A Progressive Era Idea for Reforming Government that Didn’t Make It: Recall of Judicial Decisions

Public Voices ◽  
2016 ◽  
Vol 13 (1) ◽  
pp. 58
Author(s):  
Mordecai Lee
Keyword(s):  
Public Sector ◽  
Progressive Era ◽  
Academic Discipline ◽  
Public Reporting ◽  
Reform Movement ◽  
Court Decisions ◽  
The Public ◽  
Judicial Decisions ◽  
Progressive Reforms ◽  
Original Concept

As a reform movement and an academic discipline, American public administrationgenerally coalesced during the Progressive era (1890-1920). Progressive reforms for the public sector seeped deeply into the DNA of the field, including separation of civil servants from politics, reliance on expertise, fewer elected offices, and public reporting of agency activities. However, not all of the governmental reforms proposed during this era were enacted. One of the most controversial and least known was Theodore Roosevelt’s proposal in 1912 that the voters be able to have a referendum on major court decisions, permitting them to overturn those decisions. His idea was only enacted in Colorado, where it remained on the books until 1921. This article reviews the original concept and its history in Colorado.

scholarly journals Friedrichs v. California Teachers Association: The American Labor Relations System in Jeopardy

2017 ◽  
Author(s):  
Ann C. Hodges
Keyword(s):  
United States ◽  
Public Sector ◽  
Labor Relations ◽  
The United States ◽  
Court Decisions ◽  
Union Security ◽  
The Public ◽  
The Supreme Court ◽  
History Of ◽  
American Labor

The petitioners in Friedrichs v. California Teachers Association seek to overturn longstanding law relating to union security in the public sector. A decision in favor of the petitioners will invalidate provisions in thousands of collective bargaining agreements covering millions of workers. Additionally, it has the potential to upend the labor relations system in the United States. To understand how this might be the case, this Issue Brief will review the history of union security and the Supreme Court decisions that upheld union security agreements in the public sector. The Issue Brief will then look at the Friedrichs case itself, engaging in an analysis of the case which concludes that the Court should reach the same result as in prior cases.

Bench over Ballot: The Fight for Judicial Supremacy and the New Constitutional Politics, 1910–1916

2020 ◽  
pp. 1-22
Author(s):  
Logan Stagg Istre
Keyword(s):  
Progressive Era ◽  
Federal Courts ◽  
Turn Of The Century ◽  
Constitutional Politics ◽  
The Public ◽  
Public Square ◽  
Judicial Decisions ◽  
Judicial Supremacy ◽  
Definition Of ◽  
Political Battle

Abstract The nature of American constitutional politics was forever changed during the Progressive Era. In the nineteenth century, the process of constitutional interpretation was a vague and decentralized enterprise balanced between the courts and the public square. The meaning of the Constitution was decided as much at the polls or on the battlefield as in court opinions. This balance started to give way at the turn of the century as federal courts began asserting greater authority in the definition of constitutional bounds. “Bench over Ballot” illustrates how the assertion of judicial supremacy in the Progressive Era precipitated a fight that upended the traditional dynamic of American politics. Populist-progressives championed the people's ultimate right to correct judicial decisions while traditionalist-conservatives stood for judicial supremacy to ensure a “government of laws.” The outcome of the political battle in 1912 was a consensus between Wilsonian progressives and Taftian conservatives in favor of judicial supremacy that banished the notion of popular supremacy and transformed the nature of constitutional politics from a popular, decentralized process to a vicious battle over the personal composition of the bench—a phenomenon deeply familiar over a century later.

scholarly journals ANALISIS ALAT BUKTI YANG SAMA DALAM PERKARA PIDANA YANG BERBEDA (STUDI KASUS SETYA NOVANTO DALAM PUTUSAN PRAPERADILAN PENGADILAN NEGERI JAKARTA SELATAN NOMOR: 97/PID.PRAP/2017/PN.JKT.SEL)

2018 ◽  
Vol 1 (1) ◽  
pp. 74
Author(s):  
Alnan Marchelita Pradewi ◽  
Firman Wijaya
Keyword(s):  
Law Enforcement ◽  
Needs Analysis ◽  
District Court ◽  
Court Decisions ◽  
Criminal Cases ◽  
The Public ◽  
Judicial Decisions ◽  
Law Enforcement Officials

Evidence is the important instrument to decide criminal cases and Its began from investigation, prosecution, until court decisions. Evidence is arrange in article 184 and explanation of KUHAP. Police investigating to determine someone be a suspect or unknown through investigation about entanglement according to evidence any goods and the evidence available. In fact many law enforcement officials such as police used power revenue and their authority to quickly resolve the cases with no accordance to the procedure. Therefore to minimize those things law enforcement need supervision as pretrial. Pretrial have authority to judge about legal or failure arrest, detention termination investigation or termination prosecution; compensation and or rehabilitation for criminal cases stopped at the investigation or prosecution. Related to the verdict of South Jakarta District Court number 97/Pid.prap/2017/Pn.Jkt.Sel, judge Cepi Iskandar said that the same evidence cannot be used as evidence in other criminal cases brought many different polemics. Generally judge decide on criminal cases based to article 183 KUHAP and in fact many criminal cases was using the same evidence especially to cases with more than one defendant or participation cases. Judge Cepi Iskandar decision have given uncertainty law in the public, so it needs analysis and further discussion about the evidence and the consideration on that judicial decisions.

Internal auditing in the public sector: a systematic literature review and future research agenda

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Michail Nerantzidis ◽  
Michail Pazarskis ◽  
George Drogalas ◽  
Stergios Galanis
Keyword(s):  
Public Sector ◽  
Literature Review ◽  
Systematic Literature Review ◽  
Academic Discipline ◽  
Future Research ◽  
Internal Auditing ◽  
Operational Effectiveness ◽  
Content Type ◽  
The Public ◽  
Future Research Agenda

PurposeThis study reviews post-2009 literature on public sector internal auditing (IA) and addresses three interrelated research questions (RQ): How is research on the public sector IA being developed? What are the focus and criticisms of the literature on public sector IA? What is the future of public sector IA research?Design/methodology/approachWe adopt a systematic literature review approach and analyze 78 peer-reviewed journal articles published between 2010 and 2019. We evaluate five criteria to identify the development of public sector IA research (RQ1), namely level of government, academic discipline, number of countries, geographic areas and MSCI country classification. Similarly, we use four criteria to present the focus and criticisms of the literature (RQ2), namely, type of organizational respondent, research instrument, theories and research theme examined. Finally, we use two criteria to propose new directions for future research (RQ3), namely, the directions resulted from RQ1 and RQ2 and the directions highlighted by the 10 most cited studies in the IA literature (i.e. out of the 78 papers identified).FindingsWe find an increase of publications up to 2017, most of which are single country–focused, particularly on emerging markets. Moreover, we note that IA has been studied at all government levels, most often at the local government level. Although we identify multiple research themes examined in the literature, most studies emphasize “governance” and “operational effectiveness” using quantitative analysis, without reference to any theory. By analyzing these key features, we critically interpret the challenges as well as the skepticism that may surface by researchers. Finally, considering implications from this stream of research and analyzing the most influential studies, we recommend new avenues for investigation such as comparative studies among countries and different markets that provide further evidence on the international and regional levels and studies on the effect of cultural, institutional and demographical characteristics in IA.Practical implicationsOur results will help researchers, practitioners and consultants to identify the key issues related with IA.Originality/valueThis study is the first to provide a systematic literature review on public sector IA. Furthermore, it develops insights, critical reflections and avenues for future research in this field.

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