Administrative Review: Beyond the Frontier Marked “Policy—Lawyers Keep Out”

1981 ◽  
Vol 12 (2) ◽  
pp. 121-157 ◽  
Author(s):  
M. D. Kirby

By a review of a series of comparable decisions in the Administrative Appeals Tribunal (AAT) some of the problems that may arise as the jurisdiction and role of the AAT continues to expand in the review on the merits of Commonwealth administrative decisions are identified. The problems include first, the apparent difficulty for democratic theory of unelected tribunal members (including persons who are also judges) reviewing policy determined by elected Ministers; secondly, the creation of a dichotomy between decisions made by the AAT and decisions of public servants faithfully and more consistently applying Ministerial policy; thirdly, the limitation upon the membership and procedures of the AAT which restrict any truly effective wide-ranging review of government policy; and, fourthly, the potential damage to community confidence in the judiciary, by the involvement of judges in the frank determination of controversial matters of public policy. The role of policy-making in the courts is acknowledged and similarities and differences in the function of the courts and the AAT in the review of policy issues are indicated. It is concluded that the AAT will require all arms of government in Australia to face more precisely the role of policy in adjudicative decision-making.

2007 ◽  
Vol 1 (1) ◽  
pp. 10-17 ◽  
Author(s):  
André Palmini ◽  
Victor Geraldi Haase

Abstract The constant conflict between decisions leading to immediate pleasurable consequences versus behaviors aiming at long-term social advantages is reviewed here in the framework of the evolutionary systems regulating behavior. The inescapable temporal perspective in decision-making in everyday life is highlighted and integrated with the role of the executive functions in the modulation of subcortical systems. In particular, the representations of the 'non-existent' future in the prefrontal cortical regions and how these representations can bridge theory and practice in everyday life are addressed. Relevant discussions regarding the battle between emotions and reasons in the determination of more complex decisions in the realm of neuroeconomics and in moral issues have been reserved for a second essay.


Author(s):  
Kirk Elizabeth A

This chapter considers the approaches taken by international regimes to address marine pollution. It identifies similarities and differences in approaches across time and different sources of pollution, the degree to which they follow an adaptive management approach, and the role of science in decision-making. It begins with an overview of the historical development of the law. It then discusses the current regime, covering general obligations and certain source-specific obligations. The final section contains conclusions and a discussion of current and future issues.


2016 ◽  
Vol 60 (4) ◽  
pp. 38-47
Author(s):  
E. Bazhan

The article reviews key aspects of the Italian presidents' activity under A. Pertini, F. Kossiga, O.L. Scalfaro, C.A. Ciampi and G. Napolitano. Special attention is paid to the comparative analysis of Carlo Azeglio Ciampi's and Giorgio Napolitano's presidency results, as well as of external factors correlating with these politicians' ratings, considering their significant influence on the head of state institute transformation during the period of their tenures. The aim of the paper is to review the examples of initiatives taken by C.A. Ciampi and G. Napolitano, which is necessary for highlighting new trends of the presidency development in Italy. Systematization and sequencing of popular approaches in the research allow to sort out distinctive characteristics of relations among three political actors: the head of state, political parties and the government. The author conducts comparative analysis of the two presidents' tenures results. The study of C.A. Ciampi's and G. Napolitano's ratings is carried out to determine a decision-making pattern. In the article, the examples of an informal instruments usage are considered, and their effectiveness is evaluated. In this respect, it is possible to review the transformation of the role of a president as an actor responsible for the country's political system stability. Relations between the prime-minister and the head of state are the subject for a separate consideration. In this article, the system analysis method together with other universal scientific approaches (comparative historical, institutional and structural-functional) are used. The contribution of this research consists of defining the role of informal instruments in the decision-making process. Unfortunately, in Russian bibliography, only limited attention is paid to domestic policy issues of the Second Italian Republic. However, the research conducted by the author should elucidate the specificity of presidency and its relations with other public institutes. This paper is addressed to scientists devoting themselves to the South Europe political research, particularly Italy, as well as to anyone interested in the Italian domestic policy issues. Additionally, it may be used in further comparative politics investigations, for the analysis of presidential activities in other European states.


Author(s):  
Augustine Nduka Eneanya

Over the past three decades, the relationship between ecology and public policy has changed because of the increasing role of scientific uncertainty in environmental policy making. While earlier policy questions might have been solved simply by looking at the scientific technicalities of the issues, the increased role of scientific uncertainty in environmental policy making requires that we re-examine the methods used in decision-making. Previously, policymakers use scientific data to support their decision-making disciplinary boundaries are less useful because uncertain environmental policy problems span the natural sciences, engineering, economics, politics, and ethics. The chapter serves as a bridge integrating environmental ecosystem, media, and justice into policy for public health and safety. The chapter attempts to demonstrate the linkage between the environmental policy from a holistic perspective with the interaction of air, water, land, and human on public health and safety.


Author(s):  
Amidu Owolabi Ayeni

Policy refers to the commitment of people or organization to the laws, regulations, and other green mechanisms concerning environmental issues. Community participation has become important in government, policy makers, and environmentalists over last few decades, and as a result, it is now an established principle as it is widely used not only in academic literature but in policy-making documents, international discussions, as well as in local debates when considering issues dealing with decision-making to achieve sustainable development. Implementation of green policy and community participation programs through representatives—organization, groups of individuals—enhances the benefits of polices and program and adds value to policy as well as making the policy's results and responses more effective and stronger.


Author(s):  
Augustine Nduka Eneanya

Over the past three decades, the relationship between ecology and public policy has changed because of the increasing role of scientific uncertainty in environmental policy making. While earlier policy questions might have been solved simply by looking at the scientific technicalities of the issues, the increased role of scientific uncertainty in environmental policy making requires that we re-examine the methods used in decision-making. Previously, policymakers use scientific data to support their decision-making disciplinary boundaries are less useful because uncertain environmental policy problems span the natural sciences, engineering, economics, politics, and ethics. The chapter serves as a bridge integrating environmental ecosystem, media, and justice into policy for public health and safety. The chapter attempts to demonstrate the linkage between the environmental policy from a holistic perspective with the interaction of air, water, land, and human on public health and safety.


Author(s):  
Anne-Marie D'Aoust

Foreign policy analysis (FPA) deals with the decision-making processes involved in foreign policy-making. As a field of study, FPA overlaps international relations (IR) theory and comparative politics. Studies that take into account either sex, women, or gender contribute to the development of knowledge on and about women in IR, which is in itself one of the goals of feminist scholarship. There are two main spheres of feminist inquiries when it comes to foreign policy: the role of women as sexed power holders involved in decision-making processes and power-sharing in the realm of foreign policy-making, and the role of gendered norms in the conduct and adoption of foreign policies. Many observers insist that feminism and foreign policy are linked only by a marriage of convenience, designed to either acknowledge the political accomplishments of women in the sphere of foreign policy such as Margaret Thatcher and Indira Ghandi, or bring attention to so-called “women’s issues,” such as reproduction rights and population control. Scholarship on women and/or gender in relation to foreign policy covers a wide range of themes, such as the role of women as political actors in decision-making processes and organizational structures; women’s human rights and gender mainstreaming; the impact of various foreign policies on women’s lives; and the concept of human security and the idea of women’s rights as a valid foreign policy objective. Three paradigms that have been explored as part of the study of women in comparative politics and IR are behavioralism, functionalism, and rational choice theory.


2016 ◽  
Vol 6 (2) ◽  
pp. 168
Author(s):  
Jafar Toroghi ◽  
Mahbubeh Arefi ◽  
Hadi Marjaee

University organizational development is a strategic effort for continuous and organized university performance, which can provide an ability to internally and environmentally meet the requirements in the academic settings. It needs some measures such as domestic capacities and competences in university, as well as collecting and analyzing the required information to support the decision making of university management, which are defined as the responsibilities of Office of Institutional Research (OIR). The present research aims to determine the strategic role of OIR in university organizational development, investigating its features and dimensions in the selected universities. The findings highlight the most important strategies of OIR as follow: 1.collection, analysis, and publication of information, 2.studying on the process, planning, performance, resources, and effectiveness of decision making units in universities, 3.supporting the decision making of university management in planning and policy making, and improving the quality. The results of the current research depict a conceptual pattern involving the strategic elements of institutional research.


2016 ◽  
Vol 18 ◽  
pp. 45-68 ◽  
Author(s):  
Emilia KORKEA-AHO

AbstractThe EU’s openness towards stakeholders is central to the legitimacy of its law-making. With the rapid globalisation of EU legislative activities, openness towards actors from third countries requires analysis. With reference to the notion of ‘lobbying’, this article outlines a framework for identifying the role of third country actors in EU policy processes. The two arguments brought forward suggest that third country lobbying is facilitated by the openness of Union law- and policy-making, and that third country actors contribute to EU decision-making at all stages. The article concludes with a set of questions that third country lobbying raises concerning the EU’s legitimate law-making authority in Europe and beyond.


2012 ◽  
Vol 488-489 ◽  
pp. 1651-1656 ◽  
Author(s):  
Mohammad Khorasani Amoli ◽  
Seyyed Milad Talebzadeh Hosseini ◽  
Morteza Salehi

In today world, decision-making has been converted into a vital issue for managers such that in some conditions, managers are encountered with some cases which correct decision- making guarantees the survival of company. Operations research is among the sciences which in direction for decision-making, helps the managers quantitatively and using of mathematical models which are called linear programming. In this paper, it is addressed to the significance and the role of operations Research in decision-making of managers and a definition about operations research is presented and two mathematical models are presented to help the decision-making of managers to provide customers orders with the least wastes and determination of human force and over-working.


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