scholarly journals The judicial duty to give reasons

Legal Studies ◽  
2000 ◽  
Vol 20 (1) ◽  
pp. 42-65 ◽  
Author(s):  
H L Ho
Keyword(s):  
Decision Making ◽  
Judicial System ◽  
General Level ◽  
Decision Making Process ◽  
Court Decisions ◽  
General Duty

The desirability of having a general duty to give reasons for court decisions has been much debated in Commonwealth jurisdictions. In England, a series of recent cases has consistently upheld the duty, albeit with qualifications. The existence of this general duty is defensible in principle. However, exactly what is required to comply with the duty is not clear. The explanation the judge is expected to give may be analysed in terms of its structure, contents and standard. These aspects are dependent on many factors, such as the rationale underlying the duty, the limitations faced by the judicial system, the nature of the decision- making process, and the significance of the decision. While one can identify the major considerations that operate at a general level, the scope and extent of the duty to explain a particular decision are dependent on the circumstances of the case. This variability makes it difficult to be certain as to when a breach of the duty has occurred. The duty must meet the purposes for which it is imposed and at the same time must not be too unrealistic in its demands.

scholarly journals Dimensi Judicial Activism dalam Putusan Mahkamah Konstitusi

2016 ◽  
Vol 13 (2) ◽  
pp. 406
Author(s):  
Pan Mohamad Faiz
Keyword(s):  
Decision Making ◽  
Decision Making Process ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Rights ◽  
Judicial Activism ◽  
Constitutional Review ◽  
Rights Protection ◽  
Strategic Role ◽  
Substantive Justice

A transformative amendment of the 1945 Constitution established a separate judicial institution called the Constitutional Court. This institution is believed to serve a strategic role within Indonesia’s plural legal  system  particularly  in  the area of constitutional review and constitutional rights protection. However, the performance of the Constitutional Court has attracted controversy. This controversy arises because the Court is concerned with introducing a sociological paradigm of law that embraces substantive justice with a fluid acknowledgment of procedural justice. A key criticism of the Constitutional Court is that the nature of Court decisions has developed into a practice of judicial activism. This article discusses the dimension of judicial activism used by the Constitutional Court on the grounds for protecting constitutional rights of the citizens through its decisions. It also analyses the extent of judicial activism that can be justified in the decision-making process   in the Constitutonal  Court.

An Ethical Perspective on Euthanasia and Assisted Suicide in the Netherlands from a Nursing Point of View

1998 ◽  
Vol 5 (4) ◽  
pp. 307-318 ◽  
Author(s):  
Arie JG van der Arend
Keyword(s):  
Decision Making ◽  
The Netherlands ◽  
Criminal Law ◽  
Assisted Suicide ◽  
Point Of View ◽  
Decision Making Process ◽  
Court Decisions ◽  
Ethical Perspective ◽  
Consultation Skills ◽  
Source Of Information

In the Netherlands, euthanasia and assisted suicide are formally forbidden by criminal law, but, under certain strictly formulated conditions, physicians are excused for administering these to patients on the basis of necessity. These conditions are bound up with a long process of criteria development. Therefore, physicians still live in uncertainty. Future court decisions may change the criteria. Apart from that, physicians can always be prosecuted. The position of nurses, however, is perfectly clear; they are never allowed to administer euthanasia or assisted suicide. Nevertheless, they should be involved in the decision-making process because they are an important source of information and have consultation skills. The openness of the discussion about these issues in the Netherlands may prevent an escalation of medical or nursing responsibility and falling victim to the ‘slippery slope’.

scholarly journals Framework for Risk-Based Decision Support on Infiltration and Inflow to Wastewater Systems

Water ◽  
2021 ◽  
Vol 13 (17) ◽  
pp. 2320
Author(s):  
Anna Ohlin Saletti ◽  
Lars Rosén ◽  
Andreas Lindhe
Keyword(s):  
Climate Change ◽  
Decision Making ◽  
Decision Support ◽  
Limited Resources ◽  
General Level ◽  
Decision Making Process ◽  
Decision Support Model ◽  
Piping Systems ◽  
Wastewater Systems ◽  
The Right

Infiltration and inflow (I/I) to wastewater systems cause e.g., flooding, pollution, and the unnecessary use of the limited resources in society. Due to climate change and an increased need for the renewal of piping systems, making the right decisions on how to handle I/I is more important than ever. This paper presents a novel framework for risk-based decision support on I/I based on established theories on risk assessment and decision-making. The framework is presented on a general level and suggests that uncertainties are included in the decision-making process, together with criteria representing the economic, social, and environmental dimensions of sustainability. Published models on I/I and decision support are evaluated based on criteria from the framework showing that (1) the models rarely include risk-based decision-making or uncertainties in the analyses and that (2) most models only include project-internal financial aspects, excluding social and environmental, as well as project-external aspects, of I/I and I/I measures. A need for further research to develop a more holistic decision support model for I/I is identified, and it is concluded that the application of the proposed framework can contribute to more sustainable decisions on how to handle I/I and provide transparency to the process.

Policy complexity and legislative duration in the European Union

2019 ◽  
Vol 21 (1) ◽  
pp. 87-108 ◽  
Author(s):  
Steffen Hurka ◽  
Maximilian Haag
Keyword(s):  
Decision Making ◽  
European Union ◽  
Three Dimensional ◽  
General Level ◽  
Decision Making Process ◽  
The European Union ◽  
Different Types ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
The Impact

This article investigates the impact of policy complexity on the duration of legislative negotiations in the European Union employing survival analysis. We conceptualize policy complexity as a three-dimensional construct encompassing structural, linguistic and relational components. Building on this conceptual framework, we measure the complexity of 889 Commission proposals published under the ordinary legislative procedure between 2009 and 2018. Controlling for institutional and political drivers of legislative duration identified by previous studies, we show that different types of policy complexity influence the duration of the decision-making process in the European Union to varying degrees, at different points in time and partially in unexpected ways. On a general level, our study highlights that developing a better understanding of the origins and consequences of policy complexity in the European Union is a key task for scholars of European integration.

scholarly journals THE INFLUENCE OF UNHEALTHY NEUROTICISM ON THE PECULIARITIES OF PERSONAL DECISION MAKING

2021 ◽  
Vol 74 (11) ◽  
pp. 2695-2699
Author(s):  
Olena V. Savchenko ◽  
Lyudmila V. Muzychko ◽  
Lina A. Kolesnichenko
Keyword(s):  
Decision Making ◽  
Locus Of Control ◽  
Interpersonal Relations ◽  
Effective Properties ◽  
Self Control ◽  
General Level ◽  
Decision Making Process ◽  
External Locus ◽  
External Locus Of Control ◽  
High Level

The aim: To determine the influence of unhealthy neuroticism (the high level of personal neuroticism) on the properties of the decision-making process, to identify the differences in the decision-making process features of persons with high and low levels of neuroticism. Materials and methods: A comparative design was used with two contrasting groups, which differed in the level of neuroticism. Causal relationships were defined using one-way analysis of variance (ANOVA). The methods «Diagnosis of the neurotic personality tendency” (L. Vasserman), “Diagnosis of decision-making features” (D. Myroshnyk, O. Savchenko), “Locus of control” (O. Ksenofontova) were used for diagnosis. Results: It was identified that individuals with a high level of neurotic personality tendency have exhibited less self-control in the decision-making process (p <0.01), have formed a pessimistic expectations of the ways in which decisions should be fulfilled (p <0.01). A high level of neurotic personality tendency has occurred mostly in students with a high level of external locus of control (p <0.01), a low assessment of self-competence (p <0.01), low internality in the field of interpersonal relations (p <0.05), unformed willingness to overcome difficulties (p <0.05). The level of neuroticism is an important factor of the peculiarities of decision-making process (self-control (p <0.001) and optimistic expectations (p <0.02)). The general level of internality has determined the level of neurotic personality tendency (p <0.02) Conclusions: Unhealthy neuroticism, which manifests itself in a high level of neurotic personality tendency, is a risk factor of mental health, and it prevents timely make appropriate decisions. The high level of external locus of control mediately (through increasing the level of neurotic personality tendency) affects the procedural and effective properties of the decision-making process.

AAC Decision-Making and Mobile Technology: Points to Ponder

2014 ◽  
Vol 23 (2) ◽  
pp. 104-111 ◽  
Author(s):  
Mary Ann Abbott ◽  
Debby McBride
Keyword(s):  
Decision Making ◽  
Mobile Technology ◽  
Communication System ◽  
Augmentative And Alternative Communication ◽  
Evaluation Process ◽  
Decision Making Process ◽  
Alternative Communication ◽  
Ipod Touch ◽  
Feature Match

The purpose of this article is to outline a decision-making process and highlight which portions of the augmentative and alternative communication (AAC) evaluation process deserve special attention when deciding which features are required for a communication system in order to provide optimal benefit for the user. The clinician then will be able to use a feature-match approach as part of the decision-making process to determine whether mobile technology or a dedicated device is the best choice for communication. The term mobile technology will be used to describe off-the-shelf, commercially available, tablet-style devices like an iPhone®, iPod Touch®, iPad®, and Android® or Windows® tablet.

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