scholarly journals Personalized Law and Fundamental Rights

2020 ◽  
Vol 1 (4) ◽  
pp. 56-73
Author(s):  
Tembot Z. Misostishkhov
Keyword(s):  
Decision Making ◽  
Big Data ◽  
Legal Education ◽  
Fundamental Rights ◽  
Legal Positivism ◽  
Decision Making Process ◽  
Minimal Risk ◽  
Legal Norms ◽  
The Public

In recent years, scholars have focused increased attention on the idea of personalized law. It suggests the creation and enforcement of individualized legal norms based on the algorithmic processing of data in the similar manner companies personalize their services using Big Data tools. The article aims to define the role and position of personalized law and to evaluate the risks and consequences of personalization in the context of the emerging digital economy. The research analyses the theoretical grounds of personalized law and justifies its interpretation from the perspective of Hart’s legal positivism striking a balance between the sociological facticity of law and normativism. The study reveals the content, essential features of personalized law and defines its concept. The author analyses the correlation of personalized law with fundamental rights, thus evaluating the risks and consequences of personalization. Particularly, the errors of the approximation of a person’s actual will could occur as part of algorithmic decision-making thereby resulting in discrimination. It appears reasonable that at the beginning, algorithmic personalization should cover only those domains which have the minimal risk of the violation of fundamental norms and of intrusion into the field of social debates. The study underscores, that the transparency of the public sector and of the data-based algorithmic decision-making process is crucial in the context of personalized law, but nevertheless could debase its idea due to opportunistic practices. The issues identified during the research lead one to suggest that professionals who have both legal education and expertise in computer sciences would be in demand in the future. Such professionals could perform the role of independent experts and neutral authority monitoring compliance with data subject’s rights.

scholarly journals Wind Power Deployment: The Role of Public Participation in the Decision-Making Process in Ontario, Canada

2021 ◽  
Author(s):  
Anahita A. Jami ◽  
Philip R. Walsh
Keyword(s):  
Decision Making ◽  
Renewable Energy ◽  
Public Participation ◽  
Wind Power ◽  
Knowledge Broker ◽  
Decision Making Process ◽  
Energy Investment ◽  
The Public ◽  
Public Opposition

A wider use of renewable energy is emerging as a viable solution to meet the increasing demand for global energy while contributing to the reduction of greenhouse gas emissions. However, current literature on renewable energy, particularly on wind power, highlights the social barriers and public opposition to renewable energy investment. One solution to overcome the public opposition, which is recommended by scholars, is to deploy a collaborative approach. Relatively little research has specifically focused on the role of effective communication and the use of a knowledge-broker in collaborative decision-making. This study attempts to fill this gap through the proposition of a participatory framework that highlights the role of the knowledge-broker in a wind project decision-making process. In this paper, five illustrative wind projects in Ontario are used to highlight the current situation with public participation and to address how the proposed framework could have improved the process. Based on the recommended collaborative framework, perception must shift from the dominant view of the public as “a risk to be managed” towards “a resource that can be tapped”. The developers need to improve sharing what they know and foster co-learning around questions and concerns.

Big Data Myth

2019 ◽  
pp. 223-237
Author(s):  
Agata Mardosz-Grabowska
Keyword(s):  
Decision Making ◽  
Big Data ◽  
Data Analysis ◽  
Qualitative Data ◽  
New Technologies ◽  
Marketing Management ◽  
Individual Experience ◽  
Decision Making Process

Organizations are expected to act rationally; however, mythical thinking is often present among their members. It refers also to myths related to technology. New inventions and technologies are often mythologized in organizations. People do not understand how new technologies work and usually overestimate their possibilities. Also, myths are useful in dealing with ambivalent feelings, such as fears and hopes. The text focuses on the so-called “big data myth” and its impact on the decision-making process in modern marketing management. Mythical thinking related to big data in organizations has been observed both by scholars and practitioners. The aim of the chapter is to discuss the foundation of the myth, its components, and its impact on the decision-making process. Among others, a presence of a “big data myth” may be manifested by over-reliance on data, neglecting biases in the process of data analysis, and undermining the role of other factors, including intuition and individual experience of marketing professionals or qualitative data.

scholarly journals What constitutes evidence of poor prison conditions after Aranyosi and Căldăraru? Examining the role of inspection and monitoring bodies in European Arrest Warrant decision-making

2019 ◽  
Vol 10 (3) ◽  
pp. 209-226
Author(s):  
Mary Rogan
Keyword(s):  
Decision Making ◽  
Fundamental Rights ◽  
Decision Making Process ◽  
Critical Question ◽  
High Stakes ◽  
Arrest Warrant ◽  
European Arrest Warrant

The case of Aranyosi and Căldăraru confirms that where prison conditions are so poor as to breach fundamental rights, the non-execution of an European Arrest Warrant is justified. Given the high stakes nature of such a decision, this article examines a critical question: What will be the possible sources of evidence which can and should be used in such an assessment? The article posits that prison inspection and monitoring bodies, which have the task of visiting prisons and reporting on them, with a view to the prevention of ill treatment, will take on an important role in this decision-making process. The article examines what this role might entail and the implications of the decision for prison inspection and monitoring bodies.

scholarly journals Nevyriausybinių organizacijų ir savivaldybių sąveika Lietuvoje: teoriniai sprendimų priėmimo ir įgyvendinimo proceso aspektai

2015 ◽  
Vol 14 (2) ◽  
pp. 221
Author(s):  
Aušra Šilinskytė
Keyword(s):  
Decision Making ◽  
Interest Groups ◽  
Local Governance ◽  
Implementation Process ◽  
Decision Making Process ◽  
The Public ◽  
Implementation Processes ◽  
Governmental Organizations ◽  
Non Governmental Organizations

The paper is focused on the discussion about the role of non-governmental organizations during the decision-making process in local governance and what factors influence it. To achieve this, the following steps have been made: first, the concept of non-governmental organizations and their relationship with civil society was analyzed, then possible variations of relationship between non-governmental organizations and their impact to the public sector was described. In the last part of the paper, the stages of the decision–making and implementation process in the municipality were analyzed and theoretical aspects of enabling NGOs were discussed. The analyses showed that the decision-making and implementation processes depend on the understanding of the need to cooperate, the ability of both subjects to work together, their relationship with citizens and other interest groups.

scholarly journals Investigating the role of public participation in wind energy project development in Ontario

2021 ◽  
Author(s):  
Anahita Asadolahniajami
Keyword(s):  
Decision Making ◽  
Renewable Energy ◽  
Public Participation ◽  
Wind Power ◽  
Public Engagement ◽  
Knowledge Broker ◽  
Decision Making Process ◽  
Project Development ◽  
The Public

the past several decades, the scope of decision-making in the public domain has changed from a focus on unilateral regulatory verdicts to a more comprehensive process that engages all stakeholders. Consequently, there has been a distinct increase in public participation in the environmental decision-making process. While the potential benefits of public engagement are substantial in terms of identifying synergies between public and industry stakeholders that encourage project development, this participation does not come without its challenges. To meet global energy demands and fulfill ambitious targets for greenhouse gas reduction, renewable energy has received increased attention as a feasible alternative to conventional sources of energy. However, current literature on renewable energy, particularly on wind power, highlights potential social barriers to renewable energy investment. This study investigates the role of public participation by reviewing two case studies of the Ontario wind power generation market to identify the facilitators and constrainers that affected public input into wind project development in Ontario and recommends a participatory framework in the hope of improving public engagement in the wind project development decision-making process. The recommended framework in this research requires all stakeholders to reconsider their current roles in the decision-making process. The public should engage in project planning and monitor the decision-making processes to ensure that their concerns have been addressed. Developers should address public concerns through a consensus building process initiated early in their planning process. Federal and provincial governments have to reclaim their role of ongoing leadership and provide better criteria for implementation and evaluation of the public participation processes. Finally, the process requires a third party who is not only an intermediary, but also plays the role of a knowledge-broker to connect with stakeholders, share and exchange knowledge, and work on overcoming barriers. The knowledge-broker helps to fulfill the main requirement of the collaborative decision-making, which is effective communication.

scholarly journals Investigating the role of public participation in wind energy project development in Ontario

2021 ◽  
Author(s):  
Anahita Asadolahniajami
Keyword(s):  
Decision Making ◽  
Renewable Energy ◽  
Public Participation ◽  
Wind Power ◽  
Public Engagement ◽  
Knowledge Broker ◽  
Decision Making Process ◽  
Project Development ◽  
The Public

the past several decades, the scope of decision-making in the public domain has changed from a focus on unilateral regulatory verdicts to a more comprehensive process that engages all stakeholders. Consequently, there has been a distinct increase in public participation in the environmental decision-making process. While the potential benefits of public engagement are substantial in terms of identifying synergies between public and industry stakeholders that encourage project development, this participation does not come without its challenges. To meet global energy demands and fulfill ambitious targets for greenhouse gas reduction, renewable energy has received increased attention as a feasible alternative to conventional sources of energy. However, current literature on renewable energy, particularly on wind power, highlights potential social barriers to renewable energy investment. This study investigates the role of public participation by reviewing two case studies of the Ontario wind power generation market to identify the facilitators and constrainers that affected public input into wind project development in Ontario and recommends a participatory framework in the hope of improving public engagement in the wind project development decision-making process. The recommended framework in this research requires all stakeholders to reconsider their current roles in the decision-making process. The public should engage in project planning and monitor the decision-making processes to ensure that their concerns have been addressed. Developers should address public concerns through a consensus building process initiated early in their planning process. Federal and provincial governments have to reclaim their role of ongoing leadership and provide better criteria for implementation and evaluation of the public participation processes. Finally, the process requires a third party who is not only an intermediary, but also plays the role of a knowledge-broker to connect with stakeholders, share and exchange knowledge, and work on overcoming barriers. The knowledge-broker helps to fulfill the main requirement of the collaborative decision-making, which is effective communication.

scholarly journals O substancialismo jurídico na administração pública concretista de direitos fundamentais: a juridicidade administrativa como instrumento de justiça constitucional | Legal “substantialism” in public administration concretist of fundamental rights: The administrative legality as a constitutional instrument of Justice

KPGT_dlutz_1 ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 304
Author(s):  
Sandro Lúcio Dezan ◽  
Ricarlos Almagro Vitoriano Cunha
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Constitutional Law ◽  
Administrative Law ◽  
Fundamental Rights ◽  
The Public ◽  
Democratic State ◽  
Constitutional Justice ◽  
Initial Line

Resumo: o presente texto tem por finalidade definir o papel da Administração Pública na interpretação e na aplicação do texto constitucional, no que respeita à concreção de direitos fundamentais em países de modernidade tardia, sob o amparo da tensão existente entre o que se denominou de procedimentalismo e de substancialismo jurídico. Busca-se, em linhas iniciais abordar os contornos da tendência de legitimação da função jurídica administrativa de caráter constitucional contramajoritário, a aferir uma nova e importante tarefa ao Estado-executivo, para além de sua comum concepção de “fiel executor da lei”, de modo a concluir que a justiça constitucional envolve a jurisdição (por meio do Poder Judiciário) e a juridicidade (por meio da Administração Pública). Sob essa última perspectiva, busca-se assinalar que a aplicação e concreção do direito também é tarefa da Administração Pública, no âmbito de sua função atípica decisional, ditada pelo próprio texto constitucional, legitimador e impositivo das ações valorativas substanciais no âmbito do Estado Democrático de Direito. Palavras-chave: Direito Constitucional. Direito Administrativo. Democracia. Princípio da juridicidade administrativa. Procedimentalismo. Substancialismo. Abstract: The purpose of this text is to define the role of the Public Administration in the interpretation and application of the constitutional text with regard to the realization of fundamental rights in countries of late modernity, under the protection of the tension between what was called “proceduralism” and “legal substantiality”. In an initial line, it seeks to address the contours of the tendency to legitimize the administrative-legal function of a countermajoritarian constitutional character, to assess a new and important task for the Executive State, in addition to its common conception of "faithful executor of the law". In order to conclude that constitutional justice involves jurisdiction (through the Judiciary) and “juridicialism” (through Public Administration). Under this latter perspective, this paper points out that the application and the scope of its atypical decision-making function, dictated by the constitutional text itself, legitimating and imposing substantial value actions within the Democratic State of Law. Keywords: Administrative Law. Constitutional Law. Democracy. Principle of administrative juridicialism. Proceduralism. Substantialism.

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