Congressional Constitutional Interpretation and the Courts: A Preliminary Inquiry into Legislative Attitudes, 1959–2001

2004 ◽  
Vol 29 (01) ◽  
pp. 127-175
Author(s):  
Bruce G. Peabody
Keyword(s):  
Decision Making ◽  
Survey Research ◽  
Political Context ◽  
The Political ◽  
Constitutional Interpretation ◽  
Survey Responses

Through theoretically informed inquiry into congressional attitudes toward the Constitution and the courts as well as survey research of two modem Congresses, this study considers the prospects and implications of a more salient legislative role in constitutional affairs. By analyzing survey responses from the 86th (1959–61) and 106th (1999–2001) Congresses, and the political context in which these views were formed, this essay explores the legislature's evolving conception of its role and capacities as a constitutional interpreter. Among other findings, Congress demonstrates a persistent and somewhat surprising interest in asserting an independent, distinctive constitutional voice, although it has somewhat conflicted and underdeveloped views about how to achieve this objective. While this essay points to significant barriers to fostering a coherent and forceful congressional presence in constitutional decision making, it also suggests institutional organizations and strategies that may be promising bases for promoting this goal.

scholarly journals Interrogating the efficiency paradigm : a study of language analysis as evidence in refugee status determination

2021 ◽  
Author(s):  
Erin Colleen Pease
Keyword(s):  
Decision Making ◽  
News Media ◽  
Asylum Seekers ◽  
Pilot Project ◽  
Political Context ◽  
The Political ◽  
Refugee Crisis ◽  
Refugee Status ◽  
Language Analysis ◽  
The Subject

In 1993, Sweden commenced the unprecedented practice of using Language Analysis (LA) as evidence in refugee status determination. Since that time, Western governments trying to cope with the perceived refugee crisis have similarly adopted the tool to corroborate and undermine the nationality claims of asylum seekers crossing borders without identity documents. During this same period, language professionals, lawyers, various news media, and others across the globe have proceeded to fuel international controversy on the subject, largely challenging the linguistic integrity of the tool, while investing less energy addressing the political context of use, as well as the implications for violations of refugee rights. In 2007, Canada reflected prioritized concerns for efficiency when it made public a pilot project to address the value of this language tool in aiding status decision-making. This paper interrogates the Canadian efficiency paradigm through the Australian lens of LA in practice. In exposing the ethical and legal sites of likely disengagement should Canada proceed with implementation, this paper cautions against LA becoming the most recent assault on a Canadian protection regime already under siege.

scholarly journals Interrogating the efficiency paradigm : a study of language analysis as evidence in refugee status determination

2021 ◽  
Author(s):  
Erin Colleen Pease
Keyword(s):  
Decision Making ◽  
News Media ◽  
Asylum Seekers ◽  
Pilot Project ◽  
Political Context ◽  
The Political ◽  
Refugee Crisis ◽  
Refugee Status ◽  
Language Analysis ◽  
The Subject

In 1993, Sweden commenced the unprecedented practice of using Language Analysis (LA) as evidence in refugee status determination. Since that time, Western governments trying to cope with the perceived refugee crisis have similarly adopted the tool to corroborate and undermine the nationality claims of asylum seekers crossing borders without identity documents. During this same period, language professionals, lawyers, various news media, and others across the globe have proceeded to fuel international controversy on the subject, largely challenging the linguistic integrity of the tool, while investing less energy addressing the political context of use, as well as the implications for violations of refugee rights. In 2007, Canada reflected prioritized concerns for efficiency when it made public a pilot project to address the value of this language tool in aiding status decision-making. This paper interrogates the Canadian efficiency paradigm through the Australian lens of LA in practice. In exposing the ethical and legal sites of likely disengagement should Canada proceed with implementation, this paper cautions against LA becoming the most recent assault on a Canadian protection regime already under siege.

scholarly journals Why does a woman’s deliberative faculty have no authority? Aristotle on the political role of women

2015 ◽  
Vol 26 (4) ◽  
pp. 902-916
Author(s):  
Irina Deretic
Keyword(s):  
Decision Making ◽  
Political Context ◽  
Public Affairs ◽  
The Political ◽  
First Line ◽  
Political Role ◽  
Advice Giving ◽  
Role Of Women ◽  
Recent Interpretation

In this paper I will discuss Aristotle?s controversial philosophical views on women. I will critically examine three main interpretations of his claim that women have deliberative faculty ?without authority?. According to the first line of interpretation, Aristotle has in mind that women?s incapacity of advice-giving and decision-making in public affairs are determined by conventions in the political context of his time. I will attempt to point out the disadvantages of this kind of interpretation. Furthermore, I will put forward the reasons why is implausible the more recent interpretation, given by Marguerite Deslauriers. According to her reading, the lack of authority of deliberative faculty in women means nothing else than the tasks over which women have authority are for the purpose of the tasks put forth by men. The prevailing interpretation among scholars is that, in Aristotle?s view, women are naturally inferior to men, due to the fact that they are all too frequently overruled by the irrational ?forces? of their nature. I will argue that this line of interpretation elucidates what Aristotle presumably has in mind, although it makes his account of women and their rationality, if not inconclusive, then indisputably problematic. In other words, I attempt to prove that, if the prevailing line of interpretation is correct, such view of women produces some philosophically ?insurmountable? problems for Aristotle. The aim of the last section of the paper is to point out how some of these problems could eventually be resolved.

scholarly journals Decision-making in the public administration: a dialogue of rationalities

1970 ◽  
Author(s):  
Elisabete De Carvalho
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Political Context ◽  
Theoretical Modelling ◽  
The Political ◽  
The Public ◽  
Management Models ◽  
Heated Debate ◽  
Decision Making Processes

The Science of Public Administration has been the stage for a heated debate on thesearch for the management models and organisational designs that best suit asystem which will simultaneously achieve the goals that are set for it and make appropriateuse of the resources at its disposal. The desired end is an instrumental,managerial rationale derived from a theoretical modelling of the decision-makingprocess that is widely adopted in both management and economic fields: the rationaldecision-making model. However, it is not entirely clear that this model matcheswhat actually happens in the reality it seeks to describe and explain. There areother models, born out of studies of an inductive, pragmatic nature, that providedifferent visions of and explanations for decision-making processes, particularlywhen two variables are introduced: the political context; and when decisions concernambiguous problems that tend to be complex. The author synthetically systematisesome of these models, in the hope that considering them may provide valuable assistance in the process of transforming the administrative systemeffectively.

Truth and Uncertainty in Political Justification

2021 ◽  
pp. 64-75
Author(s):  
Fabienne Peter
Keyword(s):  
Decision Making ◽  
Political Context ◽  
The Political ◽  
Political Justification ◽  
Political Deliberation ◽  
Normative Uncertainty ◽  
Substantial Uncertainty

Political deliberation and decision-making typically take place in circumstances of substantial uncertainty about what should be done. Some of this uncertainty concerns decision-relevant empirical facts and some of it concerns decision-relevant normative facts. It is widely accepted that uncertainty about empirical facts should make us cautious and that political justification must take such uncertainty into account. Some have argued, however, that uncertainty about empirical and normative facts is not symmetrical, and that normative uncertainty does not demand the same caution. This chapter argues that the argument against symmetry does not work in the political context and that political justification must take normative uncertainty into account.

scholarly journals The role of public service bargains in cutback management: Insights in reforms in the Dutch penitentiary sector

2019 ◽  
pp. 095207671986979
Author(s):  
Eduard Schmidt
Keyword(s):  
Decision Making ◽  
Public Service ◽  
Qualitative Case Study ◽  
Political Context ◽  
The Political ◽  
Public Managers ◽  
Cutback Management ◽  
Management Literature

Public managers need to interact with their political principals when managing cutbacks. However, research on cutback management did not put much emphasis on this interaction. We analyse how the interaction between public managers and political principals develops during cutbacks, and how this affects cutback management. We analyse these interactions between political principals and public managers as a public service bargain. This study employs an in-depth qualitative case study on recent cutbacks in the Dutch penitentiary system. The results show that cutbacks put the interaction between public managers and political principals under pressure. As political principals feel that public managers’ loyalty towards them is violated, they centralise decision making. Consequently, public managers are withheld responsibility for cutback management. Strong resistance to cutbacks from public managers and subsequent political uproar leads to both actors having to find a new balance in the bargain. Furthermore, it leads to changes in both the content (what is cut back back) and the process (how are cutbacks decided upon and implemented) of cutback management. The first conclusion of this study and our contribution to the cutback management literature is that if we want to understand the work and behaviour of public managers during cutbacks, we cannot neglect the political context public managers work in. Second, we contribute to the literature on PSBs, as we conclude that cutbacks, even if they do not impact the institutional, formal part of the bargain, have the potential to affect public service bargains and thus, the interactions between public managers and political principals.

Women in Power and Decision making Positions : Conditions and Restraints

1970 ◽  
pp. 53-57
Author(s):  
Azza Charara Baydoun
Keyword(s):  
Decision Making ◽  
Political Participation ◽  
Political Life ◽  
The Political ◽  
Decision Making Process ◽  
Power Structures ◽  
Policies And Procedures ◽  
The Social ◽  
The Status ◽  
Slow Progress

Women today are considered to be outside the political and administrative power structures and their participation in the decision-making process is non-existent. As far as their participation in the political life is concerned they are still on the margins. The existence of patriarchal society in Lebanon as well as the absence of governmental policies and procedures that aim at helping women and enhancing their political participation has made it very difficult for women to be accepted as leaders and to be granted votes in elections (UNIFEM, 2002).This above quote is taken from a report that was prepared to assess the progress made regarding the status of Lebanese women both on the social and governmental levels in light of the Beijing Platform for Action – the name given to the provisions of the Fourth Conference on Women held in Beijing in 1995. The above quote describes the slow progress achieved by Lebanese women in view of the ambitious goal that requires that the proportion of women occupying administrative or political positions in Lebanon should reach 30 percent of thetotal by the year 2005!

Leisurely Islam

2013 ◽  
Author(s):  
Lara Deeb ◽  
Mona Harb
Keyword(s):  
Political Context ◽  
The Political ◽  
Religious Leaders ◽  
Social Changes ◽  
Moral Norms ◽  
Spatial Practices ◽  
Class Mobility ◽  
Political Economic

South Beirut has recently become a vibrant leisure destination with a plethora of cafés and restaurants that cater to the young, fashionable, and pious. What effects have these establishments had on the moral norms, spatial practices, and urban experiences of this Lebanese community? From the diverse voices of young Shi'i Muslims searching for places to hang out, to the Hezbollah officials who want this media-savvy generation to be more politically involved, to the religious leaders worried that Lebanese youth are losing their moral compasses, this book provides a sophisticated and original look at leisure in the Lebanese capital. What makes a café morally appropriate? How do people negotiate morality in relation to different places? And under what circumstances might a pious Muslim go to a café that serves alcohol? This book highlights tensions and complexities exacerbated by the presence of multiple religious authorities, a fraught sectarian political context, class mobility, and a generation that takes religion for granted but wants to have fun. The book elucidates the political, economic, religious, and social changes that have taken place since 2000, and examines leisure's influence on Lebanese sociopolitical and urban situations. Asserting that morality and geography cannot be fully understood in isolation from one another, the book offers a colorful new understanding of the most powerful community in Lebanon today.

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