scholarly journals Opening the State House Doors

2019 ◽  
Vol 1 (2) ◽  
pp. 17-44
Author(s):  
Ryan Mulvey ◽  
James Valvo

Freedom of Information (“FOI”) laws apply principally to the executive branch of government and the administrative state. Yet many state FOI statutes also provide access to legislative records, whether they have been created or obtained by individual legislators, committees, or legislative-branch agencies. A comprehensive survey of state FOI laws reveals trends in how such legislative records are treated. A minority of states, for example, categorically excludes legislative records from the scope of disclosure.  The remaining states provide at least some basic level of access, either in explicit terms or implied though judicial or executive-branch interpretation.  In the latter case, the interpretation of an FOI statute often involves consideration of broader context and the interplay of various provisions, including exemptions applicable only to legislative records.  Regardless, the data suggest a clear trend of interpreting state FOI laws to resolve any ambiguity in favor of public access.

Author(s):  
Anastasia Repetska

The article discusses the priorities and directions of cooperation between the legislative and executive branches of the state power in Ukraine on European integration. The author analyzes the activity of all legislative and executive authorities in ensuring the European integration of Ukraine. It is proved that since 2004 in the country there has been a systematic and comprehensive work of these bodies in the Euro integration direction, which gives grounds to hope for a successful and quick solution by the entities responsible for ensuring the tasks necessary for Ukraine to become a member of the European community. Keywords: legislative branch of government, executive branch of government, European integration, European integration processes.


2020 ◽  
Vol 38 (2) ◽  
pp. 134-155
Author(s):  
Aikaterini Tsampi

The case-law on Article 18 of the European Convention on Human Rights has been evolving recently in a dramatic fashion. This evolution, which shaped a new doctrine on the misuse of power, focuses on the criminalisation of dissent within a State where undemocratic tendencies arise. The purpose of this article is to highlight these undemocratic tendencies and demonstrate that Article 18 ECHR addresses the systemic deficiencies in the balance of powers within a State. A violation of Article 18 ECHR occurs when the executive branch of government male fide tries to erode the social, political and economic contre-pouvoirs within a State and when the institutional contre-pouvoirs, namely the judicial and the legislative branch of government, fail to avert this erosion.


2019 ◽  
Vol 116 (43) ◽  
pp. 21456-21462
Author(s):  
Tim Johnson ◽  
Dalton Conley

Since at least T. H. Marshall, scholars have recognized military service as a form of sacrifice that warrants compensation from the state. War-widow pensions, expansion of the franchise, and subsidized higher education are all examples of rights and benefits “bestowed” in return for wartime mobilization. Similarly, in the United States, governments have hired veterans preferentially for civilian public jobs as recompense for active military service. Although oft overlooked, those policies seem influential: the percentage of job holders identifying as veterans in the civilian US executive branch exceeds the proportion in the wider population by several multiples. This century-old pattern suggests another way that wartime mobilization has influenced the state. Yet, efforts to understand it have struggled to rule out the possibility that those who serve in the armed forces are predisposed to work for the state in both military and civilian capacities. Here, we rule out this possibility by examining whether birthdates randomly called for induction in the Vietnam-Era Selective Service Lotteries (VSSL) appear disproportionately in the population of nonsensitive personnel records of the civilian US executive branch. We find that birthdates called for induction appear with unusually high frequency among employees who were draft eligible and at risk for induction but not among other employees. This finding suggests a treatment effect from military service, thus dovetailing with the hypothesis that wartime mobilization has substantially and continually influenced who works in the contemporary administrative state.


Author(s):  
Kevin M. Baron

Executive privilege (EP) as a political tool has created a grey area of constitutional power between the legislative and executive branches. By focusing on the post-WWII political usage of executive privilege, this research utilizes a social learning perspective to examine the power dynamics between Congress and the president when it comes to government secrecy and public information. Social learning provides the framework to understand how the Cold War's creation of the modern American security state led to a paradigm shift in the executive branch. This shift altered the politics of the presidency and impacted relations with Congress through extensive use of EP and denial of congressional requests for information. When viewed through a social learning lens, the institutional politics surrounding the development of the Freedom of Information Act is intricately entwined with EP as a political power struggle of action-reaction between the executive and legislative branches. Using extensive archival research, this historical analysis examines the politics surrounding the modern use of executive privilege from Truman through Nixon as an action-reaction of checks on power from the president and Congress, where each learns and responds based on the others previous actions. The use of executive privilege led to the Freedom of Information Act showing how policy can serve as a congressional check on executive power, and how the politics surrounding this issue influence contemporary politics.


1988 ◽  
Vol 5 (2) ◽  
pp. 285-287
Author(s):  
Akbar S. Ahmed

One of the great paradoxes of the modern world is that India, the land that produced such major world religions as Buddhism Jainism is now torn apart by caste and communal violence. Pakistan and Sri Lanka, like India, face severe ethnic problems. Law and order are to be emphasized. Caste and community must be protected by the executive branch of the Indian Government. This bas been laid down in the rules framed by the legislative branch. When this is not done there is a breakdown. No one is safe and no group is secure. In India today this is clearly the case. This book by M. J. Akbar is a collection of 15 journalistic pieces, written for Akbar's newspaper and magazine, The Telegraph and Sunday over the last decade. Because it is journalism, the important "burning" issues are covered such as the Moradabad massacre in 1980, the slaughter of the Uttar Pradesh Harijans in 1981 and the ongoing Babri Masjid controversey. It is journalism, but the writing is of high quality and evocative: "It is early morning and a mist lies on the river, making the pre-dawn haze more blurred. A part of the Howrah Bridge looms through the gauze, like a picture deliberately created by a photographer in search of art. The fires are out." (p. 170) Akbar's material is hard, brittle, compelling stuff. He writes with the passion of the committed and his commitments are to secularism, to humanity, to the truth, as he sees it, on the ground. Here, a brief account of Dr. Akbar's cultural background seems appropriate: He was born in 1951 and has become the English-speaking voice of post-Midnight's Children of India. The significance of post 1947 independence as a dividing line is generally not fully appreciated. Missing is the literary, sentimental romanticism of the earlier Indian generation of writers. Don Moraes and Ved Mehta already appear as dated figures of the past. Their India is another country. In Akbar's background there is no punting on English rivers, laboring at Oxford intonations, getting drunk after the Oxford-Cambridge boat race nor leisurely reading of the English romantic poets on the banks of the Cam. Akbar lives in the urban nightmare of Calcutta and in his nostrils is the smell of burning flesh and rotting corpses. Missing, though he is aware of the loss, is the romantic vision of Nehru and the religious idealism of Gandhi. Akbar is an Indian writing with a white-hot pen for Indians of today's India ...


Sensors ◽  
2021 ◽  
Vol 21 (15) ◽  
pp. 5248
Author(s):  
Aleksandra Pawlicka ◽  
Marek Pawlicki ◽  
Rafał Kozik ◽  
Ryszard S. Choraś

This paper discusses the valuable role recommender systems may play in cybersecurity. First, a comprehensive presentation of recommender system types is presented, as well as their advantages and disadvantages, possible applications and security concerns. Then, the paper collects and presents the state of the art concerning the use of recommender systems in cybersecurity; both the existing solutions and future ideas are presented. The contribution of this paper is two-fold: to date, to the best of our knowledge, there has been no work collecting the applications of recommenders for cybersecurity. Moreover, this paper attempts to complete a comprehensive survey of recommender types, after noticing that other works usually mention two–three types at once and neglect the others.


2012 ◽  
Vol 25 (3) ◽  
pp. 371-392 ◽  
Author(s):  
Leyla Demir ◽  
Semra Tunali ◽  
Deniz Tursel Eliiyi

Author(s):  
Vladislav Topilin ◽  
Roman Fedorov

The article is devoted to the problems of the legal status of the prosecutor’s office in the system of separation of powers. In the study, the author uses grammatical (philological, linguistic) logical, systematic and other methods of scientific knowledge. The author proposes to separate the prosecutor’s office into a separate (supervisory) branch of government, which will not belong to either the executive branch or the judicial branch, as a result of which the state will receive an independent state structure that will be able to exercise its supervisory functions independently of anyone, which will allow for better and faster suppression of possible violations by any branch of government, as well as improve the work of the state apparatus as a whole.


2018 ◽  
Vol 8 (3) ◽  
pp. 15-18
Author(s):  
P. Krishnamoorthy ◽  
C. Muthusamy

This paper aims to gift the results of a survey conducted to see the effective use of online Public Access Catalogs (OPAC) at the library of Jeppiaar Maamallan Engineering College in Chennai. The paper examines the result from a questionnaire based survey conducted at the library. 50 samples of the form were distributed in a random way between the employees of Jeppiaar Maamallan Engineering College in Chennai out of which 48 completed and valid questionnaires (96.00 %) were received for analysis. The information received from the respondents through these questionnaires was analyzed. Thus, the study clearly highlighted the requirement for associate degree education programme module for users to market the effective use of OPAC. An effort is formed through this study to gift the difficulties Janus-faced by users at engineering college libraries, in looking for data victimization OPAC. This paper provides helpful empirical proof for librarians and therefore the analysis community on the usage of OPAC in libraries of engineering colleges. The results of this study are going to be helpful for librarians at Jeppiaar Maamallan Engineering College in Chennai and additionally to different librarians around the state and country. This paper provides original information from library finish users in engineering college, relating to their expertise whiles victimization OPAC.


2017 ◽  
Vol 22 (1) ◽  
pp. 51-62
Author(s):  
Russell Ashmore ◽  
Neil Carver

Purpose The purpose of this paper is to determine what written information is given to informally admitted patients in England and Wales regarding their legal rights in relation to freedom of movement and treatment. Design/methodology/approach Information leaflets were obtained by a search of all National Health Service mental health trust websites in England and health boards in Wales and via a Freedom of Information Act 2000 request. Data were analysed using content analysis. Findings Of the 61 organisations providing inpatient care, 27 provided written information in the form of a leaflet. Six provided public access to the information leaflets via their website prior to admission. Although the majority of leaflets were accurate the breadth and depth of the information varied considerably. Despite a common legal background there was confusion and inconsistency in the use of the terms informal and voluntary as well as inconsistency regarding freedom of movement, the right to refuse treatment and discharge against medical advice. Research limitations/implications The research has demonstrated the value of Freedom of Information Act 2000 requests in obtaining data. Further research should explore the effectiveness of informing patients of their rights from their perspective. Practical implications Work should be undertaken to establish a consensus of good practice in this area. Information should be consistent, accurate and understandable. Originality/value This is the only research reporting on the availability and content of written information given to informal patients about their legal rights.


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