State accountability and the vulnerable individual

2021 ◽  
pp. 64-77
Author(s):  
Darren McStravick
Keyword(s):  
State Accountability ◽  
Vulnerable Individual

The Dudley Lee Case: A new approach to factual causation and its implications for transformative jurisprudence

2017 ◽  
Vol 30 (1) ◽  
pp. 273-289
Author(s):  
Anmari Meerkotter
Keyword(s):  
Case Note ◽  
Constitutional Court ◽  
Recent Contribution ◽  
New Approach ◽  
State Accountability ◽  
The Law ◽  
Transformative Impact ◽  
Constitutional Jurisprudence ◽  
Law Of Delict

The Constitutional Court (CC) judgment of Lee v Minister of Correction Services 2013 2SA 144 (CC) is a recent contribution to transformative constitutional jurisprudence in the field of the law of delict. This matter turned on the issue of factual causation in the context of wrongful and negligent systemic omissions by the state. In this case note, I explore the law relating to this element of delictual liability with specific regard to the traditional test for factual causation – the conditio sine qua non (‘but-for’) test. In particular, I note the problems occasioned by formalistic adherence to this test in the context of systemic state omissions as evidenced by the SCA judgment in the same matter. I also consider the manner in which English courts have addressed this problem. Thereafter, I analyse the CC’s broader approach to the determination of factual causation as one based on common sense and justice. I argue that this approach endorses a break from a formalistic application of the test and constitutes a step towards an approach which resonates with the foundational constitutional values of freedom, dignity and equality. Furthermore, it presents an appropriate solution to the problems associated with factual causation where systemic omissions are concerned. I then consider the transformative impact of the Lee judgment. In particular, I argue that the broader enquiry favoured by the CC facilitates the realisation of constitutionally guaranteed state accountability, and amounts to an extension of the existing norm of accountability jurisprudence. Hence, I contend that the judgment presents a further effort by the Constitutional Court to effect wholesale the constitutionalisation of the law of delict, as well as a vindicatory tool to be used by litigants who have been adversely affected by systemic state omissions.

scholarly journals Adding “Student Voice” to the Mix: Perception Surveys and State Accountability Systems

AERA Open ◽  
2021 ◽  
Vol 7 ◽  
pp. 233285842199072
Author(s):  
Jack Schneider ◽  
James Noonan ◽  
Rachel S. White ◽  
Douglas Gagnon ◽  
Ashley Carey
Keyword(s):  
Survey Data ◽  
Student Voice ◽  
School Quality ◽  
Student Perception ◽  
State Level ◽  
Student Survey ◽  
New School ◽  
State Accountability ◽  
Survey Results ◽  
School Ratings

For the past two decades, student perception surveys have become standard tools in data collection efforts. At the state level, however, “student voice” is still used sparingly. In this study, we examine the ways in which including student survey results might alter state accountability determinations. Reconstructing the accountability system in Massachusetts, we draw on a unique set of student survey data, which we add to the state’s formula at a maximally feasible dosage in order to determine new school ratings. As we find, student survey data shift school accountability ratings in small but meaningful ways and appear to enhance functional validity. Student survey results introduce information about school quality that is not captured by typical accountability metrics, correlate moderately with test score growth, and are not predicted by student demographic variables.

Class Placements and Competing Priorities

2018 ◽  
Vol 21 (4) ◽  
pp. 25-33
Author(s):  
Julie D. Hasson
Keyword(s):  
Charter School ◽  
The State ◽  
Achievement Scores ◽  
New Model ◽  
New Principal ◽  
State Accountability ◽  
Accountability System ◽  
Competing Priorities ◽  
Teacher Placement

Justine Finley, newly appointed principal of Northside Elementary, had been tasked with increasing her school’s grade under the state accountability system and keeping neighborhood families from choosing to enroll in the charter school down the street. The superintendent made these priorities very clear. After spending the first 3 months observing and analyzing data, Justine realized that a new model for placing students in classes could be a lever for increasing achievement scores. What Justine failed to realize was the conflict that the new model would generate among parents and teachers. This case highlights the challenges a new principal encountered when attempting to implement a change in student and teacher placement procedures amid competing priorities.

scholarly journals TANGGUNG JAWAB NEGARA ATAS DIGUNAKANNYA SENJATA SPACE-BASED MISSILE INTERCEPTOR SEBAGAI BENTUK UPAYA SELF-DEFENSE DARI NEGARA PENYERANG TERHADAP NEGARA PIHAK KETIGA DITINJAU DARI HUKUM INTERNASIONAL

2022 ◽  
Vol 4 (1) ◽  
pp. 100-126
Author(s):  
Virajati Adhazar ◽  
Suhaidi Suhaidi ◽  
Sutiarnoto Sutiarnoto ◽  
Jelly Leviza
Keyword(s):  
International Law ◽  
Outer Space ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Rules ◽  
State Accountability ◽  
Legal Provisions ◽  
Self Defense ◽  
Compensation Process ◽  
Outer Space Treaty

Self-defense as an inherent right owned by a country is regulated in Article 51 of the UN Charter and due to the use of Space-Based Missile Interceptor (SBMI) weapons in space, the 1967 outer space treaty must also be guided. Because Article 4 of the 1967 Outer Space Treaty prohibits the use of weapons in space, the legality of using SBMI weapons is questionable. Therefore, this study was conducted to determine the legal provisions, forms of state accountability and the process of prosecuting compensation for countries using these weapons according to international law. The results of the study indicate that the use of SBMI weapons does not conflict with international law, because it is based on Article 103 of the UN Charter which states that if there are provisions in other legal rules that are contrary to the UN Charter, the UN Charter must be guided. So that self-defense actions based on Article 51 of the UN Charter do not violate the law. The party that must be absolutely responsible is the country that started the conflict, because it has violated the rules of international law in Article 2 paragraph (4) of the UN Charter and international humanitarian law. The compensation process is carried out according to the rules of the space liability convention 1972 and if in practice the party who is responsible does not show good faith in providing compensation, then it can be continued by referring to the dispute resolution process in the UN Charter.

scholarly journals F v MINISTER OF SAFETY AND SECURITY: Vicarious liability and state accountability for the criminal acts of police officers

2016 ◽  
Author(s):  
Heidi Barnes
Keyword(s):  
Police Officers ◽  
The State ◽  
Constitutional Court ◽  
Vicarious Liability ◽  
State Accountability ◽  
Normative Basis ◽  
The Law

The Constitutional Court judgement in F v Minister of Safety and Securityis a ground-breaking judgement in two important respects: firstly, it finally does away with the fiction that an employee acts within the course and scope of her employment in the so-called deviation cases in the law of vicarious liability, and secondly it clarifies the normative basis for holding the state vicariously liable for the criminal acts of police officers. In this latter respect it significantly promotes state accountability for the criminal acts of police officers.

Lesson Study in a Turnaround School: Local Knowledge as a Pressure-Balanced Valve for Improved Instruction

2017 ◽  
Vol 119 (6) ◽  
pp. 1-58
Author(s):  
Vicki S. Collet
Keyword(s):  
Local Knowledge ◽  
Lesson Study ◽  
Unique Contribution ◽  
High Stakes ◽  
Turnaround School ◽  
State Accountability ◽  
Teachers And Students ◽  
Study Process ◽  
High Needs Schools ◽  
The Impact

Background Federal and state accountability policies attempt to improve educational outcomes but have been blamed for a breadth of ills, including minimizing local knowledge and reducing teachers’ ability to respond to contextual needs. Teachers in high-needs schools, especially, feel the effects of constrained curricula and increased testing, resulting in increased workload and anxiety. Purpose This article explores the impact of professional development on teachers and students in a time of high-stakes accountability. Specifically, we ask: Does Lesson Study impact teachers’ instruction and students’ achievement in writing? And how do pressures imposed by policy impact efficacy and collaboration in a high-needs school? Research Design This study uses data from 20 Lesson Study meetings at a high-needs, “Turnaround” school and considers changes in students’ writing achievement. The mixed-method approach and high-stakes context offer a unique contribution to Lesson Study research. Conclusions Findings indicate that instruction changed and students’ writing significantly improved, with the mean growth percentile increasing from the 30th to the 46th percentile on state assessments. Further, we found that during the Lesson Study process, teachers moved through six Stages of Transformation in response to a high-pressure context, moving from feelings of anger and blame-shifting to eventual feelings of empowerment.

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