The Road Not Taken

2021 ◽  
Vol 36 (2) ◽  
pp. 107-123
Author(s):  
Maya Mark
Keyword(s):  
Judicial Review ◽  
Separation Of Powers ◽  
Regime Type ◽  
Democratic Regime ◽  
The Road ◽  
Judicial Supremacy ◽  
The Right ◽  
Formative Years

This article explores the position taken by the Herut party and its leader, Menachem Begin, on fundamental issues of democracy and regime type. It analyzes the democratic model that Begin and Herut sought to promote during Israel’s formative years: a presidential democracy with a clearly defined separation of powers preserved in a rigorous formal constitution that includes both judicial supremacy and a mechanism for judicial review. The article illuminates an important and unexplored chapter in Israeli historiography—the right wing’s position on the formation of Israel’s democratic regime—and addresses the ideological roots and foundations of the Likud movement in the spheres of government and law.

Judicial Review (Departmentalism) vs Supremacy: The Connection to a 17th Century Debate and a Dilemma for Today

ICL Journal ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Boleslaw Z. Kabala
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Legal Scholar ◽  
State Of Nature ◽  
Judicial Supremacy ◽  
The Supreme Court ◽  
Legislative Branch ◽  
The Difference ◽  
Do So

AbstractProponents of judicial supremacy argue that the interpretation of the Constitution by the Supreme Court is authoritative for the two other branches of government, while advocates of judicial review (or departmentalism) argue that authority to interpret the Constitution resides in each branch. Both sides offer historical examples in which their understanding prevailed. How to resolve this impasse? I argue that Hobbes and Spinoza can inform the debate. To do so, I first unpack the terms: what is the difference between judicial review or departmentalism and judicial supremacy? I then show that a renowned legal scholar, Larry Alexander, specifically invokes Hobbes in defense of judicial supremacy. For Alexander, the Supreme Court functions as a Hobbesian sovereign. Spinoza presents a clear alternative to the Hobbesian solution of avoiding a state of nature by concentrating power in a unitary sovereign, namely, via a strategy of diffusing power throughout society. But Spinoza’s solution is not yet a formal separation of powers. This conception of power can therefore clarify the assumptions made by advocates of both judicial review or departmentalism and judicial supremacy. I close by considering instances in American history when the application of departmentalist logic did not lead to a Hobbesian state of nature. And what are the lessons for today? I suggest that it is perhaps time to consider an analog to the Canadian/Israeli notwithstanding clause. But rather than adopting verbatim their legislative override, which effectively designates the legislative branch to be supreme, we could require two of the three independent and equal branches to decide contended constitutional questions. Such an American notwithstanding clause would respect the design of our federal government.

Federalism v. Individual Rights: The Legal Squeeze on Self-Incrimination

1960 ◽  
Vol 54 (4) ◽  
pp. 887-898
Author(s):  
Richard A. Watson
Keyword(s):  
State Government ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Federal State ◽  
Division Of Powers ◽  
The People ◽  
Form Of Government ◽  
Constitutional System ◽  
The Individual ◽  
The Right

This study deals with one reputed value of federalism, its service in the cause of freedom or liberty (both terms are used interchangeably here to mean an immunity from arbitrary governmental action). In particular, I shall examine one aspect of that sort of freedom in our federal system, namely, the right against self-incrimination. The general case for the peculiar virtue of our constitutional system as a means of assuring such a right was summarized by Madison:In the compound republic of America the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other at the same time that each will be controlled by itself.Passing over argument about the contribution of the separation of powers and judicial review, our attention will center on the complexities introduced by the federal division of powers. William Anderson posed the broad question some years ago: “Does federalism imply not only a division of powers between national and state government, but also a subtraction of powers from both in favor of the individual? Will there be less government in a federal than in a unitary state, or possibly even more?” And we might add—what his formulation leaves partly open—if more government, then necessarily less freedom? More explicitly, Franz Neumann has suggested recently that “whether the federal state does increase freedom cannot be abstractly determined. We have some evidence that the federal state as such (that is regardless of the form of government) has not fulfilled this role.”

Judicial Review (Departmentalism) vs Supremacy: The Connection to a 17th Century Debate and a Dilemma for Today

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 71-102
Author(s):  
Boleslaw Z Kabala
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Legal Scholar ◽  
State Of Nature ◽  
Judicial Supremacy ◽  
The Supreme Court ◽  
Legislative Branch ◽  
The Difference ◽  
Do So

AbstractProponents of judicial supremacy argue that the interpretation of the Constitution by the Supreme Court is authoritative for the two other branches of government, while advocates of judicial review (or departmentalism) argue that authority to interpret the Constitution resides in each branch. Both sides offer historical examples in which their understanding prevailed. How to resolve this impasse? I argue that Hobbes and Spinoza can inform the debate. To do so, I first unpack the terms: what is the difference between judicial review or departmentalism and judicial supremacy? I then show that a renowned legal scholar, Larry Alexander, specifically invokes Hobbes in defense of judicial supremacy. For Alexander, the Supreme Court functions as a Hobbesian sovereign. Spinoza presents a clear alternative to the Hobbesian solution of avoiding a state of nature by concentrating power in a unitary sovereign, namely, via a strategy of diffusing power throughout society. But Spinoza’s solution is not yet a formal separation of powers. This conception of power can therefore clarify the assumptions made by advocates of both judicial review or departmentalism and judicial supremacy. I close by considering instances in American history when the application of departmentalist logic did not lead to a Hobbesian state of nature. And what are the lessons for today? I suggest that it is perhaps time to consider an analog to the Canadian/Israeli notwithstanding clause. But rather than adopting verbatim their legislative override, which effectively designates the legislative branch to be supreme, we could require two of the three independent and equal branches to decide contended constitutional questions. Such an American notwithstanding clause would respect the design of our federal government.

Introductory Note

2018 ◽  
Author(s):  
Guido Raimondi
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Freedom Of Expression ◽  
European Convention ◽  
European Court ◽  
European Public ◽  
Introductory Note ◽  
Un Security Council ◽  
The Right ◽  
The Eu

This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.

Observations on the Provenance of the Thames Valley Pick, Swalecliffe, Kent

1926 ◽  
Vol 5 (2) ◽  
pp. 224-230 ◽  
Author(s):  
F. H. Worsfold
Keyword(s):  
Subject Matter ◽  
Sloping Ground ◽  
Relative Age ◽  
Treasure Trove ◽  
The Road ◽  
University College London ◽  
Exact Position ◽  
The Subject ◽  
London Clay ◽  
The Right

From the Marine Parade, Tankerton, Whitstable, looking East, one obtains a capital view of Tankerton Bay, Swalecliffe, in which my discoveries have been made which are to form the subject matter of this paper. The grassy cliff at Priest and Sow corner at the end of the road stands at 55 O.D. This height gradually declining round the arc of the bay, to die out entirely in the Long Rock occupying the middle distance and through which the Swalecliffe Brook discharges into the sea. Just beyond, a little to the right, are the disused Swalecliffe Brick Works, with Stud Hill and Hampton lying further back. To the left and edging the horizon, Herne Bay Pier is clearly discernable. The accompanying copy of (Plate I.) the 25-in. Ordnance map of this Tankerton Bay section gives the exact position of the 650 yards from the Parish Boundary Stone eastwards indicated thereon with a X in which are found the gravels and brick-earths which have proved so rich in archaeological treasure trove. The whole of this south-easterly directioned well-drained gently sloping ground, from the Priest and Sow corner to the Swalecliffe brook, forms an ideal camping site. Last April a paper was read by me before the Geological Association, at University College, London, entitled “An Examination of the Contents of the Brick Earths and Gravels of Tankerton Bay, Swalecliffe, Kent,” in which the geological aspect of this section was fairly exhaustively treated, so that in this particular it will be unnecessary for me to do more than give a brief summary of the results of that examination as to the relative age and stratigraphical sequence of the Drift material found here overlying the London Clay.

Determination of Resistance to Abrasive Wear. VIII. Influence of Softeners in Tests with the Akron-Croydon and Du Pont Machines

1949 ◽  
Vol 22 (1) ◽  
pp. 259-262
Author(s):  
J. F. Morley
Keyword(s):  
Unit Area ◽  
Published Data ◽  
The Road ◽  
Abrasive Surface ◽  
Abrasive Power ◽  
The Difference ◽  
On The Road ◽  
The Right ◽  
Abrasion Testing

Abstract These experiments indicate that softeners can influence abrasion resistance, as measured by laboratory machines, in some manner other than by altering the stress-strain properties of the rubber. One possible explanation is that the softener acts as a lubricant to the abrasive surface. Since this surface, in laboratory abrasion-testing machines, is relatively small, and comes repeatedly into contact with the rubber under test, it seems possible that it may become coated with a thin layer of softener that reduces its abrasive power. It would be interesting in this connection to try an abrasive machine in which a long continuous strip of abrasive material was used, no part of it being used more than once, so as to eliminate or minimize this lubricating effect. The fact that the effect of the softener is more pronounced on the du Pont than on the Akron-Croydon machine lends support to the lubrication hypothesis, because on the former machine the rate of wear per unit area of abrasive is much greater. Thus in the present tests the volume of rubber abraded per hr. per sq. cm. of abrasive surface ranges from 0.03 to 0.11 cc. on the du Pont machine and from 0.0035 to 0.0045 cc. on the Akron-Croydon machine. On the other hand, if the softener acts as a lubricant, it would be expected to reduce considerably the friction between the abrasive and the rubber and hence the energy used in dragging the rubber over the abrasive surface. The energy figures given in the right-hand columns of Tables 1 and 3, however, show that there is relatively little variation between the different rubbers. As a test of the lubrication hypothesis, it would be of interest to vary the conditions of test so that approximately the same amount of rubber per unit area of abrasive is abraded in a given time on both machines; this should show whether the phenomena observed under the present test conditions are due solely to the difference in rate of wear or to an inherent difference in the type of wear on the two machines. This could most conveniently be done by considerably reducing the load on the du Pont machine. In the original work on this machine the load was standardized at 8 pounds, but no figures are quoted to show how abrasion loss varies with the load. As an addition to the present investigation, it is proposed to examine the effect of this variation with special reference to rubbers containing various amounts and types of softener. Published data on the influence of softeners on the road wear of tire rubbers do not indicate anything like such large effects as are shown by the du Pont machine. This throws some doubt on the value of this machine for testing tire tread rubbers, a conclusion which is confirmed by information obtained from other workers.

Liberating Malawi's Administrative Justice Jurisprudence from Its Common Law Shackles

2011 ◽  
Vol 55 (1) ◽  
pp. 105-127 ◽  
Author(s):  
Danwood Mzikenge Chirwa
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
The Common ◽  
The Right ◽  
Administrative Justice

AbstractThe 1994 Malawian Constitution is unique in that it, among other things, recognizes administrative justice as a fundamental right and articulates the notion of constitutional supremacy. This right and the idea of constitutional supremacy have important implications for Malawi's administrative law, which was hitherto based on the common law inherited from Britain. This article highlights the difficulties that Malawian courts have faced in reconciling the right to administrative justice as protected under the new constitution with the common law. In doing so, it offers some insights into what the constitutionalization of administrative justice means for Malawian administrative law. It is argued that the constitution has altered the basis and grounds for judicial review so fundamentally that the Malawian legal system's marriage to the English common law can be regarded as having irretrievably broken down as far as administrative law is concerned.

An Introduction to Global Health Delivery

2021 ◽  
Author(s):  
Joia Mukherjee ◽  
Paul Farmer
Keyword(s):  
Health Care ◽  
Global Health ◽  
Access To Health Care ◽  
Right To Health ◽  
Treatment Access ◽  
The Road ◽  
Health Delivery ◽  
Positive Side ◽  
Access To Health ◽  
The Right

What has called so many young people to the field of global health is the passion to be a force for change, to work on the positive side of globalization, and to be part of a movement for human rights. This passion stems from the knowledge that the world is not OK. Impoverished people are suffering and dying from treatable diseases, while the wealthy live well into their 80s and 90s. These disparities exist between and within countries. COVID-19 has further demonstrated the need for global equity and our mutual interdependence. Yet the road to health equity is long. People living in countries and communities marred by slavery, colonialism, resource extraction, and neoliberal market policies have markedly less access to health care than the wealthy. Developing equitable health systems requires understanding the history and political economy of communities and countries and working to adequately resource health delivery. Equitable health care also requires strong advocacy for the right to health. In fact, the current era in global health was sparked by advocacy—the activist movement for AIDS treatment access, for the universality of the right to health and to a share of scientific advancement. The same advocacy is needed now as vaccines and treatments are developed for COVID-19. This book centers global health in principles of equity and social justice and positions global health as a field to fulfill the universal right to health.

scholarly journals Characterisation of cyclists’ willingness to pay for green initiatives at Africa’s largest cycle tour

2016 ◽  
Vol 19 (3) ◽  
pp. 432-439
Author(s):  
Melville Saayman ◽  
Waldo Krugell ◽  
Andrea Saayman
Keyword(s):  
Willingness To Pay ◽  
Carbon Footprint ◽  
Climate Change Mitigation ◽  
Demographic Variables ◽  
The Road ◽  
Road Cycling ◽  
Different Types ◽  
On The Road ◽  
The Right ◽  
Change Mitigation

The Cape Argus Pick n Pay Cycle Tour is a major event on the road cycling calendar. The majority of cyclists travel significant distances and participation produces a substantial carbon footprint. This paper examines participants’ willingness to pay to offset their carbon footprint. The purpose of this paper is to make a contribution to the literature by linking willingness to pay to attitudes towards or beliefs (green views) about the initiatives in place, to ensure a greener cycle tour. Factor analysis is used to identify different types of cyclists, based on their green views: those with green money, those who prefer green products and the “re-cyclers”. The results of the regression analysis reveal that socio-demographic variables and the right attitude towards the environment are significant predictors of stated willingness to pay for climate change mitigation.

scholarly journals Lane Change Behavior on Freeways: An Online Survey Using Video Clips

2018 ◽  
Vol 2018 ◽  
pp. 1-11 ◽  
Author(s):  
V. L. Knoop ◽  
M. Keyvan-Ekbatani ◽  
M. de Baat ◽  
H. Taale ◽  
S. P. Hoogendoorn
Keyword(s):  
Online Survey ◽  
Simulation Models ◽  
Lane Changes ◽  
The Road ◽  
Video Clips ◽  
Road Capacity ◽  
Change Behavior ◽  
Instrumented Vehicle ◽  
The Moment ◽  
The Right

Freeways form an important part of the road network. Yet, driving behavior on freeways, in particular lane changes and the relation with the choice of speed, is not well understood. To overcome this, an online survey has been carried out. Drivers were shown video clips, and after each clip they had to indicate what they would do after the moment the video stopped. A total of 1258 Dutch respondents completed the survey. The results show that most people have a strategy to choose a speed first and stick to that, which is the first strategy. A second, less often chosen, strategy is to choose a desired lane and adapt the speed based on the chosen lane. A third strategy, slightly less frequently chosen, is that drivers have a desired speed, but contrary to the first strategy, they increase this speed when they are in a different lane overtaking another driver. A small fraction have neither a desired speed nor a desired lane. Of the respondents 80% use the right lane if possible, and 80% avoid overtaking at the right. Also 80% give way to merging traffic. The survey was validated by 25 survey respondents also driving an instrumented vehicle. The strategies in this drive were similar to those in the survey. The findings of this work can be implemented in traffic simulation models, e.g., to determine road capacity and constraints in geometric design.

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