scholarly journals The reshaping of the administrative procedure through technology as an opportunity to reinforce subjects’ rights

2020 ◽  
pp. 7-28
Author(s):  
Ana Neves

The digital transformation of public administrations is visible in the way several services are being delivered, in the communication tools that are being used and on access to administrative information. Technology intervenes more deeply in decision-making procedures. The administrative decisions are increasingly based on automated processing, either partially or fully. Automated decision-making can facilitate the correctness of decisions, insofar as computing and algorithms potentially make the application of law less conducive to errors of fact and errors of law, and to motivations beyond the protected legal interests. It, however, poses interesting challenges: it redefines the very concept of executive application of the law (e.g., creating or making use of an administrative intermediate rationality), of procedural information gathering, of the duty to give reasons for decisions and of the way of reviewing them. Regardless of the automatization of decision-making, the administrative information systems interoperability conciliated with the data portability right redefine the gathering of information and evidence, reinforcing the principle of investigation, which can mean a higher accuracy of fact-finding with less burden on individuals. In both cases, the use of technology in the administrative procedure demands rethinking the meaning of central values of the exercise of administrative powers.

2020 ◽  
pp. 189-217
Author(s):  
Louise Dennis ◽  
Michael Fisher

AbstractThe move towards greater autonomy presents challenges for software engineering. As we may be delegating greater responsibility to software systems and as these autonomous systems can make their own decisions and take their own actions, a step change in the way the systems are developed and verified is needed. This step involves moving from just considering what the system does, but also why it chooses to do it (since decision-making may be delegated). In this chapter, we provide an overview of our programme of work in this area: utilising hybrid agent architectures, exposing and verifying the reasons for decisions, and applying this to assessing a range of properties of autonomous systems.


1999 ◽  
Vol 38 (04/05) ◽  
pp. 279-286 ◽  
Author(s):  
L. L. Weed

AbstractIt is widely recognised that accessing and processing medical information in libraries and patient records is a burden beyond the capacities of the physician’s unaided mind in the conditions of medical practice. Physicians are quite capable of tremendous intellectual feats but cannot possibly do it all. The way ahead requires the development of a framework in which the brilliant pieces of understanding are routinely assembled into a working unit of social machinery that is coherent and as error free as possible – a challenge in which we ourselves are among the working parts to be organized and brought under control.Such a framework of intellectual rigor and discipline in the practice of medicine can only be achieved if knowledge is embedded in tools; the system requiring the routine use of those tools in all decision making by both providers and patients.


2017 ◽  
Vol 13 (2) ◽  
pp. 169-184 ◽  
Author(s):  
Shuya Kushida ◽  
Takeshi Hiramoto ◽  
Yuriko Yamakawa

In spite of increasing advocacy for patients’ participation in psychiatric decision-making, there has been little research on how patients actually participate in decision-making in psychiatric consultations. This study explores how patients take the initiative in decision-making over treatment in outpatient psychiatric consultations in Japan. Using the methodology of conversation analysis, we analyze 85 video-recorded ongoing consultations and find that patients select between two practices for taking the initiative in decision-making: making explicit requests for a treatment and displaying interest in a treatment without explicitly requesting it. A close inspection of transcribed interaction reveals that patients make explicit requests under the circumstances where they believe the candidate treatment is appropriate for their condition, whereas they merely display interest in a treatment when they are not certain about its appropriateness. By fitting practices to take the initiative in decision-making with the way they describe their current condition, patients are optimally managing their desire for particular treatments and the validity of their initiative actions. In conclusion, we argue that the orderly use of the two practices is one important resource for patients’ participation in treatment decision-making.


2017 ◽  
Vol 12 (1) ◽  
pp. 50-77
Author(s):  
Sarah Weiss

This article examines Rangda and her role as a chthonic and mythological figure in Bali, particularly the way in which Rangda’s identity has intertwined with that of the Hindu goddess Durga— slayer of buffalo demons and other creatures that cannot be bested by Shiva or other male Hindu gods. Images and stories about Durga in Bali are significantly different from those found in Hindu contexts in India. Although she retains the strong-willed independence and decision-making capabilities prominently associated with Durga in India, in Bali the goddess Durga is primarily associated with violent and negative attributes as well as looks and behaviours that are more usually associated with Kali in India. The reconstruction of Durga in Bali, in particular the integration of Durga with the figure of the witch Rangda, reflects the local importance of the dynamic relationship between good and bad, positive and negative forces in Bali. I suggest that Balinese representations of Rangda and Durga reveal a flux and transformation between good and evil, not simply one side of a balanced binary opposition. Transformation—here defined as the persistent movement between ritual purity and impurity—is a key element in the localization of the goddess Durga in Bali.


1992 ◽  
Vol 25 (3) ◽  
pp. 13-21
Author(s):  
R. L. Williamson

The American approach to environmental regulation is characterized by fragmentation of responsibilities, primary reliance on command and control regulations, extraordinary complexity, a preference for identifiable standards, and heavy resort to litigation. This system has provided important benefits, including significant reduction of environmental contamination, substantial use of science in decision-making, broad participatory rights, and the stimulation of new treatment technologies. However, these gains have been achieved at excessive cost. Too much reliance is placed on command and control methods and especially on technology-based standards. There is too much resort to litigation, and inadequate input from science. Participatory rights are being undermined, and there is a poor allocation of decision-making among the federal agencies and the states. Over-regulation sometimes leads to under-regulation, and insufficient attention is given to the impact on small entities. The responsibility for these difficulties rests with everyone, including the federal agencies, the Congress, the general public and the courts. Changes in the regulatory system are needed. We should abandon the use of technology-based standards to control toxic substances under the Clean Water Act in favor of strong health- and environmentally based standards, coupled with taxes on toxic substances in wastewater.


2021 ◽  
pp. 144078332110011
Author(s):  
Scott J Fitzpatrick

Suicide prevention occurs within a web of social, moral, and political relations that are acknowledged, yet rarely made explicit. In this work, I analyse these interrelations using concepts of moral and political economy to demonstrate how moral norms and values interconnect with political and economic systems to inform the way suicide prevention is structured, legitimated, and enacted. Suicide prevention is replete with ideologies of individualism, risk, and economic rationalism that translate into a specific set of social practices. These bring a number of ethical, procedural, and distributive considerations to the fore. Closer attention to these issues is needed to reflect the moral and political contexts in which decision-making about suicide prevention occurs, and the implications of these decisions for policy, practice, and for those whose lives they impact.


2000 ◽  
Vol 7 (2) ◽  
pp. 124-133 ◽  
Author(s):  
Ingela Berggren ◽  
Elisabeth Severinsson

The aim of this study was to investigate the influence of clinical supervision on nurse’ moral decision making. The sample consisted of 15 registered nurses who took part in clinical supervision sessions. Data were obtained from interviews and analysed by a hermeneutic transformative process. The hermeneutic interpretation revealed four themes: increased self-assurance, an increased ability to support the patient, an increased ability to be in a relationship with the patient, and an increased ability to take responsibility. In conclusion, it seems that clinical supervision enhances nurse’ ability to provide care on the basis of their decision making. However, the qualitative and structural aspects of clinical supervision have to be investigated further in order to develop professional insight into the way that nurses think and react.


Res Publica ◽  
1994 ◽  
Vol 36 (3-4) ◽  
pp. 381-398
Author(s):  
Jan Beyers

In spite of its importance in European Union decision making, research on the functioning of the Council is scarce (Wessels, 1991). Based on empirical findings this article gives some new insights in the way Council decision making is institutionalized. The first part focusses on the characteristics of Council working groups and the different positions of actors in the decision making network. Our findings confirm the definition of the Council as a highly bureaucratized institution. Interesting is that the diversity of tasks of the different actors(working groups, Coreper, CSA etc.) strengthens the impact of national administrations in Council decision making. The second part explores the reasons for this impact. This article adds to the functional approach, which over-emphasizes the adaptive character of the Council, the perception of the Council as an intergovernmental component in a supranational system.


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