scholarly journals The framing of power in communicative planning theory: Analysing the work of John Forester, Patsy Healey and Judith Innes

2021 ◽  
pp. 147309522110432
Author(s):  
Martin Westin

In this paper, I analyse the framing of power in streams of communicative planning influenced by American pragmatism, sociological institutionalism and alternative dispute resolution. While scholars have heavily debated Habermasian communicative planning theory, the broader conception of power across these linked, but distinct, streams of the theory remains to be explicated. Through analysis of 40 years’ of publishing by John Forester, Patsy Healey and Judith Innes – widely cited representatives of these three streams – a broader account of the treatment of power in communicative planning is established. The analysis shows that the streams of communicative planning provide distinct approaches to power with a joint focus on criticising conflictual illegitimate power over and developing ideas for how consensual power with might arise through agency in the micro practices of planning. Even if communicative planning thereby offers more for reflections on power than critics have acknowledged, the theory still leaves conceptual voids regarding constitutive power to and legitimate power over.

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract


2020 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Miswardi Miswardi

<p align="center"> </p><p><em>In line with the increasing demands of the business in the era of globalization, especially related to the resolution of business conflicts, business people have tried to find alternative dispute resolution methods other than justice. This is because the judicial institution as a legal institution that should be able to play its role in efforts to resolve various kinds of business conflicts, is in reality not as expected by business people. There is support for normative formalities. Therefore alternative dispute resolution institutions can be used as a very possible choice. This alternative institution is considered more effective in various aspects of business dispute resolution, in response to the demands of very fierce business competition. Some economic benefits gained from choosing a solution through ADR (Alternative Despute Resolution) are that this model is not formal, saves more time and also minimize costs in dispute resolution.</em></p><p> </p>


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