scholarly journals The response to whistleblowing by regulators: a practical perspective

Legal Studies ◽  
2015 ◽  
Vol 35 (3) ◽  
pp. 408-429 ◽  
Author(s):  
Ashley Savage ◽  
Richard Hyde
Keyword(s):  
Public Interest ◽  
Research Methodology ◽  
Regulatory Agencies ◽  
Freedom Of Information ◽  
Local Authorities ◽  
The Public ◽  
Appropriate Treatment ◽  
Regulatory Functions ◽  
Information Requests ◽  
The Way

The Public Interest Disclosure Act 1998 provides protection for whistleblowers; it does not place statutory obligations on regulators to act in response to whistleblowing concerns. Using Freedom of Information requests as a research methodology, this paper seeks to examine how whistleblowing is approached by regulators and what happens when a whistleblowing disclosure is made. Forty-eight national regulators in a variety of fields and 408 county, district and unitary local authorities with responsibility for the regulation of food were contacted. The paper begins by considering the importance of whistleblowing disclosures and how they are protected in PIDA. The examination of the law reveals that several organisations with important regulatory functions are not prescribed, and this has the potential to create inconsistencies in the protection of whistleblowers. The bulk of the paper examines the results of the Freedom of Information requests. By examining the results of these requests, it was possible to show that there are a number of inconsistencies in the way in which regulatory agencies handle concerns. Several changes to practice are suggested in order to ensure that the whistleblowers receive appropriate treatment and that the concerns that they express can be properly addressed.

Eisenhower’s executive privilege and the public interest

2019 ◽  
pp. 54-84
Author(s):  
Kevin M. Baron
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
Executive Branch ◽  
Executive Power ◽  
Freedom Of Information ◽  
Government Information ◽  
Executive Orders ◽  
White House ◽  
The Public ◽  
The Creation

This chapter delves into the depths of one of the most important developments within modern American politics, the creation and institutionalization of executive privilege. In facing a fervent Congress in the grips of McCarthyism, Eisenhower issued a letter denying testimony to the Senate for the Army-McCarthy hearings. His letter included a memo from Attorney General Brownell that claimed the president had an inherent constitutional privilege to deny information to Congress or the public if it was in the public interest and for national security. This action institutionalized the Cold War Paradigm in the executive branch and created an extra-constitutional power for the president. Eisenhower issued several executive orders concerning classification and public dissemination of government information, along with the creation of the Office of Strategic Information (OSI) within the Commerce Department to oversee these policies. Eisenhower claimed historic precedent to justify his inherent constitutional power, regardless, it showed a learned response that changed executive power. Congress would respond in 1955 by creating the Special Subcommittee on Government Information chaired by Rep. John Moss, given jurisdiction for oversight on all executive branch information policies and practices. With the issue of freedom of information institutionalized in Congress, a 12-year legislative power struggle would unfold between Congress and the White House ending with the passage of the Freedom of Information Act in 1966.

Government secrecy: public attitudes toward information provided by the authorities

2015 ◽  
Vol 25 (2) ◽  
pp. 197-222 ◽  
Author(s):  
Johanna Gunnlaugsdottir
Keyword(s):  
Public Interest ◽  
General Public ◽  
National Registry ◽  
Western World ◽  
Public Expenditures ◽  
Freedom Of Information ◽  
Public Authorities ◽  
Content Type ◽  
The Public ◽  
Government Provision

Purpose – The purpose of this paper is to present findings of a survey conducted during 2012 in Iceland with the intent of examining public opinion on government provision of information, i.e. whether the public felt that the authorities withheld information, either about subjects of general public interest or about public expenditures, if the authorities felt there was a reason to do so. Design/methodology/approach – A survey questionnaire was sent in March 2012 to almost two thousand Icelanders. This was a random sample selected from the National Registry. The response rate was almost 67 per cent. The survey was modelled on other research and resources that had examined trust toward public authorities and the influence of Freedom of Information Acts on government information practices. Findings – The survey discovered that the greater part of the citizenry felt that the authorities did keep important information of general public interest secret often or sometimes. Only 2-3 per cent of them believed that this never happened. Most of those surveyed felt as well that important information about public expenditures was often or sometimes withheld. Only 3-5 per cent of the respondents were of the opinion that this never happened. Practical implications – The results could be of value to public authorities that want to improve the provision of information and practice according to freedom of information act. They could also bring varied and valuable opportunities to the profession of records managers as well as others who practice information management. Originality/value – The survey adds valuable information and fulfils a need for a better understanding of what the public believes regarding government provision of information in Iceland. Although the survey is limited to Iceland, these findings may also be of value to public authorities and researchers in the Western World, Australia and New Zealand, to give a few examples where the culture and the practice of government may not be that different, as well as in other countries. The survey can lay the foundation for further research into the field.

The Trouble is Politics

2020 ◽  
pp. 211-218
Author(s):  
Duncan McCargo
Keyword(s):  
Public Interest ◽  
Prison Population ◽  
Political Instability ◽  
Revolving Door ◽  
Constitutional Court ◽  
The Public ◽  
Social Polarization ◽  
Rigid Attachment ◽  
Very High ◽  
The Way

This concluding chapter argues that Thailand is suffering from a surfeit of legalism: revolving-door constitutions, politicized independent agencies—including a problematic Constitutional Court—and a judiciary that works on behalf of an imagined monarchy, rather than in the public interest. The results are plain to see: a profound degree of political instability, high levels of social polarization, very high conviction rates, the abuse of punitive treason spectrum laws, and a prison population that is rising uncontrollably. Far from easing tensions through reflexive and moderating decisions, the courts have aggravated matters and fueled growing levels of crisis. Courts should strive for “tribunality”: the pragmatic and judicious resolution of complex political problems. Trials should also provide for moments of “liminality,” when the use of legal ritual and formality creates episodes of catharsis. A judiciously conducted trial can move conflict into the realm of ritual, moderating disagreements and producing a solution that captures nuance and maintains ambiguity. Such liminality prepares the way for tribunality: practical judicial solutions that are grounded in political and social realities rather than in rigid attachment to the letter of very imperfect laws. However, the more Thai judges see themselves as enforcing loyalty to the crown, the more unattainable even brief glimpses of tribunality and liminality become.

scholarly journals REVISITING THE CONCEPT OF LEGAL GUARANTEE IN ISLAMIC LAW FOR STRUCTURING ISLAMIC FINANCIAL PRODUCTS

2019 ◽  
Vol 7 (2) ◽  
pp. 396-406
Author(s):  
Chaibou Issoufou ◽  
Naziruddin Abdullah
Keyword(s):  
Qualitative Research ◽  
Public Interest ◽  
Research Methodology ◽  
Islamic Law ◽  
Physical Punishment ◽  
Legal Analysis ◽  
The Public ◽  
Financial Products ◽  
Qualitative Research Methodology ◽  
The Right

Purpose of Study: In the modern Islamic financial products and services, legal guarantee is becoming increasing important in the structuring of products, particularly those used in the investments. As a result of the increasing importance of the concept of guarantee, this paper specifically revisits the conceptual analyses of legal guarantee in Islamic law with a view to providing the basis for the use of this concept in structuring relevant Shari‘ah-compliant products. Methodology: The study adopts a comparative legal analysis of the views of classical Muslim jurists. The researchers examine the principles relating to guarantee, such as the meaning of guarantee, its authority, its pillars and conditions. Other principles include modes of guarantee and its objective.  The paper also examines the principles and terms of guarantee necessitates an assessment of the effect of the guarantee contract on the contracting parties, particularly whether the guarantor has the right of recourse to the guaranteed person for a refund. The researchers adopt qualitative research methodology to analyse and examine the data. Results: It was found that although guarantee is permissible in Islamic law, it is not absolute. In fact, to make it more Islamically acceptable or Shari’ah compliant there are other terms and conditions that the contract has to fulfil especially by the guarantor, guaranteed person as well as guaranteed asset. Results: Legal Guarantee is permissible in Islamic law to prevent harm that may happen to the traders and investors, and protect the public interest.  Classical and contemporary Muslim scholars’ views are that guarantee is not limited to guarantee for debt, but extended to the guarantee for other commercial transactions like guarantee of future liability and physical punishment.  Guarantee has its own pillars and conditions, which should be met in order for a guarantee contract to be a valid one. The researchers suggest to conduct empirical research in order to have a clear picture on the concept of legal guarantee for structuring Islamic financial products.

scholarly journals Heritage Management at the Local Level: Heritage Communities and Role of Local Authorities

2020 ◽  
Vol 15 (3) ◽  
Author(s):  
Jelka Pirkovič
Keyword(s):  
Public Interest ◽  
Local Level ◽  
Social Systems ◽  
Participatory Approach ◽  
Heritage Management ◽  
Local Authorities ◽  
The Public ◽  
World Heritage Convention ◽  
The World

Heritage management at the local level benefits heritage properties and serves the public interest. By using comparative and interpretative analyses, we argue for the use of the “heritage community” term in current heritage management, and analyse what this expression brings for the role of local authorities. We upgrade this definition with attributes that characterize heritage communities. The paper presents the evolution of the concept of participatory heritage management in the context of the Operational Guidelines for the Implementation of the World Heritage Convention. It tests the relevance of the participatory approach in the heritage field against the theory of social systems. Conclusions comprise principles defining the role of local authorities in facilitating direct participation of heritage communities in heritage management.

Conclusion

2020 ◽  
pp. 345-348
Author(s):  
Joseph Heath
Keyword(s):  
Public Administration ◽  
Public Interest ◽  
Democratic Theory ◽  
Civil Service ◽  
Administrative State ◽  
Constitutional Convention ◽  
The Public ◽  
Administrative Power ◽  
The Way

The growth of the administrative state creates a dilemma for the civil service. In order to guide the exercise of administrative power, it is compelled to develop its own conception of the public interest. And yet it appears to be prohibited from doing so both by democratic theory and constitutional convention. The solution to the dilemma lies in an understanding of the way that liberal principles inform the practice of public administration, in particular, the principles of efficiency, equality and liberty. This brief concluding chapter offers a summary of the argument, offered over the course of the book, in defense of this position.

Private Information in Public Hands: Confidentiality, Court Disclosure and the Public Interest

1979 ◽  
Vol 10 (4) ◽  
pp. 329-366
Author(s):  
Garth Nettheim
Keyword(s):  
Public Interest ◽  
Private Information ◽  
Freedom Of Information ◽  
Suggested Model ◽  
Public Agencies ◽  
Public Interests ◽  
The Public ◽  
Administration Of Justice ◽  
Tax Returns ◽  
Court Proceedings

Individuals and organisations are frequently required to provide public agencies with information about their affairs which they would not wish disseminated to others. Income tax returns represent one illustration. From time to time attempts are made to compel the recipient public agencies to produce such material as evidence in court proceedings. The agency may resist disclosure on the basis of a statutory secrecy provision and/or a claim to Crown privilege. The court is thus required to resolve a conflict between competing public interests: the public interest in the proper administration of justice, and the public interest in the ability of the agency to maintain the confidentiality of information entrusted to it. Professor Nettheim considers a number of decided cases and concludes that, on the whole, the courts have failed to develop a body of principles adequate to deal with the situation. In particular, established Crown privilege doctrines about waiver and secondary evidence are inappropriate in this context. The author puts forward a suggested model of principles and procedures, and notes that similar issues may arise for adjudication under Freedom of Information legislation, particularly in the form of the “reverse FOIA lawsuit”.

scholarly journals Reclaim the right to know toki and locate it online

2010 ◽  
Vol 16 (2) ◽  
pp. 10-14
Author(s):  
Lisa Williams-Lahari
Keyword(s):  
Public Interest ◽  
Freedom Of Information ◽  
Right To Know ◽  
The Public ◽  
Talking Heads ◽  
The Right To Know ◽  
Governance Process ◽  
The Media ◽  
The Right ◽  
The Impact

Commentary: A Cook Islands proverb goes like this: Taraia to toki, ei toki tarai enua – ‘Sharpen your adze, the adze to carve nations.’ Applying the proverb in this context, the toki/adze can be seen as the media. The right to know is the tool which keeps the adze strong and effective. When the toki is well prepared for its work, the impact on public debate and protection of media freedoms is strongest. The diversity of news outlets and ‘talking heads’ in the public domain helps foster a sense of public participation; and ownership of the governance process. When the adze is blunted by lack of Freedom of Information legislation, or by the failure of media workers to pressure for the public interest and the right to know, we see the deadening impacts that many of us can attest to in our countries.

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