scholarly journals RIGHTS, DEMOCRACY AND DEVELOPMENT: THE JUDICIAL SYSTEM’S ROLE IN DEVELOPING COUNTRIES

2018 ◽  
Vol 3 (3-4) ◽  
pp. 394-420
Author(s):  
Vivian Maria Pereira Ferreira ◽  
Natalia Langenegger
Keyword(s):  
Developing Countries ◽  
Public Interest ◽  
Current Knowledge ◽  
Public Policies ◽  
Judicial System ◽  
New Paradigm ◽  
Public Interest Litigation ◽  
The Public ◽  
Cultural Rights ◽  
The World

This article seeks to discuss whether and how the judicial system has been assuming a new institutional role in the design of public policies aimed at promoting of Economical Social and Cultural Rights (ESCR) in developing countries. Considering that these rights are crucial for human and social development, the article discusses the ways in which the judicial system might interfere with the process of development.Alongside a theoretical debate, the article presents a functionalist comparative study of the public interest litigation in Brazil, India and South Africa. It focuses on how judges seek to promote ESCR as well as on the benefits and problems of their intervention in public policies created by democratic governments and legislatures.The diagnosis that judicial systems around the world play different roles from the ones recommended by the economic neoliberal mainstream shows that several different institutional arrangements are possible and that some of them might be more adequate to the reality of the developing world. Therefore, the article hopes to provide insights to rethink global governance and the current knowledge on law and political economy from a new paradigm. 

scholarly journals RIGHTS, DEMOCRACY AND DEVELOPMENT: THE JUDICIAL SYSTEM’S ROLE IN DEVELOPING COUNTRIES

2015 ◽  
Vol 3 (3-4) ◽  
pp. 394-420
Author(s):  
Vivian Maria Pereira Ferreira ◽  
Natalia Langenegger
Keyword(s):  
Developing Countries ◽  
Public Interest ◽  
Current Knowledge ◽  
Public Policies ◽  
Judicial System ◽  
New Paradigm ◽  
Public Interest Litigation ◽  
The Public ◽  
Cultural Rights ◽  
The World

This article seeks to discuss whether and how the judicial system has been assuming a new institutional role in the design of public policies aimed at promoting of Economical Social and Cultural Rights (ESCR) in developing countries. Considering that these rights are crucial for human and social development, the article discusses the ways in which the judicial system might interfere with the process of development.Alongside a theoretical debate, the article presents a functionalist comparative study of the public interest litigation in Brazil, India and South Africa. It focuses on how judges seek to promote ESCR as well as on the benefits and problems of their intervention in public policies created by democratic governments and legislatures.The diagnosis that judicial systems around the world play different roles from the ones recommended by the economic neoliberal mainstream shows that several different institutional arrangements are possible and that some of them might be more adequate to the reality of the developing world. Therefore, the article hopes to provide insights to rethink global governance and the current knowledge on law and political economy from a new paradigm. 

scholarly journals RIGHTS, DEMOCRACY AND DEVELOPMENT: THE JUDICIAL SYSTEM’S ROLE IN DEVELOPING COUNTRIES

2018 ◽  
Vol 3 (3-4) ◽  
pp. 394-420
Author(s):  
Vivian Maria Pereira Ferreira ◽  
Natalia Langenegger
Keyword(s):  
Developing Countries ◽  
Public Interest ◽  
Current Knowledge ◽  
Public Policies ◽  
Judicial System ◽  
New Paradigm ◽  
Public Interest Litigation ◽  
The Public ◽  
Cultural Rights ◽  
The World

This article seeks to discuss whether and how the judicial system has been assuming a new institutional role in the design of public policies aimed at promoting of Economical Social and Cultural Rights (ESCR) in developing countries. Considering that these rights are crucial for human and social development, the article discusses the ways in which the judicial system might interfere with the process of development.Alongside a theoretical debate, the article presents a functionalist comparative study of the public interest litigation in Brazil, India and South Africa. It focuses on how judges seek to promote ESCR as well as on the benefits and problems of their intervention in public policies created by democratic governments and legislatures.The diagnosis that judicial systems around the world play different roles from the ones recommended by the economic neoliberal mainstream shows that several different institutional arrangements are possible and that some of them might be more adequate to the reality of the developing world. Therefore, the article hopes to provide insights to rethink global governance and the current knowledge on law and political economy from a new paradigm. 

scholarly journals RIGHTS, DEMOCRACY AND DEVELOPMENT: THE JUDICIAL SYSTEM’S ROLE IN DEVELOPING COUNTRIES

2018 ◽  
Vol 3 (3-4) ◽  
pp. 394-420
Author(s):  
Vivian Maria Pereira Ferreira ◽  
Natalia Langenegger
Keyword(s):  
Developing Countries ◽  
Public Interest ◽  
Current Knowledge ◽  
Public Policies ◽  
Judicial System ◽  
New Paradigm ◽  
Public Interest Litigation ◽  
The Public ◽  
Cultural Rights ◽  
The World

This article seeks to discuss whether and how the judicial system has been assuming a new institutional role in the design of public policies aimed at promoting of Economical Social and Cultural Rights (ESCR) in developing countries. Considering that these rights are crucial for human and social development, the article discusses the ways in which the judicial system might interfere with the process of development.Alongside a theoretical debate, the article presents a functionalist comparative study of the public interest litigation in Brazil, India and South Africa. It focuses on how judges seek to promote ESCR as well as on the benefits and problems of their intervention in public policies created by democratic governments and legislatures.The diagnosis that judicial systems around the world play different roles from the ones recommended by the economic neoliberal mainstream shows that several different institutional arrangements are possible and that some of them might be more adequate to the reality of the developing world. Therefore, the article hopes to provide insights to rethink global governance and the current knowledge on law and political economy from a new paradigm. 

Normative Juridical Review Comparison of Land Acquisition Regulations for Railway Infrastructure between Indonesia and Malaysia

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo
Keyword(s):  
Public Interest ◽  
Influencing Factor ◽  
Land Acquisition ◽  
Infrastructure Development ◽  
The Public ◽  
Indonesian Government ◽  
The People ◽  
Railway Infrastructure ◽  
The World ◽  
The Government

Land acquisition for public purposes, including for the construction of railroad infrastructure, is a matter that is proposed by all countries in the world. The Indonesian government or the Malaysian royal government needs land for railroad infrastructure development. To realize this, a regulation was made that became the legal umbrella for the government or royal government. The people must agree to regulations that require it. Land acquisition for public use in Malaysia can be completed quickly in Indonesia. The influencing factor is the different perceptions of the understanding of what are in the public interest, history and legal systems of the two countries as well as the people's reaction from the two countries

scholarly journals Administrative Functions of Implementation and Adjudication Guided by Primacy of Fundamental Rights

2017 ◽  
Vol 6 (2) ◽  
pp. 263-277 ◽  
Author(s):  
Ricardo Perlingeiro
Keyword(s):  
Latin American ◽  
Public Interest ◽  
Fundamental Rights ◽  
Judicial System ◽  
The Public ◽  
American System ◽  
Administrative Functions ◽  
Financial Interests ◽  
Judicial Procedures ◽  
Administrative Adjudication

Abstract This article points out the bottlenecks in the systems of administrative adjudication in Latin America and suggests that the ineffectiveness should not be blamed entirely on the judicial system and judicial procedures. Rather, the Latin-American system of administrative justice should come to terms with its judicial system of general jurisdiction, gradually reducing the jurisdiction of courts over administrative disputes in favor of an administrative reform to ensure administrative functions of implementation and adjudication respecting the primacy of fundamental rights. The author concludes that it is necessary to think about a reform that leads public administrative authorities to act as an instrument for expressing the public interest rather than as end in itself or as an entity to protect self-serving, momentary political and financial interests that are not clearly bound by a duty to protect fundamental rights.

Application of Butler’s (1980) Tourist Area Life Cycle to Saly (Senegal)

2018 ◽  
Vol 6 (1) ◽  
pp. 47-56 ◽  
Author(s):  
Mouhamadou Bamba LY
Keyword(s):  
Qualitative Research ◽  
Developing Countries ◽  
Life Cycle ◽  
West Africa ◽  
Research Method ◽  
Public Authorities ◽  
The Public ◽  
Tourist Destinations ◽  
The World ◽  
A Site

Richard W. Butler publishes in 1980 a model of evolution of tourist destinations known as TALC -Tourism Area Life Cycle- which stipulates that a site exploited for tourism and leisure knows 6 phases in its evolution: exploration, involvement, development, consolidation, stagnation, decline or rejuvenation. Several experiments of the model will be carried out around the world, however the tourist destinations located in the developing countries constitute a residual category of these applications. This article proposes an exploration of the TALC at the first station developed by the public authorities in West Africa, Saly located on the small coast in Senegal. For this purpose, we used a qualitative research method based on semi-directive interviews with actors at the level of the student site completed by official statistics. Our results show that Saly is in a so-called stagnation phase and that it is important to re-qualify the typology of tourist space in this city, which is experiencing a significant change in relation to its location.

Private Networks and the Public Interest

2016 ◽  
Author(s):  
Simon James Bytheway ◽  
Mark Metzler
Keyword(s):  
New York ◽  
Central Bank ◽  
Public Interest ◽  
Central Banks ◽  
Capital City ◽  
World City ◽  
Capitalist System ◽  
The Public ◽  
The World ◽  
Hierarchical Nature

This concluding chapter examines the hierarchical nature of the markets in capital, which constitute the peak markets of the world capitalist system. It also reconsiders the central-bank connections between Tokyo, London, and New York as vital inner links within a larger set of world-city geographies. In a century of violent changes, these “capital city” geographies have been remarkably persistent. The great Tokyo bubble of 1989–90 was the greatest yet of its kind, but it now seems relatively modest next to the New York and London bubbles of 2007–8. Each of these “capital city” bubbles showed a mix of classic and novel features. Each also revealed, again, the centrality of the central banks themselves.

The Epistemic Problem of the COVID-19 Pandemic and the Necessary Information Policy

2021 ◽  
pp. 1-17
Author(s):  
Ikbal Maulana
Keyword(s):  
Developing Countries ◽  
Civil Society ◽  
Data Collection ◽  
Information Policy ◽  
Civil Society Organization ◽  
Sufficient Data ◽  
The Public ◽  
The World ◽  
Familiar World ◽  
The Government

The COVID-19 pandemic has disrupted personal, social, and economic lives of millions of people around the world. It has taken the familiar world away from everyone. The pandemic is in large part an epistemic problem caused by the invisible contagious virus. Its invisibility can make people ignorant of the threat and spread of the virus. Government and public need scientists to identify and understand the problem of COVID-19. While the latter do not have complete knowledge to cure the disease, they are more knowledgeable to inform the government how to prevent the pandemic from getting worse. Appropriate government intervention requires a thorough investigation involving frequent and massive data collection, which is too expensive for developing countries. Without sufficient data, any government claim and intervention are questionable. The government can compensate the insufficiency of data by acquiring data and information from other sources, such as civil society organization and the public.

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