scholarly journals Understanding how decision-makers practice discretion in the context of the Habitual Residence Condition in the Republic of Ireland

2020 ◽  
Vol 28 (2) ◽  
pp. 143-167
Author(s):  
Majka M Ryan ◽  
Martin J Power

This paper seeks to gain a greater understanding of how decision-makers practice discretion in the context of the Habitual Residence Condition, an additional criterion for eligibility to social assistance payments in the Republic of Ireland. The paper identifies two approaches to using discretion: nomocratic and telocratic, with both largely emerging as a result of specific structural and cultural conditions that exist within the organisations concerned, and directly impacting the decision-making practices of public servants. Some decision-makers are found to be happy to make discretionary decisions, while others struggle, resist and protest against the deployment of discretion in the provision of social assistance, instead arguing for rigid rules that can be applied to all welfare applicants.

2021 ◽  
Vol 21 (1) ◽  
pp. 33-57
Author(s):  
Mirko Pečarič

This paper presents a new form of discretion that deals with subliminal (personal) preferences, which are present in discretionary decision-making (where the mental, cognitive functions of public servants, mixed with their character and “dressed” with sophistic, logically well-explained and legally allowed reasons are present). This paper presents employee discretion that could be a denominator of the public employees’ will to do or not to do something, to give lesser or greater weight to something. The power to choose is hence not only possible in legal frameworks but also outside of them. So far, informal power has been viewed in the law as the illegal one, although there are many informal, especially personal elements involved in the legal decision-making that are never brought to light. This paper offers a promising approach to how decisions can be similar in similar matters, despite their differences in personal backgrounds, cognitive capabilities or emotional variances. This can be done if Bayes’ theorem is used. Probability can here be established based on how much we believe something after we have seen the evidence; this depends not only on what the evidence shows but also on our pre-existing preferences (pre-investigation, prior probability or just a prior) or weights that affect our view on evidence or how much we believed in the evidence from the start. By assessing priors, decision-makers can become more comfortable with probability and uncertainty, and at the same time, the “echo chambers” of unfounded claims can be avoided. This way, subjective preferences could be known to others, while the principles of equality and equity could be raised to a higher level. Further development of employee discretion is based on the same grounds as this type of discretion – on our personal (in)actions.


Politics ◽  
2007 ◽  
Vol 27 (3) ◽  
pp. 174-181 ◽  
Author(s):  
Fiona Buckley ◽  
Neil Collins ◽  
Theresa Reidy

In an attempt to facilitate greater voting participation in the Republic of Ireland, photographs of candidates have been placed on the ballot paper for local, national and European elections. Limited research undertaken in advance of the implementation of the photograph policy advised that the measure would assist people with literacy problems. However, social psychology research has long demonstrated that people are willing to make considerable judgements about a person when shown a photograph. The advent of ballot paper photographs allows candidates to be evaluated on the basis of their appearance. This article will explore how photographs could have become a factor in voter decision-making. Providing additional knowledge to encourage greater participation and engagement has introduced a possible new level of superficiality into the voter decision-making process.


2008 ◽  
Vol 15 (1) ◽  
pp. 110-120 ◽  
Author(s):  
Jacinta Kelly

The aim of this study was to ascertain nurses' and doctors' perspectives on the practice of slow codes, which are cardiopulmonary resuscitative efforts that are intentionally performed too slowly for resuscitation to occur. A Heideggerian phenomenological study was conducted in 2005, during which data were gathered in the Republic of Ireland from three nurses and two doctors (via unstructured interviews) and analysed using Colaizzi's reductive procedure. Slow codes do occur in Ireland and are intended as beneficent acts. However, slow codes were identified as pointless and undignified when intrusive measures were employed. There is a need for discussion on the topic of slow codes in Ireland, and for aids to cardiopulmonary resuscitation decision making to be developed, such as advance directives, communication training, clinical guidelines and an explanatory leaflet for patients and families.


2020 ◽  
Vol 3 ◽  
pp. 29-39
Author(s):  
Cansu Bozdogan ◽  
Alper Odabas

Measuring and evaluating financial performance in healthcare enterprises is important for decision-makers to evaluate the past and comment on the future. In this study, Turkey hospital services of the sub-sectors of evaluate the financial performance are aimed. For this purpose, the Republic of Turkey's financial performance with ELECTRE method that the Central Bank released was that the industry's financial performance between the data with the help of hospital services sub-sectors of the 2008-2016 years are taken from the balance sheet of the multi-criteria decision-making methods were measured. As a result, Turkey hospital services sub-sectors of the 9-years financial performance is evaluated, starting from the years of exchange between hospital services sub-sectors will contribute to the users about the results we have tried to be included.


2020 ◽  
Vol 124 (1) ◽  
pp. 15-31 ◽  
Author(s):  
Katherine Side

In the context of Ireland’s new legislation governing abortion, I outline and examine the spatial consequences of political decision-making. I argue that Ireland’s new abortion law and its clinical guidance permit travel for some pregnant people but impose fixity on others. I analyse the spatial consequences of legal limitations, including non-medically necessary delays in care and medical control of medication abortions, that necessitate travel for abortion. I demonstrate how current laws fix some pregnant people in place, including diverse migrant populations within Ireland, with no possibilities for abortion-related travel. This critique of the ‘new’ law demonstrates the Irish state’s continued political and medical control of abortion.


1992 ◽  
Vol 2 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Ciaran Mc Cullagh

There is a tradition in the sociological study of punishment that emphasises the relationship between conditions in the economy, in particular the level of unemployment, and the numbers sent to prison. This paper examines this relationship in the Irish context using data from the period 1951 to 1988. It finds that the relationship only holds in the period from the late 1970s onwards. It suggests that an examination of why this relationship exists needs to look at the ‘vocabulary of motives’ used by key decision-makers in the criminal justice system, and in particular by the judiciary.


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