Proposing a Way to Develop the Substantive Content of the Right of Access to Adequate Housing: An Alternative to the Reasonableness Review Model

2017 ◽  
Vol 30 (1) ◽  
pp. 71-93
Author(s):  
Gustav Muller
Keyword(s):  
International Law ◽  
Municipal Services ◽  
International Convention ◽  
Cultural Rights ◽  
Substantive Content ◽  
Convincing Case ◽  
Close Proximity ◽  
Review Model ◽  
The Right ◽  
Right Of Access

In this article an attempt is made to put forward a convincing case for giving substantive content to the right of access to adequate housing and looks towards relevant international law elaborations on the meaning of this right as contained in the International Convention on Economic, Social and Cultural Rights (ICESCR). It does so while being aware of the Constitutional Court’s prior rejection of an international law-based minimum core interpretation of the right and opting, instead, for the so-called model of reasonableness breview. Given that the court has so expressly taken and stuck to this stance, it is argued in the article that an international law-based substantive interpretation of the right is possible – given that South Africa has recently ratified the ICESCR – and that it is preferable given the shortfalls of the model of reasonableness review. The article further highlights what difference the preferred reading of section 26(1) would make as to how courts ‘interpret’ reasonableness, that is, how courts review compliance with section 26 at present if ‘adequate’ housing is understood as having security of tenure and access to basic municipal services; is affordable, habitable and accessible; is located in close proximity to social facilities; and is culturally adequate.

Conclusion

2018 ◽  
Author(s):  
Christie Hartley
Keyword(s):  
Political Liberalism ◽  
Constitutional Democracy ◽  
Political Values ◽  
State Action ◽  
Substantive Content ◽  
Comprehensive Doctrines ◽  
Equal Citizenship

The conclusion stresses that the argument for the view that political liberalism is a feminist liberalism depends on claims made about the substantive content of free and equal citizenship and how this conception of citizenship limits and shapes what kinds of state action can be justified to others. Some may charge that the position defended in the book is actually a comprehensive liberalism, not a political liberalism. This objection is addressed in the conclusion as well as the inability of political liberalism to address certain egalitarian commitments that may be part of some feminist comprehensive doctrines. It is argued that our view does not amount to a partially comprehensive liberalism, as the view rests on political values that are part of the idea of constitutional democracy and the demands of citizenship within such societies.

Party Messaging in the U.S. House of Representatives

2021 ◽  
pp. 106591292110297
Author(s):  
Tyler Hughes ◽  
Gregory Koger
Keyword(s):  
House Of Representatives ◽  
Voting Behavior ◽  
Policy Debate ◽  
Strategic Decisions ◽  
The Public ◽  
Substantive Content ◽  
Legislative Agenda ◽  
The Media ◽  
Party Members ◽  
The U.S

Both Congressional parties compete to promote their own reputations while damaging the opposition party’s brand. This behavior affects both policy-making agendas and the party members’ communications with the media and constituents. While there has been ample study of partisan influence on legislative agenda-setting and roll call voting behavior, much less is known about the parties’ efforts to shape the public debate. This paper analyzes two strategic decisions of parties: the timing of collective efforts to influence the public policy debate and the substantive content of these “party messaging” events. These dynamics are analyzed using a unique dataset of 50,195 one-minute speeches delivered on the floor of the U.S. House of Representatives from 1989 to 2016. We find a pattern of strategic matching—both parties are more likely to engage in concurrent messaging efforts, often on the same issue.

scholarly journals Free Appropriate Public Education, the U.S. Supreme Court, and Developing and Implementing Individualized Education Programs

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 38
Author(s):  
Michael Rozalski ◽  
Mitchell L. Yell ◽  
Jacob Warner
Keyword(s):  
Special Education ◽  
Public Education ◽  
Education Program ◽  
Individualized Education ◽  
Related Services ◽  
Free Appropriate Public Education ◽  
Substantive Content ◽  
State Education ◽  
Education Agency ◽  
Education Act

In 1975, the Education for All Handicapped Children Act (renamed the Individuals with Disabilities Education Act in 1990) established the essential obligation of special education law, which is to develop a student’s individualized special education program that enables them to receive a free appropriate public education (FAPE). FAPE was defined in the federal law as special education and related services that: (a) are provided at public expense, (b) meet the standards of the state education agency, (c) include preschool, elementary, or secondary education, and (d) are provided in conformity with a student’s individualized education program (IEP). Thus, the IEP is the blueprint of an individual student’s FAPE. The importance of FAPE has been shown in the number of disputes that have arisen over the issue. In fact 85% to 90% of all special education litigation involves disagreements over the FAPE that students receive. FAPE issues boil down to the process and content of a student’s IEP. In this article, we differentiate procedural (process) and substantive (content) violations and provide specific guidance on how to avoid both process and content errors when drafting and implementing students’ IEPs.

Public health messages about COVID-19 prevention in multilingual Taiwan

Multilingua ◽  
2020 ◽  
Vol 39 (5) ◽  
pp. 597-606
Author(s):  
Chun-Mei Chen
Keyword(s):  
Public Health ◽  
Minority Groups ◽  
Health Messages ◽  
Indigenous Populations ◽  
Top Down ◽  
Bottom Up ◽  
Social Challenges ◽  
Substantive Content ◽  
Public Health Messages ◽  
Public Health Information

AbstractIn this paper, I explore multilingual preventative public health messages against the spread of COVID-19 in Taiwan between January and April 2020. Based on empirical data, the symbolic and substantive content of multilingual top-down and bottom-up public health strategies was analyzed and discussed. Findings suggest that the voices of indigenous people have largely been excluded from top-down efforts and strategies in public health communications. Top-down communication did not address the actual concerns of indigenous populations who relied on tourism to bolster their economy. Bottom-up efforts emerged from social exclusion and the inaccessibility of public health information to indigenous populations; such efforts were over-communicated, and the problems of indigenous populations remained unaddressed. I conclude by relating multilingualism and the needs of minority groups, and suggest an inclusive approach to social challenges and solutions for future pandemic preparedness.

scholarly journals Chameleonic knowledge: a study of ex ante analysis in large infrastructure policy processes

2021 ◽  
Author(s):  
Lars Dorren ◽  
Wouter Van Dooren
Keyword(s):  
Decision Making ◽  
Decision Makers ◽  
Policy Outcomes ◽  
Knowledge Use ◽  
Short Term ◽  
Cost Overruns ◽  
Substantive Content ◽  
Infrastructure Policy ◽  
Decision Outcomes ◽  
Ex Ante

AbstractUsing ex ante analysis to predict policy outcomes is common practice in the world of infrastructure planning. However, accounts of its uses and merits vary widely. Advisory agencies and government think tanks advocate this practice to prevent cost overruns, short-term decision-making and suboptimal choices. Academic studies on knowledge use, on the other hand, are critical of how knowledge can be used in decision making. Research has found that analyses often have no impact at all on decision outcomes or are mainly conducted to provide decision makers with the confidence to decide rather than with objective facts. In this paper, we use an ethnographic research design to understand how it is possible that the use of ex ante analysis can be depicted in such contradictory ways. We suggest that the substantive content of ex ante analysis plays a limited role in understanding its depictions and uses. Instead, it is the process of conducting an ex ante analysis itself that unfolds in such a manner that the analysis can be interpreted and used in many different and seemingly contradictory ways. In policy processes, ex ante analysis is like a chameleon, figuratively changing its appearance based on its environment.

Third turn position in British election phone-in conversations

2020 ◽  
Vol 40 (3) ◽  
pp. 325-351
Author(s):  
Anisa Pinatih
Keyword(s):  
Conversation Analysis ◽  
Direct Interaction ◽  
General Election ◽  
Substantive Content ◽  
The Third ◽  
Question And Answer ◽  
Questions And Answers

AbstractAn election radio phone-in program is designed for questions and answers, thus providing a context for direct interaction where lay-participants can engage with politicians’ responses. The current study aims at examining the third position that follows a question-answer sequence in a phone-in conversation, when radio hosts and/or callers evaluate politicians’ answers. Previous research has shown that radio hosts may offer a comeback to the caller, terminate the call, or ask their own question; and that a caller may come back on their own initiative. The aim of this article is to discover if there are patterns that underlie this diversity in the third position in radio phone-in conversations. The data consist of 4 hours and 20 minutes of transcribed conversations from election phone-ins from the Leading Britain’s Conversation (LBC) radiobroadcast prior to the 2015 general election. Using Conversation Analysis, this study looks at the sequential context and the substantive content of utterances to examine if the design and the content of the question and answer have bearing on the third position. The findings show that hosts either offered a comeback to callers or terminated the call right away when the politician’s answer was non-evasive and lacking opposition; that hosts or callers pursued an answer when evasion and opposition were apparent, and that callers pursued only when they showed oppositional stance taking in the questioning position.

(In)visibility and the Process of Public Theology

2013 ◽  
Vol 7 (1) ◽  
pp. 45-64
Author(s):  
Eric Stoddart
Keyword(s):  
Theoretical Basis ◽  
Pierre Bourdieu ◽  
Roman Catholic ◽  
Public Theology ◽  
Substantive Content ◽  
Catholic Bishop ◽  
Recent Statement ◽  
Narrative Context ◽  
Analytical Device

Abstract In this article the notion of (in)visibility as a skill and an analytical device is brought into the field of public theology, and, using political and sociological insights from Andrea Brighenti and Pierre Bourdieu, a theoretical basis is established. Further, a liturgical and eschatological hermeneutic is applied to relativize (in)visibility and to locate its development as a skill in a Christian narrative context. The article argues that (in)visibility offers a complementary paradigm to the auditory that otherwise attends predominantly to the substantive content of public theological interventions; hence, it contends, the process and consequences for others (not necessarily acting as public theologians) are to be encompassed in a model of public theology. In addition, a case study on a recent statement by a Roman Catholic bishop in Scotland is presented.

The judicial review of legality

2021 ◽  
Author(s):  
Natalie R. Davidson ◽  
Leora Bilsky
Keyword(s):  
Judicial Review ◽  
Constitutional Law ◽  
New Model ◽  
Substantive Content ◽  
Comparative Constitutional Law ◽  
Recent Developments ◽  
Relationship Of

In comparative constitutional law, the various models of judicial review require courts to examine either the substantive content of legislation or the procedure through which legislation was passed. This article offers a new model of judicial review – ‘the judicial review of legality’ – in which courts review instead the forms of law. The forms of law are the ways in which law communicates its norms to the persons who are meant to comply with them, and they include generality, clarity, avoidance of contradiction, and non-retroactivity. Drawing on recent writing on the jurisprudence of Lon Fuller, this article argues that Fuller’s linking of the forms of law to a relationship of reciprocity between government and governed can ground judicial review and that such review provides a missing language to address important legislative pathologies. Moreover, through an analysis of recent developments in Israel, the article demonstrates that the judicial review of legality targets some of the key legal techniques of contemporary processes of democratic erosion which other models of judicial review struggle to address, all the while re-centring judicial review on the lawyer’s craftsmanship and thus reducing problems of court legitimacy. This article therefore offers a distinctive and normatively appealing way for courts to act in troubling times.

Sign in / Sign up

Export Citation Format

Share Document