scholarly journals Legal Regulation of Campaign Deliberation: Lessons from Brexit

2019 ◽  
Vol 7 (2) ◽  
pp. 268-277
Author(s):  
James Organ

There has been significant attention paid to explaining and understanding the impact of the UK’s vote to leave the EU on UK politics and its constitution. There has also been criticism of the political campaigning, from both the “leave” and “remain” sides, and of people’s understanding of what they were voting for. There has been limited discussion, though, of how to improve the quality of campaign deliberation, which is fundamental to the legitimacy of both representative and direct democratic processes. Using the UK’s vote on EU membership as a case study, this article examines the importance of the law to regulate and improve deliberation prior to direct public votes on specific policy issues. It also considers options for changes to the law and for its implementation, using the current provisions about false statements in electoral law as a starting point. The article argues that the quality of deliberation during UK referendum campaigns needs to improve and that legal regulation should be developed. There are, however, significant challenges in drafting legislation that appropriately defines and limits the use of misleading statements, and at the same time avoids excessive restriction of free speech, or an excessively political role for regulatory bodies and the courts. Given the nature of political campaigning and the challenges in reducing the use of misleading statements by political actors through legal regulation, increased deliberative opportunities for citizens are proposed as a complementary, perhaps more effective means to positively enhance deliberation in political campaigns. Whatever approach is taken, direct democracy needs to be combined effectively with representative democracy, based on a common underlying principle of the importance of deliberation, and not treated as a separate part of a state’s democracy.

Author(s):  
Daniel B. Kelly

This chapter analyzes how law and economics influences private law and how (new) private law is influencing law and economics. It focuses on three generation or “waves” within law and economics and how they approach private law. In the first generation, many scholars took the law as a starting point and attempted to use economic insights to explain, justify, or reform legal doctrines, institutions, and structures. In the second generation, the “law” at times became secondary, with more focus on theory and less focus on doctrines, institutions, and structures. But this generation also relied increasingly on empirical analysis. In the third generation, which includes scholars in the New Private Law (NPL), there has been a resurgence of interest in the law and legal institutions. To be sure, NPL scholars analyze the law using various approaches, with some more and some less predisposed to economic analysis. However, economic analysis will continue to be a major force on private law, including the New Private Law, for the foreseeable future. The chapter considers three foundational private law areas: property, contracts, and torts. For each area, it discusses the major ideas that economic analysis has contributed to private law, and surveys contributions of the NPL. The chapter also looks at the impact of law and economics on advanced private law areas, such as business associations, trusts and estates, and intellectual property.


2015 ◽  
Vol 115 (8) ◽  
pp. 1457-1480 ◽  
Author(s):  
Dagmara Lewicka ◽  
Katarzyna Krot

Purpose – It is worth focusing on the examination of factors influencing the quality of the work environment. The purpose of this paper is to verify the influence of the HRM system and organisational trust on employee commitment. Design/methodology/approach – The survey was conducted in Poland among 370 employees in organisations from two sectors of the economy: services and industry. The verification of the theoretical model was performed based on structural equation modelling. Findings – Research findings made it possible to successfully verify the model of the relationship between the HRM system (practices, process), organisational trust and commitment. The starting point for trust in an organisation followed by commitment is the HRM system. It seems that the impact of the HRM process on creating organisational trust is higher. Research findings have also confirmed a relationship between each type of organisational trust and calculative commitment based on benefits, which is a strong determinant of affective commitment. Organisational trust is, therefore, an intermediary factor because the organisation must build trust in employees first before they become affectively committed. Originality/value – Current studies have not examined the issue of a mutual relationship between three constructs: perceived HRM practices and process, organisational trust and commitment. What is more, previous research was confined to the constructs analysed holistically without considering their complexity (different types of trust and commitment). In addition, the authors attempted to enrich Allen and Mayer’s (1991) model with a new aspect of the commitment – calculative, which is linked to the benefits received by employees. The authors also identified the mediating influence of the trust and calculative commitment onto the affective commitment.


Author(s):  
Marcin Wiśniewski ◽  
Urszula Religioni ◽  
Piotr Merks

Community pharmacies are the primary entities providing drugs to individual patients in Poland. The pharmacy market has been changing for many years due to significant changes in market regulations. These changes significantly affect the profitability of pharmacies, which may impact the quality of pharmacotherapy. The small number of pharmacies, which resulted from changes in the law in 2017, can influence the level of patient care. The article presents the community pharmacies market in Poland. Particular attention is paid to the legal regulations affecting community pharmacies and the impact of these regulations on the overall shape of the market. The Polish system’s specificity, including the pharmacy market indicators, has been compared with data from other European Union countries.


2017 ◽  
Vol 35 (8_suppl) ◽  
pp. 231-231
Author(s):  
Maria Clara Rodriguez Palleiro ◽  
Virginia Rodriguez ◽  
Viviana Dominguez ◽  
Siul Salisbury ◽  
Alonzo Rodriguez ◽  
...  

231 Background: Improvement in quality of cancer care is a strategic health objective for the Ministry of Health in Uruguay. Lung cancer is the first cancer in mortality in men and the third in women in our country, there are few reports from Latino America about quality of cancer care, in our knowledge this is the first in lung cancer. Methods: We audit a public reference center in oncology that receive about 8 percent of new cases in the country, our objective was to perform a first study in quality of cancer care in non-small cell lung cancer. We reviewed the compliance with a group of 14 indicators (six general and eight NSCLC specific) selected from literature and used in different quality programs. We performed a retrospective analysis of medical records from 408 new patients seen between January 2011 and July 2016. Results: The median age was 62 years, 72,8% were male and 27,2% females, 76,6% were stage III-IV and 23,6% were stage I-II. The median adherence rate to core indicators were 84,2 (69% to 100%). PS was recorded in 76% of cases. Pathology report was present in 71,8% and stage in 97% of medical records. NSCLC indicators had a lower adherence rate 29,8% (5% to 56,3%). 60% receive adjuvant therapy based in platins but only in 5% of patients receive cisplatin. Histologic subtype was informed in 42% of pathology samples and EGFR mutation test were performed in 56% of patient with non-squamous lung cancer. Patients were treated with chemotherapy or radiotherapy as first treatment in 65,4%, stage IV patients receive as first line platin based chemotherapy in 42,7% of cases . Time between diagnosis and first treatment initiation was 28 days and the time to symptoms initiation to diagnosis was 3 months. Conclusions: This auditory identify a high rate of compliance in general indicators, compliance with lung cancer specific quality indicators is heterogeneous. Time to diagnosis need special attention. This study identify a room to improve in lung cancer quality of care and establish a starting point to evaluate the impact of future improvement efforts.


Author(s):  
Mikhail Sainov

Introduction. Currently, there are numerous discussions concerning a relevant issue – the impact of transformations of the higher education system on the quality of graduates of technical universities. It is important to analyze the advantages and disadvantages of modern higher education in construction in comparison with one of the Soviet period and to define the direction it should be developed in the future. The present article analyzes the changes that higher education in construction has undergone since 1955 to the present time. Materials and methods. The data used in the analysis include regulatory documents which regulated the implementation of educational activities in different years: orders, classifiers, model curricula and state educational standards. The requirements to the structure and results of the study of educational programs in the field of construction were analyzed. Results. The analysis showed that over the past decades, higher education in construction has undergone significant changes. Fundamental transformations took place at the turn of the millennium when changing from a disciplinary to a competence model of education, as well as from direct government management of the education system to the normative legal regulation of educational activities. If in Soviet times, training was delivered under model curricula of construction specialties, now training is mainly performed according to Bachelor’s and Master’s degree programs, the content of which educational institutions determine independently on the basis of educational standards. Conclusions. The performed analysis identified the deficiencies in the modern system of higher education. The imperfection of the regulatory framework, the deficiencies of the competence approach make it impossible to ensure quality training of specialists in the construction industry. This involves improvement of higher education system, including in the field of construction. It is necessary to establish more detailed requirements to the study results and the content of educational programs. It requires among educational standards, exemplary basic educational programs.


Author(s):  
С.А. Ковчур

В статье рассматривается проблема влияния рисков виртуальной образовательной среды на качество образования. С точки зрения педагогического взаимодействия как основы цифрового образовательного процесса выделяются риски, связанные с внешними организационными условиями реализации цифрового образования (отсутствие финансирования, принятие неэффективных управленческих решений, недостаточное нормативно-правовое регулирование, отсутствие материально-технического обеспечения, ограничение доступа к образовательным услугам), и психолого-педагогические риски (дидактические ошибки и недостатки в организации цифрового обучения, обусловленные неготовностью к деятельности в виртуальной образовательной среде участников педагогического взаимодействия, и их личностные характеристики, препятствующие эффективной работе). На основе анализа практической реализации проектных технологий даны рекомендации по предупреждению негативных последствий неготовности преподавателей и студентов к учебной деятельности в условиях виртуальной образовательной среды. The article deals with the problem of the impact of virtual educational environment risks on the quality of education. From the perspective of pedagogical interaction as of the basis of a digital educational process, the article highlights the risks associated with external organizational conditions of the implementation of digital education. Among them, there is a risk of a lack of funding, of making inefficient management decisions, of insufficient legal regulation, of a lack of logistical support, and of restricted access to education. Psychological and pedagogical risks are didactic mistakes and defects in the organization of digital learning, and personal characteristics as obstacles to effective work – both due to the unpreparedness of the participants of pedagogical interaction to work in the virtual educational environment. The author expresses opinion of the different degrees of such risks manifestation and the occurrence of consequences for the quality of education. Based on the analysis of practical experience in the implementation of project technologies, recommendations are offered to prevent the negative consequences caused by the unpreparedness of teachers and students learning in virtual educational environment.


Author(s):  
Łukasz Damurski

The paper is a critical literature review aiming at synthesising knowledge on shaping the service sector in urbanised areas. Starting from classical concepts of hierarchical service systems (Christaller, Lösch, Palomäki, Nowakowski) through considerations on the impact of teleinformatics on the services sector, to contemporary research on hierarchical -network spatial and functional structures (Ossowicz), the paper points to the role which can be played by local service centres in spatial planning. The five guidelines for urban planning describe crucial conditions which have to be met in order to generate a positive influence on land -use and the quality of life in urban neighbourhoods. The guidelines may be a starting point for empirical research and may play an inspiring role in local policy in urbanised areas.


2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Gulac Olena ◽  

The article analyzes the individual components of the mechanism of administrative and legal regulation of relations in the domestic pharmaceutical industry at the present stage. Some problematic aspects of such activity are outlined. The legal bases of regulation of relations in the domestic pharmaceutical industry and the preconditions for reforming both the industry as a whole and its institutional component are determined. It is noted that the state policy in the pharmaceutical sector is implemented by public authorities, however, which, based on the constant change of the central executive system and decentralization reform, undergo quite frequent transformations, which directly affects the quality of their direct functions. In the pharmaceutical industry of Ukraine, there are a number of problematic issues, including corruption. One of the most painful problems facing the country is the problem of providing the population with quality and affordable medicines. The directions of activity of the domestic pharmaceutical branch are analyzed. It is noted that the administrative and legal regulation of relations in the pharmaceutical industry is an integral part of national management. The mechanism of administrative and legal regulation of relations in the pharmaceutical industry is considered as a system of tools (legal, organizational and institutional), which are components of the impact of this branch of law on public relations in the pharmaceutical industry and aimed at ensuring its proper functioning. The analysis of elements of administrative and legal regulation of relations in the pharmaceutical industry is carried out. Keywords: pharmaceutical industry, mechanism of administrative and legal regulation, administrative and legal regulation of relations in the pharmaceutical industry, health care legislation, medical industry, administration in the medical field


Author(s):  
Anna V. Savina

The relevance of this study is due to the fact that in the modern world, including Russian, law and order, a special mechanism of “anti-crisis regulation” is being transformed, which in the context of a pandemic has be-come heterogeneous, with a permanent convergence of the norms of private and public law. Proceeding from the fact that anti-crisis regulation is pre-dominantly part of the state policy in a particular area, it is proposed to un-derstand that the epidemiological crisis itself is the starting point for other crisis phenomena (financial, demographic and other crises), the prevention or reduction of the impact of which is the most important task of any state. We consider the relevant aspects of crisis management. We analyze the catego-ries of countercyclical and pro-cyclical regulation, investigated the issues of fiscal policy. We pay attention to behavioral economics and the role of the state in its functioning. We note that the directions of spending budget funds in one way or another depend on the behavioral economy, which is not al-ways manageable. We provide an analysis of the concept of “choice architecture” in the aspect of a “push” decision-making mechanism, in which a special role is assigned to the state. We emphasize the growing importance of financial programs to support small businesses or citizens wishing to become individual entrepreneurs, self-employed.


2021 ◽  
Vol 12 (3) ◽  
pp. s123-s137
Author(s):  
Olena Antoniuk ◽  
Petro Kutsyk ◽  
Iryna Brodska ◽  
Olena  Kolesnikova ◽  
Nataliya Struk

The purpose of the article is to consider the impact of institutionalization processes and regulations on the development of accounting and auditing services. The research is based on the analysis of the development of the institutional framework for the provision of audit services. Comparisons of the composition of regulatory support with the actual structure of accounting and auditing services on the basis of statistical data of the Audit Chamber of Ukraine for the period from 2011 to 2019 indicate the problems in institutional support. The purpose of the article is to answer the questions: 1) whether the legislative regulation has an impact on the volume of orders for statutory audit; 2) how the regulations have influenced the development of methodological support for the provision of audit services; 3) whether the practice and theory of audit services need convergence at the institutional level. The authors correlate  classification of audit services in normative documents, including documents of the professional organization of auditors. The issue of institutionalization is considered in the context of the interaction of accounting problems at the national level in Ukraine and the practice of auditors. It has been proven that the provision of accounting services and services is a priority in the activities of auditors. A separate area of research is the institutional principles of activity, requirements for quality of work. The study indicated a decrease in the number of audit entities in Ukraine. The results of the study have shown that there are differences between legal regulation and practice. The conclusion of this paper helps to identify vectors in the development of a regulatory framework of audit services national level.


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