scholarly journals Public gender-legal expertise as a form of public control: theoretical and legal aspect

Author(s):  
Liudmyla Sirko

The article examines public gender-legal expertise as a form of citizen participation in the manage-ment of public affairs, which in the conditions of modern state and political transformations is one of the effective forms of public control. It is emphasized that the active application of public gender-legal expertise of draft regulatory legal acts and current legislation will identify and prevent the existence of legal norms that are discriminatory or may lead to the restriction or advantage of one sex over another in the future. The current legislation has been analyzed and it is proposed to supplement the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men” and the Resolution of the Cabinet of Ministers of Ukraine “Issues of Gender-Legal Expertise” dated 28.11.2018 № 997 in terms of regulating public gender-legal expertise.

2021 ◽  
pp. 157-168
Author(s):  
GORAN IVANČEVIĆ

Local self government, as a phenomenon, was established before the emergence of a modern state. Its role and significance has remained unsurpassed in nowadays world generally, and especially in modern states. The position that self-government has today is derived from the functions that this institution has in a modern state system. Namely, local self-government represents the basis of the state system in a narrower functional sense because it performs tasks that are important for the local community. However, it has a broader political and organizational significance, because, without that level of state organization, it would be almost impossible to reach numerous democratic achievements such as: citizen participation in public affairs, sharing power, decentralization (i.e. devolution of power), the exercise of certain rights and freedom, activities of civil society, etc. The importance of local self-government in Serbia is reflected in its historical role, inherited from tradition, which has outgrown and taken on a certain state-building, institutional and national character. It should also be emphasized that Serbian historiography, as well as other social sciences, to which this topic is related, has not paid enough attention to local self-government as a phenomenon in the context of its significance for the modern Serbian state and society as a whole. Therefore, it would be extremely important to look at this topic in a multidisciplinary manner and to offer scientific answers and facts about the historical, legal, political, and sociological role of local self-government. This work will try to synthesize its historical, political, institutional and national significance, by analyzing the emergence of self-government, that is, its development, which makes it one of the pillars of the Serbian state.


2021 ◽  
Vol 96 ◽  
pp. 01007
Author(s):  
Feng Guo ◽  
Haocheng Sun ◽  
Yuye Chen ◽  
Jiangning Fang

Due to the lack of the urban household registration or property owner, many residents of urban residential areas in China have been in the state of lack of rights. The policy of "Equal rights for home tenants and owners" cannot play a practical role due to the lack of legal norms. "Home ownership" and "Right of residents" contain different contents. That is, "equal access to basic public services and social welfare of the place of residence, as well as the right to participate in decision-making, management and supervision of public affairs in residential communities and residential areas due to the fact of stable residence." The rights of the occupants is different from housing right and habitation right. The right of the occupants has not only legal basis, but also practical basis.


2019 ◽  
Vol 49 (1) ◽  
Author(s):  
Jephias Mapuva ◽  
George P Miti

Devolution, which was incorporated into the Constitution of Zimbabwe through section 264, is a new phenomenon in Zimbabwe. This incorporation came about because of the need for participatory governance and the devolution of power away from the centre. Over the years, local governance has been informed by a plethora of pieces of legislation that do not provide an enabling environment for citizen participation, giving Zimbabwe’s local government a chequered history that excludes citizens from participating in public affairs that affect their lives. An analysis of section 264 of the Constitution revealed that devolution has the propensity to enhance transparency, efficiency and effectiveness as well as the fulfilment of central government’s responsibilities at provincial and local levels. This article argues that the belated implementation of the devolution of power has delayed improved service delivery, effectiveness, efficiency and accountability within local governance. This article further seeks to explain how the implementation of section 264 of the Constitution can bring about good local governance.


2000 ◽  
Vol 50 (2) ◽  
pp. 440-454 ◽  
Author(s):  
John T. Ramsey

This paper will examine the circumstances that inspired the famous utterance attributed to the haruspex Spurinna, ‘Beware the Ides of March!'1 Recently the argument has been made that this warning to Caesar was based upon an astrological calculation, rather than on the usual arts of an haruspex who read signs of the future by inspecting the entrails of sacrificial animals (exta) or by interpreting bolts of lightning (fulgura) and portents (ostenta). As intriguing as this astrological theory is, I am convinced that it is fatally flawed, and I intend to show why it must ultimately be rejected. The question is not merely an academic one, having to do with the methods employed by a particular seer on a given occasion. Rather, if it can be established as even probable that Spurinna based his prophecy upon an astrological calculation, which helped convince the conspirators that Caesar was vulnerable to attack on the Ides as being an unlucky day for him according to the stars, then we are presented with a very significant and hitherto unsuspected instance of astrology influencing the course of public affairs at Rome several decades before astrology came into its own under the early emperors. According to such a reconstruction, astrology played a key role in determining the date of one of the most fateful murders in Roman history. It is the contention of this paper, on the contrary, that there is no reason whatsoever to attribute Spurinna's prophecy to an astrological calculation.


2000 ◽  
Vol 92 (1) ◽  
pp. 44-45
Author(s):  
Charles G. Jordan
Keyword(s):  

1993 ◽  
Vol 3 (13) ◽  
pp. 103-107
Author(s):  
John Nurser

Although I have no legal expertise, I hope I may be able to pose some useful questions. In 1989, I and others founded a group called ‘Christianity and the Future of Europe’ in order to encourage Christians in Britain to reflect on the European Community. What difference will it make to the life of the British churches? What might the special historical experience of the British churches contribute to ‘the construction of Europe’?


Author(s):  
Vladimir V. Kozhevnikov ◽  

This research article, as the title suggests, is devoted to the general theoretical problem of the relationship between local legal norms and corporate norms. In the conditional first part of the study, local law norms are analysed, including from a historical perspective. Noting that the problem of local regulation has been the focus of attention of Soviet scientists (N.G. Ale-xandrov, R.I. Kondratyev, S.S. Karinsky, F.M. Leviant, L.I. Antonova), it is emphasized that local acts were originally understood as the result of rulemaking organizations, enterprises, institutions in the field of labour relations. An analysis of modern legal educational literature shows that scientists, when classifying the norms of law, either do not mention the existence of local norms of law at all, or show insufficient attention to their analysis, limiting them-selves to a few phrases. In doing so, authors often unreasonably fail to distinguish between local and departmental legal regulation or local and local legal regulation. Analyzing the types and essential features of local legal acts: their volitional content, intra-organizational character, bylaw nature, dynamism and stability, multiple application, duration of existence, compulsory for the addressees of norms, maintaining by the coercive power of the state, the author rightly states that all local acts arise by direct instruction of law, indicating that on a given issue This assertion is supported by examples of labour law and education law. By focusing on local labour law norms, the necessity of their adoption is justi-fied, and mandatory local law norms are analysed. It is thought that one of the current problems concerning local rules of law is their rela-tionship to corporate rules. It is the fact that many authors unreasonably refer to the norms of individual state organisations, i.e. local norms of law, as corporate norms. The author takes the position that corporate norms are rules of conduct established and provided by non-state organizations (political parties, public organizations, non-state institutions and enterprises, etc.) and apply to their members; they are contained in the statutes, regulations and other regulations of non-state organizations and determine the formation of these organizations, their structure, competence, rights, duties and responsibilities of their members. Moreover, the paper defends the view that corporate norms include, first, non-social cor-porate norms: technical norms; sanitary and hygienic norms; physiological norms; biological norms; second, social corporate norms: corporate customs, traditions, aesthetic, business customs, legal norms. In conclusion, it is argued that, although both local legal norms and corporate norms are intra-organisational in nature, they should be distinguished. Moreover, corporate norms, which have both technical and social aspects, should also be seen as having a legal aspect, implying the presence of corporate law norms.


Author(s):  
James K. Conant ◽  
Peter J. Balint

In this chapter, we consider possible futures for the Council on Environmental Quality (CEQ) and the Environmental Protection Agency (EPA) under several scenarios. Before beginning, we offer some caveats and disclaimers. “Prediction is very difficult, especially about the future.” This quotation—often credited to physicist Niels Bohr—captures the dilemma of prediction by stating it as a truism. Statistician Nate Silver, who won fame for accurately forecasting the 2008 and 2012 U.S. presidential elections, argues that in general the record of prognostication in public affairs, the field encompassing the ideas in this book, is particularly poor. For example, in the late 1980s few specialists predicted the collapse of the Soviet Union, an event of enormous scale and importance that appears in hindsight to have been imminent and inevitable. More recently on the domestic front political experts generally failed to foresee the rise of the Tea Party, which has roiled the last three American electoral cycles and generated a significant rightward pull on the Republican Party and on U.S. politics more broadly. Psychologist Phillip Tetlock, who examined the record of expert predictions in the arena of public affairs, reports poor results. In his research he found that “expertise . . . had no across-the-board effect on forecasting accuracy.” He observed that egregious prediction errors are surprisingly common, even among experts whose prediction skills are otherwise rated as better than average. About 10 percent of the time events actually occurred that these higher-performing experts had estimated to be impossible, while about 20 percent of the time events failed to occur that these experts had estimated to be sure things. The results were 10 percentage points worse in both directions for the poorer-performing experts in Tetlock’s studies. Given these findings, the predictive limitations of the agency life cycle models we consider in this book are not surprising.


Author(s):  
S. M. Mutula

Governments in East and Southern Africa, like their counterparts in developing and developed world, are under increasing pressure from donor agencies and non-governmental organizations to improve service delivery to citizens and at the same time be able to demonstrate accountability and transparency in the management of public resources (International Records Management Trust, 2004). Most countries in East and Southern Africa, largely began to appreciate the importance of sound public record management practices during the 1980s and 1990s. This period experienced increased donor pressure especially from the World Bank and the International Monetary Fund (IMF) through their structural adjustment programmes (SAPS) that was exerted on the recipients of global donor funding in an attempt to remedy the economic hardships that characterise most developing countries including those in Africa. Structural Adjustment Programmes were meant to provide the best opportunity to implement public sector reforms in order to promote better use of public resources and enhance accountability by governments to their citizens (Wamukoya, 2000). To meet the accountability and transparency demands of the global donor agencies and also the need to meet the increasing demands by citizens for efficient delivery of services, governments worldwide are now taking advantage of the revolution that is taking place in information and communications technologies especially the Internet, the personal computer, the mobile phone, and other modern communication devices. The concept of e-government in its simplest form is now the catchword that is increasingly being used to imply the delivery of government services online. Heeks (2002) defines e-government as the use of information and communication technologies (ICTs) to improve the activities of public sector organisations. E-government is claimed as an efficient means to streamline public sector functions and increase citizen participation in the running of public affairs (Wamukoya, 2000). Governments in East and Southern Africa like their counterpart in a developed world, are increasingly turning to e-government to streamline public sector functions and increase citizen participation in the running of public affairs (Wamukoya, 2000). However, in an attempt to implement e-government projects, countries in East and Southern Africa face numerous challenges such as lack of requisite skills and competencies in e-records management; lack of enabling policy and legislative framework; lack of standards and formal methodologies for managing e-record; and inadequate infrastructure.


2020 ◽  
Vol 10 (1) ◽  
pp. 5-15
Author(s):  
Bo Yang ◽  
Daniel Zhang Qu

PurposeThe rapid urbanization of China brings in large number of migrant workers coming from rural areas. With the perspective of social integration, this study reviews the findings about economic livelihood, social integration and health related to migrant workers since China initiated economic reform. We show that (1) though the economic wellbeing of migrant workers has been improved significantly after they moved to cities, their economic standing is still lower than local residents; (2) though there is progress of social integration between migrant workers and local residents, conflicts and challenges due to the competitions in employment and the sharing of community resource are still commonly found; (3) the disadvantaged status of health is very common among migrant workers and (4) women and the new generation in migration have more disadvantages in the social transition. We suggest that issues of equal rights between migrant workers and local residents should be discussed in the future as more migrant workers intend to stay in cities for long-term.Design/methodology/approachThe methodology is literature reviews based on the current studies about migrant, migration and policy. The first category of literature is the research field on China's migration and urbanization to describe the whole context of migrant workers. The second is research field on detailed issues about migrant workers and the last field is policy issues about the welfare and needs among migrant workers.FindingsWe find that (1) though the economic wellbeing of migrant workers has been improved significantly after they moved to cities, their economic standing is still lower than local residents; (2) though there are progress of social integration between migrant workers and local residents, conflicts and challenges due to the competitions in employment and the sharing of community resource are still commonly found; (3) the disadvantaged status of health is very common among migrant workers and (4) women and the new generation in migration face more disadvantages in the social transition.Research limitations/implicationsThere are some limitations in the current research: (1) the review focuses on the majority of migrant workers to reveal the general picture about the living, developing and rights among migrant workers, but is still lacking in dealing with some special and disadvantaged groups. (2) More international issues related to migrant workers should be discussed in the future considering that China's labor market is becoming more and more global.Social implicationsFirst, the conclusion about the economic and social integration among migrant workers indicates that more equal welfare services, including resident services, commence services, medical services etc. should be included in the municipal managements considering that Chinese cities will be the combination of local residents and migrant residents. Second, the conclusion about the women and children indicates that the future public services targeted at the disadvantaged population should focus on migrant members due to the second generation of migrant workers will be one of the mainstream population in future China's cities.Originality/valueThis study gives general views on migrant workers in current China. The findings in this review conclude the main development and improvements among tens of millions of migrant workers in Chinese cities. Meanwhile, we also conclude that there are still many disadvantaged and marginalized sub-groups in migration who are suffering from less welfares and rights in urban lives. More detailed and equal rights and public services should be considered and implemented in the fast urbanization taking place.


Sign in / Sign up

Export Citation Format

Share Document