scholarly journals Direito à informação governamental: questões acerca da positividade e legitimação de um direito fundamental │ The right to governmental information: on the enforcement and legitimation of a fundamental right

2013 ◽  
Vol 9 (2) ◽  
Author(s):  
Emília Barroso Cruz
Keyword(s):  
Public Administration ◽  
Information Access ◽  
Public Debate ◽  
Government Information ◽  
Public Servants ◽  
Legal Norms ◽  
Federal Constitution ◽  
The Right

Resumo Neste artigo discutimos o direito à informação governamental como um direito fundamental, e seu processo de positivação no Brasil. O exercício do direito não está ligado apenas à promulgação de normas jurídicas, mas também ao reconhecimento ético do seu valor, por meio do debate público. No Brasil, onde este direito está positivado pela Constituição Federal desde 1988, não há indícios de percepção de legitimidade e validade dessas normas jurídicas pelos servidores Federais, de acordo com pesquisa realizada pela CGU/UNESCO[1].Concluímos que as discussões sobre a implementação da Lei de Acesso à Informação podem possibilitar o debate e validação ética faltantes.Palavras-chave Lei de Acesso à Informação; Direito à informação; Informação governamental; Legitimidade e validade do direito; Administração pública.Abstract This article discusses the right to government information as a fundamental right, and its enforcement by Brazilian law. This right is not just linked to the enactment of legal norms, but also to the ethical recognition of its value, through public debate. In Brazil, where this right is enforced by the Federal Constitution since 1988, there is no evidence of perceived legitimacy and validity of these legal norms by Federal public servants, according to research conducted by CGU/ UNESCO. We conclude that the discussions about the implementation of the Information Access Act will enable the missed debate and ensuing validation.Keywords Information Access Act, Information Right, Government Information, Legitimacy and validity of law; Public administration. 

scholarly journals THE RIGHT TO ORAL HEARING IN DISCIPLINARY PROCEEDINGS AGAINST PUBLIC SERVANTS: A MALAYSIAN PERSPECTIVE

2020 ◽  
Author(s):  
Zukiferee Ibrahim ◽  
Abdul Majid Tahir Mohamed
Keyword(s):  
Judicial Review ◽  
Privy Council ◽  
Right To Life ◽  
Public Servants ◽  
Constitutional Protection ◽  
Federal Constitution ◽  
Liberal Approach ◽  
The Right ◽  
Malaysian Government

The decisions of disciplinary authorities in disciplinary proceedings continue to be judicially reviewed on the grounds of their failure to grant an oral hearing to affected public servants albeit there is a well-established principle by the Privy Council in Najar Singh’s case since 1976. Such failure may implicate the deliverance of justice, and affect the reputation and goodwill of the Malaysian government as the major employer in the nation. The constitutional protection of a reasonable opportunity of being heard to public servants under Article 135(2) in the case of dismissal and reduction of rank should be interpreted in the light of the fundamental right to life as enshrined in the Federal Constitution. The purpose of this article is to examine the approaches of the court in determining the right to an oral hearing in disciplinary proceedings against public servants; and whether the administrative decisions of the disciplinary authorities should be subject to judicial review or not. This paper forwarded a submission that the court should adopt a liberal approach in determining the right to an oral hearing in disciplinary proceedings against public servants.

scholarly journals Tiếp cận dịch vụ hành chính công đối với người khuyết tật - Hướng đến sự thiết kế dung hợp

2021 ◽  
Author(s):  
Phan Luan
Keyword(s):  
Public Administration ◽  
Independent Living ◽  
People With Disabilities ◽  
Research Process ◽  
Field Trials ◽  
Public Servants ◽  
Persons With Disabilities ◽  
The Right ◽  
The Voice ◽  
Quantitative And Qualitative Methods

The research applied quantitative and qualitative methods to measure satisfaction and analyze possible barriers in accessing public administration services for people with disabilities. By using field trials, the study involves people with disabilities throughout the entire research process to ensure the voice from insiders has been brought out. The results presented that the levels of satisfaction of people with disabilities can be influenced by their perceptions of their rights, local culture, or the urbanization pressure. Notably, the higher the awareness of the right to independent living of people with disabilities is, the lower their satisfaction level is, regardless of receiving support from their relatives or public servants. In surveyed sites, the accessibility of people living with disabilities depends heavily on the political leaders' awareness of the rights of persons with disabilities. Several recommendations for people with disabilities, caregivers, organizations working on disability, and government agencies have been proposed to ensure a favorable environment for people with disabilities to actively exercise their right to access public administration services.

The Limitations of the Right to be Heard in Disciplinary Proceedings against Public Servants in Malaysia: An Infringement of the Fundamental Liberties Under Article 5 and Article 8 of the Federal Constitution

2020 ◽  
Vol 2020 (27) ◽  
pp. 83-91
Author(s):  
Zukiferee Bin Ibrahim
Keyword(s):  
Content Analysis ◽  
Judicial Review ◽  
Qualitative Method ◽  
Public Servants ◽  
Constitutional Protection ◽  
Personal Liberty ◽  
Federal Constitution ◽  
The Right ◽  
Article 5

Since 1976, despite the Privy Council’s decision in Najar Singh’s case, the right to be heard particularly on its expansion to the right of oral hearing in disciplinary proceedings against public servants in Malaysia has become an ongoing challenge. This is the outcome of the different approaches adopted by the courts in determining such right to the affected public servants. This article analysed the constitutional provisions and the judicial review approach with regards to the right to be heard of public servants in disciplinary proceedings as granted in Article 135(2) of the Federal Constitution. This article employed qualitative method by using content analysis. The findings indicated that first, the interpretation of the constitutional term “a reasonable opportunity of being heard” is vague. Next, the judicial review application is inconsistent and finally, the limitation of the right to be heard deprives the life and personal liberty of a person as envisaged in Article 5 and Article 8 of the Federal Constitution. Thus, the constitutional protection of “a reasonable opportunity of being heard” which falls under Article 135(2) in the case of dismissal and reduction of a public servant’s rank in Malaysia should be interpreted in the light of the fundamental liberties as guaranteed in Article 5 and Article 8 of the Federal Constitution. It is proposed that the oral hearing which is an essence to the principle of right to be heard be regulated in the disciplinary proceedings against public servants in Malaysia.

The Doctrine of Proper Judicial Protection in Administrative Law (on the Example of Expulsion of Foreign Nationals)

10.12737/2241 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 68-79
Author(s):  
Олег Шерстобоев ◽  
Oleg Sherstoboev
Keyword(s):  
Public Administration ◽  
Point Of View ◽  
Theoretical Point ◽  
Complete Model ◽  
Foreign Nationals ◽  
Legal Norms ◽  
European Court ◽  
The Usa ◽  
The Right ◽  
Judicial Protection

Proper judicial protection is an aggregate of legal norms, principles, doctrines that allow maximum guarantee for fair treatment of an administrative dispute, in particular, relating to expulsion of foreign nationals. Among basic means that guarantee a proper settlement of a dispute, one can name the right to appeal the act of public administration, the right to independence of a body, considering the case, the right to qualified legal assistance, competition, completeness of supervision. The author of the article reviews standings of the European Court of Human Rights, as well as the legislation and practice of the USA, Great Britain, Germany and Russia on the issue of judicial protection of foreign nationals, deported from their territory. As a result of the analysis, the author outlines three models of the provided judicial protection: limited, selective and complete. Each model has its pluses and minuses, but from a theoretical point of view the best variant is a complete model of judicial protection.

scholarly journals THE IMPORTANCE OF GENDER EQUALITY IN MAINTAINING SOCIAL JUSTICE AND WOMEN’S CONTRIBUTION TO THE DEVELOPMENT OF SOCIETIES

2021 ◽  
Vol 02 (06) ◽  
pp. 49-52
Author(s):  
Oydinoy Marat Qizi Ergasheva ◽  
Keyword(s):  
Public Administration ◽  
Women In Politics ◽  
Ancient Greek ◽  
Men And Women ◽  
Legal Norms ◽  
Participation Of Women ◽  
The Right ◽  
Greek Scholar ◽  
The City ◽  
Do So

Although we have information about the unique participation of women in politics in every period of human history, it is the truth that the right and opportunity to do so in public administration does not apply to every woman in society and is not guaranteed by legal norms. Ancient Greek poets, such as Socrates, Aristotle, and Plato, referred to the city as the best state in which equality and justice reigned in society. as the best laws, they also put forward laws that guaranteed everyone equality. Applying the idea of equality between men and women in his writings, the Greek scholar Antifont stated, "Nature creates all: women and men equally, but people develop laws that make people unequal." Abu Nasr al-Farabi, one of the encyclopedic scholars of the East, in his City of Noble People, described a state that ruled equality as a state that aspired to virtue recognized as entitled.

scholarly journals Manurau: A conceptual framework of Māori leadership practice in the New Zealand public sector

2021 ◽  
Author(s):  
◽  
Daryn Bean
Keyword(s):  
New Zealand ◽  
Public Sector ◽  
Lived Experience ◽  
Public Administration ◽  
Hierarchical Structures ◽  
Public Servants ◽  
Leadership Practice ◽  
Starting Point ◽  
Kaupapa Māori ◽  
The Right

<p>This kaupapa Māori examination of Māori leadership in the New Zealand public sector reveals that the experience of Māori working in government agencies is neither well understood nor specifically addressed in the fields of public administration and public-sector leadership. The study found that a key leadership practice of Māori public servants is to position themselves strategically and thoughtfully to advance mātauranga Māori and kaupapa Māori. They are public servants who are cognisant of the Crown–Māori spaces in which they occupy. They are careful in their assumptions and views about the underlying forces at play and the responsibility they have in working for government. They are concerned about the legitimate place of mātauranga Māori and kaupapa Māori in kāwanatanga spaces and work to alleviate and mitigate bureaucratic pressures imposed by the dominant Westminster model of governance. Māori leadership practices are designed and constructed through personal models of leadership shaped by Māori values, legacies, whakapapa, and whānau upbringing. Māori leadership practice has influence beyond the hierarchical structures of kāwanatanga. Metaphorically, Māori public servants are manu kōrero (literally, knowledge birds) who, given the right conditions, would not operate alone singularly, but operate as many birds, as Manurau (literally, one hundred birds). They work inside kāwanatanga – empowering and leading others, expressing rangatiratanga from a position of personal integrity, humility, and authority. This study applied critical theoretical tools for research and analysis and found answers that are rooted in kaupapa and mātauranga Māori methodologies. Te Arawatanga, as a tribal framework, positions the insider Māori researcher into a safe cultural space to be courageous about expressing rangatiratanga in a kāwanatanga context. Whakapapa analysis grounds the research within a Māori ontology. Whakataukī emphasises the Māori voices and narratives framed within the wisdom of ancestors. This study can be said to rest on the shoulders of those with lived experience who see with Māori eyes, hear with Māori ears and feel with a Māori heart. The significance of this thesis therefore provides a ‘starting point’ that seeks to legitimate the Māori leadership contribution to New Zealand’s public service and advocates for greater recognition and validation of Māori leadership practice and indigenous leadership in public administration globally.</p>

scholarly journals Manurau: A conceptual framework of Māori leadership practice in the New Zealand public sector

2021 ◽  
Author(s):  
◽  
Daryn Bean
Keyword(s):  
New Zealand ◽  
Public Sector ◽  
Lived Experience ◽  
Public Administration ◽  
Hierarchical Structures ◽  
Public Servants ◽  
Leadership Practice ◽  
Starting Point ◽  
Kaupapa Māori ◽  
The Right

<p>This kaupapa Māori examination of Māori leadership in the New Zealand public sector reveals that the experience of Māori working in government agencies is neither well understood nor specifically addressed in the fields of public administration and public-sector leadership. The study found that a key leadership practice of Māori public servants is to position themselves strategically and thoughtfully to advance mātauranga Māori and kaupapa Māori. They are public servants who are cognisant of the Crown–Māori spaces in which they occupy. They are careful in their assumptions and views about the underlying forces at play and the responsibility they have in working for government. They are concerned about the legitimate place of mātauranga Māori and kaupapa Māori in kāwanatanga spaces and work to alleviate and mitigate bureaucratic pressures imposed by the dominant Westminster model of governance. Māori leadership practices are designed and constructed through personal models of leadership shaped by Māori values, legacies, whakapapa, and whānau upbringing. Māori leadership practice has influence beyond the hierarchical structures of kāwanatanga. Metaphorically, Māori public servants are manu kōrero (literally, knowledge birds) who, given the right conditions, would not operate alone singularly, but operate as many birds, as Manurau (literally, one hundred birds). They work inside kāwanatanga – empowering and leading others, expressing rangatiratanga from a position of personal integrity, humility, and authority. This study applied critical theoretical tools for research and analysis and found answers that are rooted in kaupapa and mātauranga Māori methodologies. Te Arawatanga, as a tribal framework, positions the insider Māori researcher into a safe cultural space to be courageous about expressing rangatiratanga in a kāwanatanga context. Whakapapa analysis grounds the research within a Māori ontology. Whakataukī emphasises the Māori voices and narratives framed within the wisdom of ancestors. This study can be said to rest on the shoulders of those with lived experience who see with Māori eyes, hear with Māori ears and feel with a Māori heart. The significance of this thesis therefore provides a ‘starting point’ that seeks to legitimate the Māori leadership contribution to New Zealand’s public service and advocates for greater recognition and validation of Māori leadership practice and indigenous leadership in public administration globally.</p>

scholarly journals Tiếp cận dịch vụ hành chính công đối với người khuyết tật - Hướng đến sự thiết kế dung hợp

2021 ◽  
Author(s):  
Palu
Keyword(s):  
Public Administration ◽  
Independent Living ◽  
People With Disabilities ◽  
Research Process ◽  
Field Trials ◽  
Public Servants ◽  
Persons With Disabilities ◽  
The Right ◽  
The Voice ◽  
Quantitative And Qualitative Methods

The research applied quantitative and qualitative methods to measure satisfaction and analyze possible barriers in accessing public administration services for people with disabilities. By using field trials, the study involves people with disabilities throughout the entire research process to ensure the voice from insiders has been brought out. The results presented that the levels of satisfaction of people with disabilities can be influenced by their perceptions of their rights, local culture, or the urbanization pressure. Notably, the higher the awareness of the right to independent living of people with disabilities is, the lower their satisfaction level is, regardless of receiving support from their relatives or public servants. In surveyed sites, the accessibility of people living with disabilities depends heavily on the political leaders' awareness of the rights of persons with disabilities. Several recommendations for people with disabilities, caregivers, organizations working on disability, and government agencies have been proposed to ensure a favorable environment for people with disabilities to actively exercise their right to access public administration services.

scholarly journals THE SALARY OF PUBLIC SERVANTS IN MACEDONIA (DE LEGE AND DE FACTO)

2019 ◽  
Vol 31 (1) ◽  
pp. 351-354
Author(s):  
Florina Bakievska ◽  
Mimoza Bakievska
Keyword(s):  
General Assumption ◽  
Civil Servants ◽  
Public Official ◽  
Public Servants ◽  
Professional Literature ◽  
Legal Norms ◽  
Legal Provisions ◽  
Selective Approach ◽  
The Status ◽  
The Right

The subject of this paper is the salary of public servants as an institut of economic and legal nature, the manner of its establishment, the basis, as well as the legal criteria on which the calculation is based. The general assumption is that administrative officials in our country are divided into two large groups depending on whether they are employed in state bodies and local government bodies (civil servants) or in a public sector institution that performs public service (public servants). Considering the fact that it is the same type of employees who perform public interest matters, the assumption is the existence of de lege equal salary for an equal qualification level and title. The legal treatment of this institute refers to the conclusion that there is no imbalance in the result of all the determined parameters and criteria. But the direct application of the same provisions of the same law shows the presence of practical inconsistencies and different results for the same phenomenon, ie, an unequal salary for the same group of administrative officials. The idea is to perceive the selective approach in the application of such legal provisions and the consequences of such discriminatory potency. This means that there are situations where there is no equitable salary. The occurrence is more frequent when the administrative public official requests de facto application of the legal norms regarding the establishment of his salary according to the status of an official, thus starting the period of application of the right to equal access in determining the amount of salary of the administrative officials in accordance with the law. This research implements the method of analysis of the content of laws and other professional literature, as well as the still small number of filed and completed court cases in labor disputes. The results point to the conclusion that there is an equal legal basis but an unequal approach in calculating the salary of public and civil servants.

scholarly journals REASONABLE OPPORTUNITY OF BEING HEARD UNDER ARTICLE 135(2) OF THE FEDERAL CONSTITUTION: A MIST

2019 ◽  
pp. 113-120
Author(s):  
Zukiferee Ibrahim ◽  
Abdul Majid Tahir Mohamed
Keyword(s):  
Federal Court ◽  
Privy Council ◽  
Public Servants ◽  
Federal Constitution ◽  
The Law ◽  
The Right

Article 135(2) of the Federal Constitution provides a right to be heard to any public servants in case of dismissal or reduction in rank by adopting the term ‘reasonable opportunity of being heard’. Meanwhile, the Privy Council in Najar Singh’s case in 1976 established a principle that the right to be heard under Article 135(2) does not imply the right to be heard orally. Despite this precedent, the term remains contentious in the courts of law as to whether the term includes the right to the oral hearing. Recently, in 2018 the Federal Court in Vijayaroa’s case inclines in favor of affording a right to be heard orally to an officer facing disciplinary proceedings. This article examined the scope of the term ‘reasonable opportunity of being heard' under Article 135(2) and analyzed the development of the cases law on the right to an oral hearing in disciplinary proceedings against public servants. The finding shows that the statutory term ‘reasonable opportunity of being heard’ has been interpreted inconsistently by the courts. Thus, the law on this issue remains unsettled.

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