations of constitutional nature, for it violates the constitutional right to a fair adjudication of a case by the court. The second fundamental change consists in the establishment, as a principle, of audio-visual registering of the court session by the representatives of media outlets. In these terms, a critical analysis should be conducted upon the removal of the condition of the respect of the important interest of the participant of a criminal proceeding. However, a basically positive evaluation was received by the extension of the scope of the openness of the main trial, expressing a thesis about the constancy of this regulation with the Constitution.

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