Proportionality and Compromises

2020 ◽  
Vol 17 (1) ◽  
pp. 75-97
Author(s):  
Véronique Zanetti
Keyword(s):  
Public Good ◽  
Legislative Process ◽  
Constitutional Rights ◽  
Individual Rights ◽  
The Public ◽  
Public Purpose ◽  
Legal Context ◽  
Principle Of Proportionality ◽  
The Impact ◽  
Special Case

When individual rights, especially constitutional rights, compete with other rights or with a public good, judges and politicians involved in the legislative process or jurisdictional process are expected to balance their decision in such a way that the gain from achieving the goal mitigates the costs of the resulting loss for the parties. Jurists speak of the doctrine of proportionality in connection with this process of balancing. In the proportionality calculus, judges have to evaluate whether the impact on individual rights outweighs the public purpose pursued through a state’s legal activity. I will argue that the procedure of proportionality is similar to the procedure of reaching a compromise. More precisely, I will defend that compromise is a special case of the principle of proportionality, for it applies when claims cannot be balanced or in the absence of an overarching principle on which all the parties agree. With this, I aim to show the connection between the principle of proportionality and compromises without conflating these two concepts, and to offer new perspectives on the discussion of proportionality as it is used in the legal context.

scholarly journals Brutus' Ultimum dilemma or Is there a moral justification for killing Caesar?

2020 ◽  
Vol 14 (2) ◽  
pp. 517-534
Author(s):  
Evgenij Derzhivitskij ◽  
Vadim Perov ◽  
Andrey Polozhentsev
Keyword(s):  
Public Good ◽  
Public Utility ◽  
Moral Justification ◽  
Moral Choice ◽  
Ethical Thought ◽  
Philosophical Reflection ◽  
The Public ◽  
Public Purpose ◽  
Political Works ◽  
The Way

The article examines how to apply moral and philosophical reflection in the commission of a crime. An action is the result of solving an equation with many variables. This is overcoming legal, moral, philosophical, and emotional contradictions. However, modern legal and ethical thought closes the way for understanding its causes and motives. As an example, we examine the conspiracy and murder of Caesar in Rome in 44 BC. The article reveals objective differences in the understanding of morality in antiquity and in modern ethical science. Here we analyze the philosophical and ethical grounds that will help solve this dilemma. First of all, we considered the philosophical and political works and letters of Cicero. His reasoning about the duties of a citizen might have influenced Brutus' decision to participate in the conspiracy against Caesar and accept the moral choice as his fate. Brutus did not act as a murderer, but as an exponent of public purpose and public utility, for whom the purpose of the act was the public good, incompatible with tyranny.

Building the Queenslander: the contribution of school architecture to the formation of the child

1996 ◽  
Vol 3 (2) ◽  
pp. 86-99
Author(s):  
Colin Symes
Keyword(s):  
Public Good ◽  
Michel Foucault ◽  
Classroom Practice ◽  
Social Planning ◽  
Special Significance ◽  
School Architecture ◽  
The Public ◽  
Educational Inquiry ◽  
The Impact ◽  
Conditions Of Learning

The material practices of school, as they relate to the child, have not figured prominently in the repertoire of educational inquiry. They have been examined only in so far that their understanding might result in optimising the conditions of learning or provide systematic explanations as to why school processes are inadequate. Any idea that the practices themselves might encode and instantiate visions of childhood and pedagogy contingent on broader schemes of social planning and ideas of the public good, does not appear to have entered the purview of those writing about education. Under the impact of thenouvelle histoireof Philippe Ariès and Michel Foucault, this situation is being redressed and there is an evolving body of literature devoted to the genealogy of classroom practice, with a specific focus on its origins and underpinning logics. Of special significance to such practice is the venue in which it takes place, namely, the school, which is a specialised form of architecture, housing a range of furnishings and facilities designed to enhance the positions of teacher and child in such a way as to advance the cause of education.

scholarly journals Public Education: the ultimatum for the profession

1998 ◽  
Vol 162 ◽  
pp. 176-179
Author(s):  
M. Othman
Keyword(s):  
Public Education ◽  
Public Good ◽  
Target Group ◽  
Target Groups ◽  
Educational Aims ◽  
The Public ◽  
The Impact

The impact of public education is without question in the ‘public good’ domain and hence there is really no need to justify the demand for it. However, some professionals and scientists remain unconvinced about the necessity for it. This paper will lay out the benefits it holds for the scientists, categorise the target groups and identify the methods of approach for each target group and finally outline some strategies that can be adopted to achieve the educational aims.

Individual Rights and the Public Good

1970 ◽  
Vol 3 (2) ◽  
pp. 226-242 ◽  
Author(s):  
Judith Gallatin ◽  
Joseph Adelson
Keyword(s):  
Public Good ◽  
Individual Rights ◽  
The Public

scholarly journals When Head Office Was Upstairs: How Corporate Concentration Changed a Television Newsroom

2005 ◽  
Vol 30 (3) ◽  
Author(s):  
James S. McLean
Keyword(s):  
Public Good ◽  
Work Lives ◽  
Daily Work ◽  
The Public ◽  
Head Office ◽  
Technological Structure ◽  
Corporate Concentration ◽  
The One ◽  
The Impact

Abstract: This paper undertakes a case study into the impact of corporate concentration on the newsroom at CKCK (CTV) Television in Regina, Saskatchewan. By comparing the newsgathering operation from the late 1980s with the one in operation today, changes to the organizational and technological structure of CKCK Television are pinpointed with respect to the effects on the work lives of journalists. This is accomplished through interviews with past and present employees and by observing the newsroom environment as it exists today. Through an assessment of daily work structures and the controls that are institutionally imposed, the manner in which journalists serve the public good is considered and questioned. Résumé : Cet article entreprend une étude de cas sur l’impact qu’a eu une convergence d’entreprises sur la salle des nouvelles de la station de télévision CKCK (CTV) à Régina au Saskatchewan. En comparant la collecte de l’information dans les années 1980 à celle de nos jours, l’article souligne comment les changements apportés à la structure organisationnelle et technologique de CKCK ont modifié le travail des journalistes. L’article atteint ce but au moyen d’entretiens avec des employés, tant anciens qu’actuels, et de l’observation de la salle des nouvelles telle qu’elle est aujourd’hui. En évaluant les structures établies pour le travail quotidien et les contrôles imposés par la station, l’article met en question combien les journalistes aujourd’hui sont réellement libres de servir le bien commun.

Zasada szybkości w postępowaniach w sprawach przygotowania i realizacji inwestycji infrastrukturalnych

2020 ◽  
Vol 30 ◽  
pp. 174-188
Author(s):  
Przemysław Ostojski ◽  
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
The Public ◽  
Constitutional Principle ◽  
Infrastructure Investments ◽  
Principle Of Proportionality ◽  
Administrative Proceedings ◽  
The Right

The article concerns the principle of speed in the proceedings regarding the implementation of infrastructure investments. The analysis of individual legal institutions is aimed at assessing statutory regulations of investment acts in the scope of the principle of speed. The aim of the analysis is to verify the assertion that the implementation of specific law-related rules in special investment documents connected with giving priority to the speed of administrative proceedings followed the constitutional principle of proportionality. As a result of the conducted analysis, it should be stated that the implementation of the principle of speed of proceedings to investment acts does not fundamentally violate the essence of constitutional rights of individuals – including the right to challenge decisions and the right to protect of rightly acquired rights. The legislator limits the principles of transparency, as well as the principle of active participation of the party in administrative proceedings, but does not eliminate these principles. Regardless of this, the legislator infringes in the analyzed Acts the essence of the party’s right to submit an application for temporary protection in administrative proceedings. The legislator violates in a qualified manner – due to the public interest – the rule of law and two-instance, preventing the appeals authority in the course of the instance of repealing the decision in its entirety, if the defect affects only its part concerning the property.

ISLAMIC INSTITUTIONS AND PROPERTY RIGHTS: THE CASE OF THE 'PUBLIC GOOD' WAQF

2001 ◽  
Vol 44 (1) ◽  
pp. 44-74 ◽  
Author(s):  
Maya Shatzmiller
Keyword(s):  
Property Rights ◽  
Public Good ◽  
Legal Cases ◽  
The Public ◽  
Institutional Economic ◽  
Economic Progress ◽  
Learning Institutions ◽  
The Impact ◽  
Theoretical Paradigms ◽  
Muslim Spain

AbstractThe paper examines the institutional economic performance of the public good waqf with the intent of demonstrating the relevance of institutions to the momentous debate over Islamic backwardness and European progress and the waqf's role as supporter of learning institutions and promoter of social integration. Through the application of two sets of theoretical paradigms designed for measuring institutional behaviour, property rights and institutional arrangements, to legal cases supplied by fatwās from North Africa and Muslim Spain it will be possible to analyze and evaluate the impact of one of the major institutions of the premodern Islamic world on economic progress. L'article étudie la performance économique du waqf fiduciaire public, (waqf khairī), en tant qu'institution économique. Le but est de démontrer la pertinence de cette performance quant au débat sur la décadence économique des sociétés musulmanes par rapport au progrès que connut l'Europe. Sera étudié le rôle de l'activité économique institutionelle du waqf en général, et particulièrement dans les fonctions qui lui étaient attribuées, comme le soutien des institutions scolaires ainsi que la promotion de l'integrité sociale. Par l'application de deux paradigmes théoriques conçues pour mesurer le comportement institutionel, les droits de propriété et l'adaptation aux changements dans les conditions économiques rapportés par les documents juridiques tels les fatwās de l'Afrique du Nord et de l'Espagne musulmane, il sera possible d'analyser et d'évaluer l'impact de l'une des plus importantes institutions du monde islamique pré-moderne sur le progrès économique.

scholarly journals Land Banks' Impact on Agrarian Reform and Equitable Land Redistribution

2021 ◽  
Vol 20 (2) ◽  
Author(s):  
Iswantoro Iswantoro ◽  
Resti Dian Luthviati
Keyword(s):  
Public Good ◽  
Public Interest ◽  
Agrarian Reform ◽  
Job Creation ◽  
The Public ◽  
Land Redistribution ◽  
The Government ◽  
The Impact ◽  
Land Bank ◽  
Abandoned Lands

<p>Agrarian Reform and Land Redistribution have been pursued by the government in various ways. Still, the key question is whether establishing a Land Bank will result in a fair redistribution of land. The purpose of this study is to examine the impact of land banks on agrarian reform and equitable land redistribution following the passage of the Job Creation Act. The findings revealed that the land bank only has a few abandoned lands that are not held by the state, which will be used by the form based on public interest and subsequently handed to the community. The existence of a land bank is a government endeavor to offer land for the public good and for persons who require it.</p>

scholarly journals Przezwyciężanie kryzysu w procesie integracji europejskiej poprzez zmiany regulacji dotyczących udziału obywateli UE w podejmowaniu i realizacji decyzji

2015 ◽  
pp. 64-95 ◽  
Author(s):  
Marta Witkowska
Keyword(s):  
Decision Making ◽  
Citizen Participation ◽  
Research Problem ◽  
Decision Making Process ◽  
Legislative Process ◽  
The Public ◽  
Theoretical Approaches ◽  
Two Stages ◽  
The Impact ◽  
The Eu

The main purpose of this paper is to analyse the impact of citizen participation-enabling mechanisms in the EU decision-making process on the legitimacy of the Union. The inquiry measures and categorises participation in the EU, utilising the analytic instruments developed in existing theoretical approaches. The research problem is the evaluation of conditions created in the EU for active participation in the public life for their potential of overcoming the crisis in the European integration process. The aim of the study has been accomplished in two stages. First, the legislative process in the EU has been presented, with law-making and implementation phases distinguished. Second, the different kinds of participation in the EU have been categorised and their intensity described. The categorisation is adapted from the distinction made by W. Tegtmeier. The author is testing the hypothesis that the multitude of modes of engaging citizens in the decision making process in the EU confirms the Union’s legitimacy. She concludes that citizen participation in the decision-making at the EU level could potentially positively contribute to the process of overcoming the crisis of democracy in the EU.

REACH Meets Business: Lessons Learned in REACH Impact Assessments

2005 ◽  
Vol 2 (3) ◽  
pp. 199-203 ◽  
Author(s):  
Thomas Jostmann ◽  
Lothar Kistenbruegger
Keyword(s):  
Success Factors ◽  
Common Ground ◽  
Real Life ◽  
Lessons Learned ◽  
Legislative Process ◽  
Strategic Partnerships ◽  
The Public ◽  
Ex Post ◽  
Legislative Proposal ◽  
The Impact

AbstractImpact assessments and strategic partnerships for testing a legislative proposal under real life conditions are very important elements in the legislative process to support the initiative of the European institutions for "better law making". Identifying the mechanisms and the impact of a new legislative act on those parties directly affected by it should not only be used as facile justification "ex post" but as a tool to check the workability and effectiveness of the proposed legal text. Timing and composition of the working group managing the project are crucial success factors to achieve better understanding of the applicability and the potential effects on social, ecological and economical aspects. A firm commitment of all involved parties is essential to avoid seriously conflictive discussions and controversial communication to the public which basically undermines the good work commenced on common ground. However, transparency in the entire process does not guarantee a common interpretation of the final results.

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