scholarly journals Environmental Rights for the Canadian Citizen: A Prescription for Reform

1969 ◽  
pp. 153 ◽  
Author(s):  
R. T. Franson ◽  
P. T. Burns
Keyword(s):  
Environmental Impact ◽  
Focal Point ◽  
Public Awareness ◽  
Legal Framework ◽  
Environmental Rights ◽  
Administrative Process ◽  
The Public ◽  
Environmental Consequences ◽  
Public Hearings ◽  
Private Wrongs

The environment isa subject that recently has come to the fore of public awareness andhascreated much interest and controversy.Sotoo has the legal framework which surrounds the environment. The authors discuss the environment and the lack of care taken to preserve the environment when administrative decisions are made. The authors point out that the lack of co-ordination between these administrative tribunals often leaves the environmental consequences of these administrative decisions to their fate. The traditional checks on the administrative process are -used primarily to remedy private wrongs and since wrongs to the environment are more public in nature, the requisite standingisusually lacking. Thus, the administrative decisions are insulated from review in this way. Also, most statutes do not require public hearings to be held, thus the public has no input into the decisions. The authors, feeling this path of insulated administrative decisions could lead to dire consequences, have recommended changes involving the legal framework which surrounds the environment. They feel that there should be more public input into the administrative decisions. Legislation should be enacted that would require that environmental impact studies be done before these decisions are made. The authorsalsorecommend that legislation be enacted to give a methodoffiducial redress forinjuriesto the environment by creating a right to a safe, clean and healthful environment. The authors suggest that compensation schemes, although necessary should not be the focal point of environmental redress, but that the legal framework surrounding the environment should be geared to prevention of damage, rather than compensation after the damage as occurred.

scholarly journals Forms and mechanisms of participatory democracy

2021 ◽  
Vol 24 (1) ◽  
pp. 15-25
Author(s):  
Tetiana Kuzhda ◽  
Mykhailo Halushchak ◽  
Olha Halushchak
Keyword(s):  
Civil Society ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Budget Process ◽  
The Public ◽  
Public Hearings ◽  
Local Initiatives ◽  
The Government ◽  
Local Budget

The most important aspects of effective citizen-government interaction, successful development of civil society institutions, community and state depend on forming, legal consolidation and practical use of an effective forms and mechanisms of participatory democracy in Ukraine. Effective practical use of participatory democracy depends on the legal framework, the government's willingness to cooperate, as well as the competence and willingness to engage with civil society activists and the proper development of civil society institutions that contribute to democratization and development of Ukrainian society. The levels of citizen-government interaction including an informational, informational-consultative, mutual participation have been expanded by singling out the constant dialogue and mutual participation, public control and e-democracy. The citizens’ appeals, electronic petitions, public hearings, meetings of citizens at the place of residence, local initiatives, local referendum, advisory bodies, self-organization bodies, public discussions and public expertise as the forms of participatory democracy have been described in the article. The differences between the forms of participatory democracy in terms of the order of their preparation, implementation and legal consequences have been indicated. The role of public participation in the budget process has been determined and the participation budget was singled out as a tool of the community for better understanding of local budget and forming their own projects. The advantages of practical use of participatory democracy for the public and the government have been clarified, in particular, strengthening the level of mutual dialogue, increasing its efficiency and the government's response to public problems; growing citizens' trust in the government; improving the image of government through the implementation of transparency, openness and involvement; and consideration of public recommendations by the subjects of power within the framework of certain procedures.

scholarly journals Modern practice of public hearings in Russia

2020 ◽  
Vol 7 (4) ◽  
Author(s):  
Vladimir Pinaev ◽  
Tatiana Kukhtina
Keyword(s):  
Environmental Impact ◽  
Russian Federation ◽  
Current Practice ◽  
The Public ◽  
Expert Review ◽  
Public Hearings ◽  
The Russian Federation ◽  
The Right ◽  
Two Stages ◽  
Public Consultations

The article describes the current practice and features of public consultations conduction in accordance with the requirements of the legislation of the Russian Federation. Other ways of informing the public are considered. The authors describe the experience of organizing and conducting public consultations and hearings on the materials of the environmental impact assessment of planned economic and other activities that are subject of state expert review in various regions of the Russian Federation. The right of everyone on a favorable environment and reliable information about its condition, which is encorporated in the Constitution of the Russian Federation, makes it necessary to inform the public about planned economic and other activities and their possible impact on the environment. The article describes two stages of conducting public consultations and provides established practices for organizing public hearings. The requirements for the announcement of public consultations and its publication are explained. Requirements for opening public receptions in places where public hearings will be held are presented. The requirements for the content of the protocol of public consultations as a result of organizing public hearings are given. The article contains information about the current realities of organizing and conducting public consultations, taking into account the current practice on the ground.

scholarly journals As audiências públicas e o diálogo dos saberes: uma abordagem sobre a instalação de hidrelétricas e seus impactos ambientais / The public hearings and dialogue of knowlegdes: an approach on the plants installation and its environmental impacts

2017 ◽  
Vol 13 (2) ◽  
pp. 137 ◽  
Author(s):  
Carolina Carneiro Lima ◽  
João Batista Moreira Pinto
Keyword(s):  
Environmental Impact ◽  
Environmental Impacts ◽  
Theoretical Framework ◽  
Public Hearing ◽  
The Public ◽  
Shared Management ◽  
Public Hearings

O presente artigo realiza uma análise sobre a instalação de hidrelétricas, seus impactos ambientais e a importância das audiências públicas. A abordagem gira em torno dos princípios da informação e da participação, envolvendo o diálogo dos saberes que deve permear uma gestão compartilhada. A instalação da Usina Hidrelétrica da Fumaça é usada como referencial de abordagem. A pesquisa tem como marco teórico a obra de Enrique Leff, “Aventuras da Epistemologia Ambiental” e como método, o analítico-dedutivo. O estudo é bibliográfico e busca responder ao problema que tem seu cerne na importância do diálogo dos saberes e na participação coletiva nas audiências públicas.AbstractThis paper realizes an analysis about the installation of hydropower, their environmental impacts and the importance of public hearings. The approach goes around the principles of information and participation, involving dialogue of knowledge that must permeate a shared management. The installation of Fumaça hydropower is used as referential approach. The research has as theoretical framework the work of Enrique Leff, “Aventuras da Epistemologia Ambiental” and as a method, the analytical-deductive. The study is bibliographic and looks for the answer to the problem that has its heart in the importance of dialogue of knowledge and collective participation in public hearings.Keywordshydropower; environmental impact; public hearing; dialogue of knowledge; principles of participation and information.

scholarly journals Development-Led or 'Preventive' Archaeology in the Grand Duchy of Luxembourg

2021 ◽  
Author(s):  
Mei Duong
Keyword(s):  
Construction Projects ◽  
Public Awareness ◽  
Legal Framework ◽  
Research Centre ◽  
Archaeological Research ◽  
Archaeological Heritage ◽  
The Public ◽  
Local Decision ◽  
Local Decision Making ◽  
Grand Duchy

The preventive archaeology system in Luxembourg was developed during the 1990s. Archaeological heritage is now managed by the National Archaeological Research Centre/Centre national de recherche archéologique (CNRA), founded in 2011, although there is still no legal framework within which archaeology can be protected. A draft law implementing the principles of the Valletta Convention will provide the structure for the CNRA to assess construction projects and require archaeological investigations. This paper outlines the development of the system, notes the challenges and highlights opportunities to raise public awareness, which are keys to engage the public in local decision making, through the communes.

PUBLIC PARTICIPATION IN EIA: A STUDY FROM A PORTUGUESE PERSPECTIVE

2000 ◽  
Vol 02 (04) ◽  
pp. 561-582 ◽  
Author(s):  
CONSTANÇA VASCONCELOS ◽  
ANDY HAMILTON ◽  
PETER BARRETT
Keyword(s):  
Environmental Management ◽  
Civil Society ◽  
Environmental Impact ◽  
Public Participation ◽  
Research Work ◽  
Legal Framework ◽  
The Public ◽  
Brief Assessment ◽  
Current State ◽  
Universal Instrument

This paper focuses on Environmental Impact Assessment (EIA) since it was the first and is the most universal instrument requiring public participation in environmental management. After considering the origins of EIA and its relationship to the inherent problems in environment and sustainability, we put it in the context of "The Portuguese Case". Portugal's involvement in the European environmental debate only began after the 1974 revolution. After 40 years of repressive dictatorship, the Portuguese society is characterised by a lack of traditions in civil society, the centralisation of the state, clientelism and bureaucracy. We examine the legal framework for EIA in Portugal and its interaction with various levels of government. Within this context the results of our research work are discussed. The interviews carried out with stakeholders in the Portuguese EIA process show that public participation occurs too late in the process and that the methods of consultation are generally considered inadequate. A growing demand by the public for better systems of consultation is noted. An analysis of the current state of Portuguese EIA is given and, based on this analysis, suggestions for improving the process are made. A brief assessment is made of new legislation (decree law 69/2000) concerning EIA.

scholarly journals Religious Radicalism and Pluralism: The Conflict Between Religious People and Relation of Power Industry in Bekasi

2015 ◽  
Vol 2 (2) ◽  
pp. 45-56
Author(s):  
Aden Rosadi
Keyword(s):  
State Government ◽  
Good Governance ◽  
Social Issues ◽  
Public Awareness ◽  
Transition Process ◽  
Legal Framework ◽  
The Public ◽  
Religious Radicalism ◽  
The Government ◽  
The Relationship

Based on category, this program leads to three social issues. First, public awareness about the significance of the view of life that is more tolerant, open and more pluralis amid development of industrialization. Industrialization that developed in centers of growth (growth poles), which prominently still holdsrural-agrarian values, has given rise to what is called the proletarian farmers. "Proletarisation" was preceded by transition process of the function of farmland into industrial land, thus causing economic activity became more intense and integrated into industrial capitalism. This leads to the occurrence of an identity crisis that led to theopposition attitude in most communities, especially those who associated with the existence of other religions. Second, these changes have an impact on the emergence of community with radical attitude by carrying the religious themes. The construction of houses of worship, which is actually the "House of God" for any religions, considering the dangers may threaten the existence of the community and other faiths. The value system was formed, as a society oppressed became one of the motivators and catalysts for the inception of religious radicalism at the low level community. Third, the Government's policy regarding the construction of a harmony is among believers. This last part is related to the concept of good governance. As an institutional approach, the concept of good governance (good governance) is defined as the interaction between the organizers of the State (Government) and groups in the community. According to the World Bank, there are at least four important dimensions of good governance, i.e. example, effective legal framework, information that is in line with the transparency (accountability or Government) and the availability of well-educated workforce. In this context, the position of District Government of Bekasi becomes one of the institutions, which is responsible for the running of the relationship between the Government, employers or investors, religious figures, and the public as the three interest groups that cannot be separated in developing awareness of pluralism in religious life in the community.

scholarly journals Contested extractivism: impact assessment, public engagement, and environmental knowledge production in Alaska's Yukon-Kuskokwim Delta

2020 ◽  
Vol 27 (1) ◽  
pp. 1166-1188
Author(s):  
Jonathan Tollefson ◽  
Bindu Panikkar
Keyword(s):  
Environmental Impact ◽  
Social Action ◽  
Public Engagement ◽  
Knowledge Production ◽  
Public Awareness ◽  
Environmental Knowledge ◽  
Environmental Impact Statement ◽  
Gold Mine ◽  
The Public ◽  
Truth Claims

For large extractive mineral projects, Environmental Impact Statement (EIS) processes function in part as a procedural tool to adjudicate the legitimacy of divergent environmental truth claims. Successful anti-extraction movements work to litigate divergent knowledge claims in the public arena, but few anti-extraction communities have access to a broad public audience. This article examines the proposed Donlin Gold mine in southwestern Alaska, a locally divisive yet publicly invisible extraction controversy, to understand how communities contest the boundaries of knowledge production and legitimacy set out by EIS procedures without the benefit of broad public awareness. Through a multi-method analysis of the public engagement segment of Donlin's Draft EIS, we find that anti-Donlin activists worked to construct environmental knowledge that drew jointly on claims to local knowledge and scientific expertise through a temporary assemblage of local activists and external consultants. The contested epistemic understandings of residents, expert consultants, and state and federal regulators further reveal the role of regulatory processes in constructing and maintaining boundaries of epistemic legitimacy, while also pointing to emergent possibilities for social action based in locally-situated environmental truth claims.Key Words: Environmental Impact Statement, mining, truth claims, Donlin Gold mine, Alaska

scholarly journals The media victimisation of the defendant through the violation of the presumption of innocence

Temida ◽  
2020 ◽  
Vol 23 (2) ◽  
pp. 271-291
Author(s):  
Lazar Djokovic
Keyword(s):  
Public Awareness ◽  
Direct Consequence ◽  
Legal Framework ◽  
Electronic Media ◽  
Theoretical Concept ◽  
Presumption Of Innocence ◽  
The Public ◽  
The Right To Privacy ◽  
The Media ◽  
The Right

The paper analyses the theoretical concept and legal framework of the presumption of innocence and the significance of the consequences of its violation by the media in Serbia, which leads to the victimization of the accused. An analysis of examples of reporting of selected electronic media is presented, in which the way the media violates the presumption of innocence is indicated. In order to draw the attention of the professional and general public to the consequences of unethical media reporting on crime, it is pointed out that they are reflected in the impossibility of proper development of the defendant?s personality, stigmatization as a direct consequence of media treatment to which he was exposed, and degradation of the right to privacy. The author concludes that it is necessary to work on raising public awareness of the unforeseeable harmful consequences for the personality of all those who are associated with a criminal event in the media and to more legally regulate the ban on violating the presumption of innocence by the media, and achieve a balance between the presumption of innocence, as a part of the corpus of the defendant?s rights, and the right of the public to be informed on time of the state of crime.

Finding Fault with the Nexus Pipeline? Agency Capture and the Public Good

2017 ◽  
Vol 1 (1) ◽  
pp. 1-8
Author(s):  
Andrew R. Kear
Keyword(s):  
Natural Gas ◽  
Environmental Impact ◽  
Public Good ◽  
Health And Safety ◽  
Environmental Impact Statement ◽  
Gas Industry ◽  
The Public ◽  
Fracturing Process ◽  
Natural Gas Industry ◽  
Regulatory Commission

Natural gas is an increasingly vital U.S. energy source that is presently being tapped and transported across state and international boundaries. Controversy engulfs natural gas, from the hydraulic fracturing process used to liberate it from massive, gas-laden Appalachian shale deposits, to the permitting and construction of new interstate pipelines bringing it to markets. This case explores the controversy flowing from the proposed 256-mile-long interstate Nexus pipeline transecting northern Ohio, southeastern Michigan and terminating at the Dawn Hub in Ontario, Canada. As the lead agency regulating and permitting interstate pipelines, the Federal Energy Regulatory Commission is also tasked with mitigating environmental risks through the 1969 National Environmental Policy Act's Environmental Impact Statement process. Pipeline opponents assert that a captured federal agency ignores public and scientific input, inadequately addresses public health and safety risks, preempts local control, and wields eminent domain powers at the expense of landowners, cities, and everyone in the pipeline path. Proponents counter that pipelines are the safest means of transporting domestically abundant, cleaner burning, affordable gas to markets that will boost local and regional economies and serve the public good. Debates over what constitutes the public good are only one set in a long list of contentious issues including pipeline safety, proposed routes, property rights, public voice, and questions over the scientific and democratic validity of the Environmental Impact Statement process. The Nexus pipeline provides a sobering example that simple energy policy solutions and compromise are elusive—effectively fueling greater conflict as the natural gas industry booms.

THE INTERPRETATION OF ISLAM WITHIN THE FRAMEWORK OF THE INDIGENOUS MALAYA

2021 ◽  
Vol 4 (2) ◽  
pp. 1-9
Author(s):  
Datuk Assoc. Prof. Dr. Wan Ahmad Fauzi Wan Husain
Keyword(s):  
Qualitative Study ◽  
Legal History ◽  
Legal Framework ◽  
Public Prosecutor ◽  
The Public ◽  
Accurate Interpretation ◽  
Federal Constitution ◽  
Indigenous Sovereignty

This article attempts to explore the Islamic interpretation within the legal framework of the Malayan indigenous sovereignty. The position of Islam within the country’s legal framework became important when the Court’s decision in Che Omar Che Soh vs the Public Prosecutor, made the sovereignty of the Malay Rulers as a parameter in interpreting Islam within the context of Article 3 of the Federal Constitution. This is a qualitative study applying the legal history design. The findings showed the indigenous sovereignty was sourced from the Islamic teachings which had not been dissolved despite the introduction of the doctrine of advice by the British. Besides, the agreement made between the Malay Rulers and the British retained the indigenous sovereignty despite of various policies introduced by the British throughout their interference in Malaya which was subjected to the old Malayan Constitution. In conclusion, the accurate interpretation of Islam should be based on the al-Qur'an and al-Sunnah because it is in line with the principle of the indigenous sovereignty inherited from the Malay Sultanate of Malacca.

Sign in / Sign up

Export Citation Format

Share Document