scholarly journals Direct Participation of Citizen in Democratic Decision Making at the Local Level

2016 ◽  
Vol 1 (1) ◽  
pp. 143
Author(s):  
Ramiz Fazliu
Keyword(s):  
Decision Making ◽  
Local Level ◽  
Legal Norms ◽  
Direct Participation ◽  
The Usa ◽  
Common Interests ◽  
The Common ◽  
Public Audience ◽  
The Right ◽  
Central And Southeastern Europe

The Essence every proper democracy is characterized by the level of participation of citizens in decision-making for different local issues and affairs. The right of direct participation of citizens in decision-making on local issues proclaimed even by the norms prescribed by domestic legal frame (countries apart) but also internationally, which determine in an almost standardize form the participation of citizens in decision-making such as civic initiatives, gatherings of citizens, referendum, public audience, polls, surveys, petitions etc. Through these forms of participation citizens are directly involved in making decisions about local affairs and issues related to the life and the common interests of the local level. Therefore, people with their participation can influence in decision-making in various fields, such as, in the area of decision-making for local policies dealing with legal acts (regulations and other local acts), plans and programs, as well as concrete development projects at the local level. The object of this paper deals with the most common forms of citizen’s participation in decision making at the local level which are illustrated with some concrete examples on how is regulated by legal norms and practically implemented in some countries with developed democracies: the USA, Great Britain, Switzerland and the countries of Central and Southeastern Europe such as Estonia, Hungary, Kosovo

Lucius Crassus and Cicero: The Formation of a Statesman

1971 ◽  
Vol 17 ◽  
pp. 75-88 ◽  
Author(s):  
Elizabeth Rawson
Keyword(s):  
Family Background ◽  
Status Quo ◽  
Political Ideas ◽  
The People ◽  
Family Tradition ◽  
Common Interests ◽  
The Common ◽  
The Right ◽  
The Military ◽  
Practical Level

If we remember anything about Cicero's political ideas, it is that he believed in the right and duty of the senate to exercise supremacy in Rome, but that he also advocated aconcordia ordinmi, an alliance between and recognition of the common interests of senators andequites, to whom property and thestatus quowere sacred. Closely connected with this is the idea of aconsensus omnium bonorum, a wider alliance to include most of theplebs, and Italy. In the service of this ideal of unity he believed that the conservative statesman should beconcordiae causa sapienter popularis, though he should consult the true interests of the people even more than their wishes; and that all government should be mild and conciliatory. These are the views by which we distinguish him from his more obstinate optimate contemporaries, above all Cato, who are less flexible, more rigidly reactionary. Although, since Strasburger's famous study ofConcordia Ordinum, students of Cicero ought to have been prepared to pursue some of these beliefs of his back into the Roman past, too many historians and biographers still give the impression that they were Cicero's own invention (and an unhappy and unrealistic one too, it is often implied). But this is rash. Cicero,pacesome of his detractors, was an intelligent man; but he was not a man of deeply original mind, as would be generally admitted. His greatness lay not in originality, but in the life and form that he could give to the Roman tradition, enriching or illuminating it, sometimes even criticising it, from his knowledge of Greek history and thought.We should be chary therefore of supposing that Cicero's political programme was wholly his own; and, where a programme on a practical level is concerned, we should probably look more closely for Roman than for Greek sources. The first place to search is of course in a man's immediate family background, its position, traditions and contacts. This is true of all ages and places; but it is especially true of Rome. In the recent and justified reaction against the idea of fixed family parties, allied to or warring with certain other families from generation to generation, we are in danger of forgetting that family tradition in a broad sense was often very important. Cicero explains in thede officiishow one should imitate not only themaioresin general, but one's ownmaioresin particular – thus successive Scaevolae have become legal experts, and Scipio Aemilianus emulated the military glory of the first Africanus.

scholarly journals Getting to agreement: mechanisms of deliberative decision-making

2018 ◽  
Vol 10 (3) ◽  
pp. 374-408 ◽  
Author(s):  
Erik O. Eriksen
Keyword(s):  
Decision Making ◽  
Common Good ◽  
Explanatory Power ◽  
The European Union ◽  
International Affairs ◽  
Moral Value ◽  
Social Events ◽  
The Common ◽  
The Right ◽  
Political Decision Making

Deliberation has not only epistemic and moral value, it also has transformative value. Even if deliberation faces the problem of indeterminacy, it is assumed to have explanatory power. This article spells out why this is so and suggests a way to establish the causing effect of deliberation. It outlines a reason-based (RB) model of political decision-making applicable also to international affairs. By specifying a theory of argumentation on collective decision-making, we get to the nuts and bolts of deliberative decision-making, which, when supported by institutional powers, ensures a justified and well-grounded decision. The model contains a set of rules of inference and offers ‘mechanismic’ accounts of social events. It allows for explanations, but not predictions. The RB model conceives of decision-making as consisting of three sequences: claims-making, justification, and learning, each containing a set of explanatory mechanisms: values referring to conceptions of the common good, mandatory norms concerning the right thing to do, and evidence to the fact that non-compliance is wrong. The explanatory potential of this scheme is exemplified with reference to agreement making in the European Union. Some actors changed opinion voluntarily with regard to empowering the European parliament.

scholarly journals Decision and Gender issue – A correlation study

2020 ◽  
Author(s):  
AMAL SANKAR MUKHERJEE
Keyword(s):  
Decision Making ◽  
Gender Issue ◽  
Correlation Study ◽  
Stress And Strain ◽  
Decision Making Capacity ◽  
Adolescence Period ◽  
The Common ◽  
Behavioral States ◽  
And Gender ◽  
The Right

<p><i>Stress and strain are the common symptoms of the adolescence period. Naturally, their lives are full of emotion and they cannot consider all the possible alternatives to be taken as their decision making. Behavioral states and emotional attitudes always obstruct adolescent learners to take proper decision at the right time. The investigator in this study has analyzed the responses of adolescent learners from rural schools for their irresolution in decision making based on various emotional changes. The study concludes that emotion largely affects the decision-making capacity of adolescent learners’, especially female learners.</i></p>

scholarly journals Plain Language in Law in Hungary

2019 ◽  
Vol 11 (3) ◽  
pp. 93-104
Author(s):  
Edina Vinnai
Keyword(s):  
Plain Language ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Legal Professionals ◽  
Eu Directive ◽  
Before And After ◽  
The Usa ◽  
Right To Information ◽  
Police Interrogations ◽  
The Right

AbstractPlain language movement has a long history and has achieved significant changes in the USA and in many European countries. However, the situation is not as good as that in Hungary, especially in the field of law. As a researcher in two empirical “law and language” projects in Hungary since 2000, the author presents her experiences gained during preparing and analysing tape recordings of police interrogations and court hearings as regards comprehension of legal language. The paper focuses especially on the understandability of providing information on the rights and obligations of laymen in legal procedures given by legal professionals. It also summarizes the recent changes in Hungarian legal regulations providing a better understanding of rights and obligations (partly based on the 2012/13/ EU Directive on the right to information in criminal proceedings). As regards the practice of adjudication, the paper compares the way of providing information to laymen before and after the modification of legal norms. Two positive examples can be mentioned: (1) a few years ago, a group of legal and linguistic experts prepared a so-called Stylebook with recommendations to improve the structure and wordings of court verdicts, and (2) within the framework of a project called The Year of Comprehensibility at Courts, 2017 the improvement of comprehensible communication was integrated into an obligatory training for judges.

scholarly journals Court Supervision of the Determination of the Votes at the First General Meeting of Creditors in Estonian Bankruptcy Law

2017 ◽  
Vol 26 ◽  
pp. 76
Author(s):  
Mari Schihalejev
Keyword(s):  
General Meeting ◽  
Bankruptcy Law ◽  
Reasonable Time ◽  
Common Interests ◽  
The Common ◽  
The Law ◽  
Rights And Interests ◽  
The Right ◽  
Current Procedure

 Estonia’s first Bankruptcy Act was passed in 1992 and has been continuously under amendment. Estonian bankruptcy law has provided three distinct procedures for the determination of votes at the first general meeting of creditors: 1) in 1992–2003, the votes were determined only by the trustee; 2) in 2004–2009, the votes determined by the trustee were approved by the court; and 3) under the current law, the court intervenes only if there is a dispute over the determination of the votes. All the amendments notwithstanding, the process of determining the votes under Estonian bankruptcy law remains problematic. The current procedure for the determination of the votes at the first general meeting of creditors does not protect the rights and interests of the creditors, protect the common interests of the creditors, or follow the principle of procedural economy. The law should provide a term that specifies the time by which court rulings on the determination of the votes should be made. Thereby, important decisions could be adopted at the same general meeting, and bankruptcy proceedings could continue. Furthermore, to ensure that disputes are resolved within reasonable time and that the principles of speed and efficiency are honoured, insolvency courts should be created. There is also the problem of determining which issues belong to the disputes about votes. A creditor assigned votes must file proof of claim, together with documents proving the circumstances, with the trustee in three working days. For protecting the creditors’ interests and ensuring a fair and equitable system, the trustee, in co operation with the court, has the right and obligation to verify and evaluate the documents substantiating the claim, in order to prevent unjustified claims from conferring control over the bankruptcy proceedings.

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.

Selection of Outsourcing Supplier Based on AHP

2012 ◽  
Vol 490-495 ◽  
pp. 2921-2925 ◽  
Author(s):  
Wen Li Geng ◽  
Ying Song Hu
Keyword(s):  
Decision Making ◽  
Common Factors ◽  
Analysis Method ◽  
Consistency Check ◽  
Analytic Hierarchy ◽  
Quantitative Analysis Method ◽  
The Common ◽  
The Right ◽  
Hierarchy Process ◽  
Selection Of

With the development of the economy and society, more and more enterprises outsource the procuring of services or products from an outside supplier or manufacturer in order to cut costs. To realize outsourcing, the outsourcing needer must choose the supplier carefully, so the method that how to choose the right supplier to realize the outsourcing is particularly important. Lots of factors should be taken into account, but the common factors are cost, quality, additional resources, prior works and contract terms. With the qualitative analysis and quantitative analysis method of analytic hierarchy process, put forward the model of the outsourcing. The model includes three aspects: objective layer, criterion layer and alternative layer. The objective layer is the aim of select supplier; the criterion layer is the factors which affect the choice and the alternative layer is the different selectable enterprise. After calculating the synthetic level value to order in single level and whole system and though the consistency check, eventually got the different weights of different alternations, it can provides direct basis for the decision-making, that is, the enterprise which has the biggest weight of the choice should be placed ahead of the others.

scholarly journals Carotid Beta Stiffness Association with Thyroid Function

2021 ◽  
Vol 10 (3) ◽  
pp. 420
Author(s):  
Alessandro P. Delitala ◽  
Angelo Scuteri ◽  
Edoardo Fiorillo ◽  
Valeria Orrù ◽  
Edward G. Lakatta ◽  
...  
Keyword(s):  
Heart Rate ◽  
Carotid Artery ◽  
Arterial Stiffness ◽  
Common Carotid Artery ◽  
Local Level ◽  
Elastic Parameter ◽  
Stiffness Index ◽  
Cross Sectional ◽  
The Common ◽  
The Right

Background: Thyroid hormone modulation of cardiovascular function has been associated with cardiovascular disease. Recent evidence suggests that free thyroxine (FT4) levels are associated with an increase in systemic arterial stiffness, but little is known about the effects of FT4 at the local level of the common carotid artery. β-stiffness index is a local elastic parameter usually determined by carotid ultrasound imaging. Methods: We conducted a cross-sectional analysis in the ProgeNIA cohort, including 4846 subjects across a broad age range. For the purpose of this study, we excluded subjects with increased thyrotropin (TSH) levels and those treated with levothyroxine or thyrostatic. We assessed β stiffness, strain, wall–lumen ratio, carotid cross-sectional area (CSA), and stress and flow in the right common carotid artery. We tested whether FT4, heart rate, and their interactions were associated with carotid parameters. Results: FT4 was positively and independently associated with β stiffness index (β = 0.026, p = 0.041), and had a negative association with strain (β = −0.025, p = 0.009). After adding heart rate and the interaction between FT4 and heart rate to the model, FT4 was still associated with the β stiffness index (β = 0.186, p = 0.06), heart rate was positively associated with the stiffness index (β = 0.389, p < 0.001) as well as their interaction (β = 0.271, p = 0.007). Conclusion: This study suggests that higher FT4 levels increase arterial stiffness at the common carotid level, consistent with a detrimental effect on elastic arteries. The effect of FT4 is likely to be primarily attributable to its effect on heart rate.

scholarly journals Decision and Gender issue – A correlation study

2020 ◽  
Author(s):  
AMAL SANKAR MUKHERJEE
Keyword(s):  
Decision Making ◽  
Gender Issue ◽  
Correlation Study ◽  
Stress And Strain ◽  
Decision Making Capacity ◽  
Adolescence Period ◽  
The Common ◽  
Behavioral States ◽  
And Gender ◽  
The Right

<p><i>Stress and strain are the common symptoms of the adolescence period. Naturally, their lives are full of emotion and they cannot consider all the possible alternatives to be taken as their decision making. Behavioral states and emotional attitudes always obstruct adolescent learners to take proper decision at the right time. The investigator in this study has analyzed the responses of adolescent learners from rural schools for their irresolution in decision making based on various emotional changes. The study concludes that emotion largely affects the decision-making capacity of adolescent learners’, especially female learners.</i></p>

Biotechnology and Patent Infringement in the USA

1999 ◽  
Vol 13 (3) ◽  
pp. 203-214 ◽  
Author(s):  
David L. Parker ◽  
Nicole Stafford
Keyword(s):  
Common Law ◽  
Judicial Interpretation ◽  
Biotechnology Research ◽  
Patented Invention ◽  
The Usa ◽  
Reward Process ◽  
The Common ◽  
The Right ◽  
Patented Inventions ◽  
Apparent Conflict

Patent systems attempt to stimulate innovation through a reward process that provides the right to exclude others from making, using, selling, or offering to sell the patented invention for a defined period of time. A critical dilemma is presented by the need to ensure at the same time that researchers have the opportunity to improve on what previous research has achieved. Patented inventions which have a significant – if not sole – usefulness in the pursuance of further research are at the centre of this dilemma. In this paper, the authors discuss this apparent conflict in the context of US biotechnology research and patent legislation. They briefly review the origins of the common law research exemption doctrine in the USA and discuss the research exemption of 35 USC Section 271(e)(1) and its judicial interpretation. They then consider a variety of proposals from commentators, and draw up their own recommendations for an approach which carefully balances the need to promote innovation through the granting of valid patents with the need to preserve research access to basic inventions which constitute valuable starting points for the furtherance of research or tools which improve researchers' ability to innovate.

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