Calibrated Proportionality

2019 ◽  
Vol 48 (1) ◽  
pp. 92-122
Author(s):  
Rosalind Dixon
Keyword(s):  
Political Communication ◽  
Judicial Review ◽  
High Court ◽  
Advantages And Disadvantages ◽  
True Hybrid ◽  
Key Dimensions ◽  
Context Specific ◽  
Single Approach ◽  
Over Time

The High Court currently applies two different tests to determine the validity of laws that effectively burden the implied freedom of political communication (‘IFPC’) under the Constitution—a test of ‘structured proportionality’ and one of ‘calibrated scrutiny’. Both tests have potential advantages, and disadvantages, but there is also a case that, over time, the Court should again adopt a single approach to assessing the validity of laws burdening the IFPC. The article therefore explores what it might mean to create a true hybrid between the two current approaches—that is, a test of ‘calibrated proportionality’. Such an approach, it suggests, should be understood as having three key dimensions: first, explaining how and when certain context-specific ‘calibrating’ factors could usefully inform a test of ‘necessity’ and ‘adequacy in the balance’ under a test of structured proportionality; second, showing how attention to constitutional values can help calibrate the intensity of the Court’s application of the tests; and third, suggesting a well-identified continuum for calibrating the intensity of judicial review, based on four broad categories of case.

A Comparison of General and Context-Specific Personality Traits Over Time

2011 ◽  
Author(s):  
Kevin J. Eschleman ◽  
Nathan A. Bowling ◽  
Gary N. Burns
Keyword(s):  
Personality Traits ◽  
Context Specific ◽  
Over Time

The Stabilization Process Then and Now

2018 ◽  
Author(s):  
Ben Epstein
Keyword(s):  
Political Communication ◽  
Status Quo ◽  
The Political ◽  
The Internet ◽  
Stabilization Process ◽  
The Third ◽  
Stabilization Phase ◽  
Over Time

This chapter shifts the focus to the third and final stabilization phase of the political communication cycle (PCC). During the stabilization phase, a new political communication order (PCO) takes shape through the building of norms, institutions, and regulations that serve to fix the newly established status quo in place. This status quo occurs when formerly innovative political communication activities become mundane, yet remain powerful. Much of the chapter details the pattern of communication regulation and institution construction over time. In particular, this chapter explores the instructive similarities and key differences between the regulation of radio and the internet, which offers important perspectives on the significance of our current place in the PCC and the consequences of choices that will be made over the next few years.

Cannons over the EU legal order: The decision of the BVerfG (5 May 2020) in the Weiss case

2021 ◽  
Vol 28 (1) ◽  
pp. 123-142
Author(s):  
Filippo Annunziata
Keyword(s):  
Monetary Policy ◽  
Judicial Review ◽  
Legal Order ◽  
Banking Union ◽  
Preliminary Ruling ◽  
Banking Supervision ◽  
The Public ◽  
Changes Over Time ◽  
Over Time ◽  
The Eu

The Weiss affair, culminating in the BVerfG ruling of 5 May 2020 ( Weiss II), marks a break-up point in the long-standing dialogue between the BVerfG and the CJEU. The judges in Karlsruhe refused to follow the decision rendered by the CJEU in a preliminary ruling ( Weiss I) and ordered EU institutions to provide further clarifications on the proportionality assessment of the Public Sector Purchase Programme. This paper claims that the principles applied by the BVerfG in Weiss I are quite similar to those employed in the Gauweiler and Landeskreditbank-Banking Union cases. Considering that background, it will be argued that the construction of the principles employed by the BVerfG for the judicial review of EU acts did not undergo dramatic changes over time. The different outcome of Weiss II is due to the fact that, according to the BVerfG, insufficient elements of explanation and justification were provided by the ECB and the CJEU. Therefore, the central problem of Weiss II ends up being a procedural question of allegedly insufficient statements of reasons. From Gauweiler to Weiss II, one also sees the development of the standards for the judicial review of the ECB’s decisions, in the fields of both monetary policy and banking supervision.

scholarly journals Stable individual differences in strategies within, but not between, visual search tasks

2018 ◽  
Author(s):  
Alasdair D F Clarke ◽  
Jessica Irons ◽  
Warren James ◽  
Andrew B. Leber ◽  
Amelia R. Hunt
Keyword(s):  
Individual Differences ◽  
Visual Search ◽  
Search Task ◽  
The Other ◽  
Search Performance ◽  
Search Tasks ◽  
And Performance ◽  
Context Specific ◽  
Test Retest Reliability ◽  
Over Time

A striking range of individual differences has recently been reported in three different visual search tasks. These differences in performance can be attributed to strategy, that is, the efficiency with which participants control their search to complete the task quickly and accurately. Here we ask if an individual's strategy and performance in one search task is correlated with how they perform in the other two. We tested 64 observers in the three tasks mentioned above over two sessions. Even though the test-retest reliability of the tasks is high, an observer's performance and strategy in one task did not reliably predict their behaviour in the other two. These results suggest search strategies are stable over time, but context-specific. To understand visual search we therefore need to account not only for differences between individuals, but also how individuals interact with the search task and context. These context-specific but stable individual differences in strategy can account for a substantial proportion of variability in search performance.

scholarly journals Predicting context specific enhancer-promoter interactions from ChIP-Seq time course data

2017 ◽  
Author(s):  
Tomasz Dzida ◽  
Mudassar Iqbal ◽  
Iryna Charapitsa ◽  
George Reid ◽  
Henk Stunnenberg ◽  
...  
Keyword(s):  
Estrogen Receptor Alpha ◽  
Time Course ◽  
Target Genes ◽  
Mcf7 Cells ◽  
Genome Wide ◽  
A Genome ◽  
Machine Learning Approach ◽  
Protein Occupancy ◽  
Context Specific ◽  
Over Time

We have developed a machine learning approach to predict context specific enhancer-promoter interactions using evidence from changes in genomic protein occupancy over time. The occupancy of estrogen receptor alpha (ERα), RNA polymerase (Pol II) and histone marks H2AZ and H3K4me3 were measured over time using ChIP-Seq experiments in MCF7 cells stimulated with estrogen. A Bayesian classifier was developed which uses the correlation of temporal binding patterns at enhancers and promoters and genomic proximity as features to predict interactions. This method was trained using experimentally determined interactions from the same system and was shown to achieve much higher precision than predictions based on the genomic proximity of nearest ERα binding. We use the method to identify a genome-wide confident set of ERα target genes and their regulatory enhancers genome-wide. Validation with publicly available GRO-Seq data demonstrates that our predicted targets are much more likely to show early nascent transcription than predictions based on genomic ERα binding proximity alone.

Judicial Review of Knesset Decisions by the High Court of Justice

1994 ◽  
Vol 28 (1) ◽  
pp. 43-56 ◽  
Author(s):  
Meir Shamgar
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Limited Range ◽  
Democratic Regime ◽  
High Court ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
The Subject

Some fifteen years ago, an address on the subject of judicial review of the actions of the Knesset would have been extremely short and quite familiar to English jurists. Our practice was basically the same as in England: the Parliament is sovereign, its laws inviolate, and its inner proceedings immune from review.Beginning with two decisions in the early 1980s, Flato-Sharon and Sarid, the Court has gradually recognized the justiciability of a limited range of Knesset decisions. While the precise level of review varies according to the type of decision at issue, the Court's review has been motivated in all cases by the need to preserve the rule of law and the integrity of our democratic regime.

The Dimensions of Allocations of Authority

2019 ◽  
pp. 31-52
Author(s):  
Alejandro E. Camacho ◽  
Robert L. Glicksman
Keyword(s):  
Regulatory Authority ◽  
Social Problems ◽  
Advantages And Disadvantages ◽  
Key Dimensions ◽  
Degree Of Overlap

This chapter analyzes the three key dimensions for characterizing the allocation of regulatory authority. The most frequently analyzed dimension, centralization/decentralization, focuses on the scale(s) or level(s) of government-granted jurisdiction. The overlapping/distinct dimension considers the degree of overlap in governmental authority among multiple government bodies with concurrent jurisdictions. Two governmental entities have overlapping jurisdictions only to the extent that both their substantive and functional authority is concurrent. Finally, the coordinated/independent dimension, which uniquely focuses on the interaction between agencies, considers the extent to which authority is exercised independently or in coordination with other governmental entities. Coordination can vary in its degree of hierarchy and in its discretion, duration, frequency, and formality. Each dimension measures a particular component of regulatory authority, with each dimensional pole representing mostly different sets of policies and ultimately values tradeoffs over the appropriate design for managing social problems. The chapter thus explores the potential advantages and disadvantages of situating or shifting agency authority at each end of the spectrum represented by each dimension.

Social Communication Management Modelling

2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Olena Tkachenko ◽  
Iryna Zhylenko ◽  
Nataliya Poplavska ◽  
Irina Virchenko ◽  
Inna Havryliuk ◽  
...  
Keyword(s):  
Social Communication ◽  
Communication Management ◽  
Advantages And Disadvantages ◽  
Efficient Management ◽  
Social Communications ◽  
Management Staff ◽  
Enterprise Analysis ◽  
Single Approach

The article highlights the issues of effective and efficient management of social communications at the enterprise. Analysis of the literature has shown that there is no single approach to determining the essence of social communications of an enterprise. The authors studied the essence and place of social communications in the enterprise; examined in detail their types, advantages and disadvantages. This made it possible to develop a model for managing organisational social communications. The authors also graphically presented main obstacles to effective communications and developed a matrix for the distribution of responsibilities and powers of management staff involved in the process of providing (forming, maintaining or improving) social communications of the enterprise.

Propaganda

2018 ◽  
Author(s):  
David Beard
Keyword(s):  
Public Relations ◽  
20Th Century ◽  
Political Communication ◽  
Democratic Society ◽  
Political Organizations ◽  
Distorted Communication ◽  
The Masses ◽  
Over Time

Propaganda is the term for a variety of communication phenomena developed in the 20th century. As such, its meaning has changed over time from a largely neutral description of public relations and political communication towards an account of systematically distorted communication. The earliest major American proponent of the term, Edward Bernays (1891–1995), claimed that the ‘conscious and intelligent manipulation of the organized habits and opinions of the masses is an important element in democratic society’ (Bernays, 1928: 1). Bernays believed that ‘propaganda’, for him, a political variation on public relations work, was a tool used by political organizations and eventually businesses to organize and manipulate the desires, actions and will of the masses.

R v Inspectorate of Pollution, ex parte Greenpeace Ltd (No. 2) [1994] 2 CMLR 548, High Court (Queen’s Bench Division)

2019 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Public Interest ◽  
Judicial Review ◽  
Expert Knowledge ◽  
Public Law ◽  
High Court ◽  
The Public

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Inspectorate of Pollution, ex parte Greenpeace Ltd (No. 2) [1994] 2 CMLR 548, High Court (Queen’s Bench Division). This case concerned whether organizations could demonstrate a sufficient interest for the purposes of bringing a judicial review on the basis of their expert knowledge and the public interest in bringing an application for review forward. The document also includes supporting commentary from author Thomas Webb.

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