A century of Procedural Due Process Guarantees in Constitutions Worldwide

1993 ◽  
Vol 14 (2) ◽  
pp. 3-52
Author(s):  
Alex Inkeles ◽  
Jon C. Hooper
Keyword(s):  
Content Analysis ◽  
Due Process ◽  
Family Education ◽  
Nation States ◽  
Procedural Due Process ◽  
Institutional Structures ◽  
The Family ◽  
The World ◽  
Due Process Rights ◽  
Over Time

We here report the results of a content analysis focussed on the due process rights or guarantees which were provided to citizens under all the national constitutions extant in the world at 20 year intervals during the period from 1870 to 1970. Our study had three objectives. First, we sought to test the assumption that the granting of procedural guarantees by national constitutions was. over time, both being expanded within countries and being diffused worldwide across all countries, thus providing additional examples of the tendency for institutional forms to diffuse around the world and consequently for nation states to converge in their institutional structures and practices, tendencies already observed and documented in other realms such as the family, education, and retirement.

scholarly journals Evangelization and Causes of Religion Conversion from Hindu to Christian at Badung District Bali

2012 ◽  
Vol 19 (2) ◽  
pp. 159
Author(s):  
Ni Kadek Surpi
Keyword(s):  
Birth Order ◽  
Religious Conversion ◽  
Cultural Factors ◽  
Family Education ◽  
Conversion Factors ◽  
East Indies ◽  
The Social ◽  
The Family ◽  
The World ◽  
Family Breakdown

<p><em>This research focuses on the effort of evangelization and religious conversion factors from Hinduism to Christianity in Badung, Bali. Bali as a unique island and famous all over the world has long been used as a target of missionary. In the early stages, the process of spreading Christianity is very slow. Even, Dutch East Indies government closed the door to evangelization and prohibited its activities in Bali. This study uses a cross field of knowledge and find that there are many causes behind the religion conversion in the area of study.</em> <em>Findings of this research shows that the reason for religious conversion is the social upheavals because of dissatisfaction on system and religion, individual crises, eco- nomic and socio-cultural factors, the influence of mysticism, spiritual thirst and the promise of salvation, family breakdown and urbanization, wedding and birth order in the family, education and professional evangelistic activity and lack understand- ing of Hinduism.</em></p>

scholarly journals Texas Advance Directives Act: Nearly a Model Dispute Resolution Mechanism for Intractable Medical Futility Conflicts

2016 ◽  
Vol 16 (1) ◽  
pp. 22 ◽  
Author(s):  
Thaddeus Mason Pope
Keyword(s):  
Dispute Resolution ◽  
Advance Directives ◽  
Due Process ◽  
Medical Futility ◽  
The United States ◽  
Life And Death ◽  
Procedural Due Process ◽  
The World ◽  
Dispute Resolution Mechanism ◽  
Texas Advance Directives Act

<em>Increasingly, clinicians and commentators have been calling for the establishment of special adjudicatory dispute resolution mechanisms to resolve intractable medical futility disputes. As a leading model to follow, policymakers both around the United States and around the world have been looking to the conflict resolution provisions in the 1999 Texas Advance Directives Act (‘TADA’). In this article, I provide a complete and thorough review of the purpose, history, and operation of TADA. I conclude that TADA is a commendable attempt to balance the competing goals of efficiency and fairness in the resolution of these time-sensitive life-and-death conflicts. But TADA is too lopsided. It is far more efficient than it is fair. TADA should be amended to better comport with fundamental notions of procedural due process.</em>

The FASB's Dissenting Opinions

2015 ◽  
Vol 29 (2) ◽  
pp. 363-375 ◽  
Author(s):  
Michael E. Bradbury ◽  
Julie A. Harrison
Keyword(s):  
Content Analysis ◽  
Conceptual Framework ◽  
Due Process ◽  
Accounting Standards ◽  
Financial Accounting ◽  
Financial Accounting Standards Board ◽  
Research And Practice ◽  
Before And After ◽  
Over Time

SYNOPSIS This paper provides a commentary on the results of a content analysis of dissenting opinions in Financial Accounting Standards Board (FASB) standards. During 1973 to 2009 the FASB issued 171 financial accounting standards. Half of these standards contained dissenting opinions. We identify and classify dissenting opinions based on whether the arguments are conceptual (conceptual framework-related or non-framework-related) or non-conceptual (e.g., scope, due process). We examine whether the types and frequencies of arguments change over time in response to the development of the FASB's conceptual framework and provide a commentary on the role of these opinions and the usefulness of analyzing them for research and practice. Our main finding from our analysis is that conceptual arguments are the most frequently used in the dissenting opinions, both before and after the introduction of the conceptual framework. However, of note is that many of the arguments raised, while conceptual in nature, are not from the conceptual framework. We suggest this indicates either a need for the conceptual framework language to be more widely used by the authors of dissenting opinions and/or the emergence of new conceptual arguments that may be relevant for future revisions of the conceptual framework.

scholarly journals Narrating family histories: Negotiating identity and belonging through tropes of nostalgia and authenticity

2015 ◽  
Vol 66 (3) ◽  
pp. 449-465 ◽  
Author(s):  
Julia Bennett
Keyword(s):  
Everyday Life ◽  
Social Life ◽  
Material Objects ◽  
Ontological Security ◽  
Personal Stories ◽  
Family Histories ◽  
The Family ◽  
Family Resemblances ◽  
The World ◽  
Over Time

Studying change is at the heart of any investigation into social life, whilst continuity is seen as central to a stable identity over time. Change is an unsettling, but inevitable, part of everyday life; continuity speaks of repetition over time, unity and the comfort of belonging. This article examines how themes of nostalgia and authenticity are evoked in telling family histories in order to negotiate change and create a continuous story of belonging. Three family histories demonstrate how material objects, places and claims of family resemblances are used to create both authentic identities and authentic selves belonging to the wider community. Where there is a break in the family story and the ‘world of restorable reach’ is no longer available nostalgia creeps in to replace personal stories with communal ones. Through using both nostalgia, to inform a sense of loss and sometimes a shared past, and authenticity, to create a sense of continuity within an overall arc of change, this article shows how family histories can work to maintain identities over time, retaining a sense of ontological security and belonging in place.

Methods of implementations of IFRS: Proposition of a classification

2014 ◽  
Vol 1 (1) ◽  
pp. 137
Author(s):  
Youssef Alami ◽  
Mohamed Rachid Ouezzani
Keyword(s):  
Content Analysis ◽  
Due Process ◽  
Listed Companies ◽  
The State ◽  
New Classification ◽  
The World

The IFRS have been adopted by most countries. This adoption differs in terms of method of implementation from one country to another. In fact, according Zeef and Nobes (2010), the adoption of IFRS in the world by countries to listed companies can be classified in accordance to its level of compliance with the IFRS issued by the IASB into four methods: "due process", "standard by standard", "optional" and "not fully converged". These authors have given some examples of adopters’ countries and have not classified the ensemble of countries adopting the IFRS in the world.In this paper, we introduce a new classification of methods of implementation of IFRS based on the three criteria: The conformity with the IFRS Issued by the IASB, the necessity of a regulatory passage and the policy of implementation. Thus, the content analysis of studies and reports issued by several international entities concerning the adoption of IFRS around the world has permitted to establish statistics on the methods of implementation applied by the countries around the world. Additional investigations have showed that the state of implementation of IFRS differs from a continent to another.

scholarly journals Nuremberg: Procedural due process at the International Military Tribunal

2021 ◽  
Author(s):  
◽  
Tessa McKeown
Keyword(s):  
Due Process ◽  
Second World War ◽  
Upper Echelon ◽  
International Military Tribunal ◽  
Procedural Due Process ◽  
Military Tribunal ◽  
War Criminals ◽  
History Of ◽  
Due Process Rights ◽  
Second World

<p>For over sixty years, lawyers and historians have discussed the credibility and repercussions of the Nuremberg Trial (1945–1946). This paper argues that the defendants’ procedural due process rights were partially protected at Nuremberg, although there were gross breaches of particular fundamental due process rights. The Nuremberg Trial at the International Military Tribunal was conducted by the four Allied Powers to try the upper echelon Nazi war criminals following the Second World War. The London Charter, drafted by the Allies, outlined the trial procedure to be adopted, and provided certain guarantees in attempt to secure a fair trial for the twenty-two defendants. This paper examines the history of fundamental due process rights (recognised in both continental Europe and common law jurisdictions) and analyses the extent to which these rights were breached at Nuremberg. This paper further argues that despite the defendants being afforded more rights than they could have expected given the circumstances, such breaches significantly compromised the integrity of the trial.</p>

scholarly journals Meaning of the family and family communication — Experiences of Hikikomoris

2021 ◽  
Vol 9 (2) ◽  
pp. 1
Author(s):  
Salminen-Tuomaala Mari ◽  
Haasio Ari ◽  
Naka Hajime
Keyword(s):  
Health Care ◽  
Content Analysis ◽  
Qualitative Study ◽  
Social Services ◽  
Family Communication ◽  
Family Dynamics ◽  
Family Counseling ◽  
Negative Experiences ◽  
The Family ◽  
The World

The originally Japanese phenomenon of hikikomori, or being socially withdrawn, has been identified in several countries across the world. This qualitative study describes meanings ascribed by self-defined hikikomoris to family and family communication. The study aims at producing knowledge that can be used by professionals in education, health care and social services to support and counsel the socially withdrawn individuals. The data were collected in May 2020 from an anonymous forum for self-defined hikikomoris or socially withdrawn people in Finland. Inductive content analysis was used to analyze the data. The socially withdrawn people had both positive and negative experiences associated with their families. Some of the hikikomoris appreciated the support and encouragement from their families, while others associated their failures in life with poor family dynamics, abusive experiences and lack of communication in the family. Counseling and support are required to improve interaction, dialogue and other aspects of family dynamics.

“Negro and White Unite”

2017 ◽  
Author(s):  
Dean J. Kotlowski
Keyword(s):  
South Africa ◽  
Legal System ◽  
Due Process ◽  
Legal Order ◽  
Collective Violence ◽  
South Africans ◽  
Procedural Due Process ◽  
State's Rights ◽  
Procedural Rights ◽  
Due Process Rights

Nicholas Rush Smith’s chapter explores collective violence in postapartheid South Africa, where vigilante violence involving an attempt to necklace alleged criminals has been common. That the necklace--placing a gasoline filled tire around the neck of a victim and setting it alight--is frequently deployed is surprising, Smith asserts, because the struggle against apartheid was, in important ways, a struggle for a procedural rights-based legal system, something necklacing undermines. Moreover, necklacing was originally developed as a tool to sanction political threats under apartheid, whereas today it is primarily used as a technique to punish criminals. Why, Smith asks, is necklacing still practiced twenty years after the dawn of democracy given that it was first implemented as part of the struggle against apartheid? Smith’s chapter argues that citizens deploying the necklace challenge the postapartheid state’s-rights-based legal system, which South Africans often argue enables insecurity and immorality, to proliferate; rhetorically and ideologically, this in some ways parallels the criticisms that American lynchers often made of procedural, due process rights. Through its spectacular violence, the necklace dramatizes these critiques of the democratic legal order much like it dramatized critiques of the apartheid state.

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