scholarly journals The Right to Strike in the Education Sector in Light of Constitutional Provisions and International Legal Obligations

2021 ◽  
Vol 28 (2) ◽  
pp. 129-138
Author(s):  
Aleksandra Bocheńska
Keyword(s):  
Public Education ◽  
Public Sector ◽  
Civil Service ◽  
Education Sector ◽  
Main Area ◽  
Area Of Interest ◽  
Current State ◽  
Legal Obligations ◽  
The Right

The main area of interest of this paper focuses on the right to strike in public education sector. All the possibilities of limiting the right to strike in this public sector needs to be verified in the context of constitutional provisions and international legal obligations binding the legislator. The possibility of “including” teachers in the Civil Service Corps is being considered in this paper. Under the current state of law, there are no grounds to restrict or prohibit the right to strike in the education sector. The potential subordination of teachers to the rigours binding the Civil Service Corps would require far-reaching adjustments within this institution, stemming from the constitutional provisions that would necessitate these changes.

Bashing Public Employees and Their Unions

2017 ◽  
Author(s):  
Nelson Lichtenstein
Keyword(s):  
Public Education ◽  
Public Sector ◽  
Collective Bargaining ◽  
Public Employee ◽  
Public Employees ◽  
The Public ◽  
The Will ◽  
The Right ◽  
Government Workers ◽  
Public Sector Unionism

This chapter considers the idea of governmental “sovereignty,” as used by the right, to undermine the rationale for collective bargaining in the public sector. From the Boston Police Strike of 1919 forward, conservatives have considered the organization of government workers to be incompatible with the sovereign status of those entities sustained by taxes and elected by the populace. Public employee unions subverted the will of elected officeholders and undermined state power. That antiunion ideology faded in the two decades after 1958 when public employee unionism grew by leaps and bounds, but in recent years it has returned, albeit in a distinctively neoliberal, antistate guise. Conservatives today charge that instead of challenging the power of the state, public sector unionism is illegitimate because these institutions support those governmental functions that regulate commerce, sustain public education, and provide other public goods now under attack from the neoliberal right.

Integrative Approach in Law Understanding: the History of the Origin of Ideas and the Current State

2020 ◽  
Vol 2 (1) ◽  
pp. 115-130
Author(s):  
R. R. Palekha ◽  
Keyword(s):  
Central Place ◽  
Scientific Basis ◽  
Integrative Approach ◽  
Current State ◽  
History Of ◽  
Legal Thinking ◽  
Reliable Knowledge ◽  
The Right ◽  
Fat Formulation

Introduction. Right understanding is the most live, interesting and, at the same time, the uncertain and changeable area of researches which takes the central place as in the general theory of the right, and gains the increasing value in industry jurisprudence that is connected with its considerable teoretiko-methodological and applied potential which is shown in spheres of lawmaking and law-enforcement activity. Thus, right understanding represents research tools of the subject of knowledge which allow to study all range legal and, the based on them, state phenomena for the purpose of obtaining reliable knowledge of state and legal reality. In this regard integrative approach in right understanding which has rich history of the formation and development is of special interest, allows to perceive the right as integrally complete phenomenon, as much as possible retrieves its regulatory abilities and, provides achievement of criteria of scientific research: comprehensiveness, objectivity, historicism. Materials and Methods. In article an attempt of the analysis of integrative approach in right understanding from a position of history of origin of his ideas and assessment of the current state is made. A result of studying of scientific literature, generalization and comparison of the different points of view fat formulation of author’s determination of category “right understanding” and submission of the evidence-based integrative theory of right understanding which as much as possible conforms to requirements of time and has essential regulatory and guarding potential. Results. In article the category right understanding is comprehensively considered, different integrative theories of right understanding from a position of their origin and development are submitted, the value of modern integrative approach in right understanding is shown, perspectives of its further development are evaluated. Discussion and Conclusion. The author comes to the conclusion about the theoretical and methodological consistency and inevitability of the integrative approach in law understanding, which acts as a scientifically grounded type of legal thinking capable of comprehending the law on a truly scientific basis.

Religious freedom and the ‘right to discriminate’ in the school admissions context: a neo-republican critique

Legal Studies ◽  
2011 ◽  
Vol 31 (4) ◽  
pp. 615-643 ◽  
Author(s):  
Eoin Daly ◽  
Tom Hickey
Keyword(s):  
Public Education ◽  
Religious Freedom ◽  
Religious Discrimination ◽  
Religious Schools ◽  
The Public ◽  
Definition Of ◽  
The Uk ◽  
The Right ◽  
Republican Theory ◽  
Faith Schools

In law and discourse, it has typically been assumed that the religious freedom of state-funded religious schools must trump any competing right to non-discrimination on grounds of belief. For example, the Irish Constitution has been interpreted as requiring the broad exemption of denominational schools from the statutory prohibition on religious discrimination in school admissions. This stance is mirrored in the UK Equality Act 2010. Thus, religious discrimination in the public education context has been rationalised with reference to a ‘liberty-equality dichotomy’, which prioritises the integrity of faith schools' ‘ethos’, as an imperative of religious freedom. We argue that this familiar conceptual dichotomy generates a novel set of absurdities in this peculiar context. We suggest that the construction of religious freedom and non-discrimination as separate and antagonistic values rests on a conceptually flawed definition of religious freedom itself, which overlooks the necessary dependence of religious freedom on non-discrimination. Furthermore, it overstates the necessity, to religious freedom, of religious schools' ‘right to discriminate’. We argue for an alternative ordering of the values of religious freedom and non-discrimination – which we locate within the neo-republican theory of freedom as non-domination.

Council House Sales and Residualization

1986 ◽  
Vol 15 (3) ◽  
pp. 273-292 ◽  
Author(s):  
N.J. Williams ◽  
J. Sewel ◽  
F. Twine
Keyword(s):  
Public Sector ◽  
Empirical Evidence ◽  
Social Classes ◽  
General Process ◽  
The Public ◽  
The Right ◽  
The City ◽  
Right To Buy ◽  
Council House

ABSTRACTIt has been argued that council house sales will contribute towards a more general process of residualization of public sector housing. Empirical evidence is presented in this context derived from surveys of purchasers and non-purchasers of council dwellings in the city of Aberdeen. This evidence confirms that purchasers and non-purchasers exhibit different socio-economic characteristics and after only four years of the Right to Buy legislation significant numbers of households in social classes I, II and III have left the public sector via the mechanism of sales. The small number of sales relative to the stock as a whole, however, has meant that the overall contribution of sales towards residualization has been small. This evidence from Aberdeen is compared to evidence from elsewhere and related to the varying pattern of sales across the country as a whole.

Percezione sociale e paranoia: una rassegna

2009 ◽  
pp. 123-141
Author(s):  
Dennis R. Combs ◽  
Dustin J: Chapman ◽  
Casey Reneau
Keyword(s):  
Social Cognition ◽  
Theory Of Mind ◽  
Attributional Style ◽  
Social Perception ◽  
Social Cognitive ◽  
Persecutory Delusions ◽  
Future Studies ◽  
Area Of Interest ◽  
Current State ◽  
Interest In Research

- There has been an increased interest in research on paranoia and persecutory delusions. This is partly based on the idea that paranoia exists on a continuum ranging from sub-clinical to clinical levels. One area of interest is in social cognition as it may provide methods to understand how persons with paranoia perceive, interpret, and understand their social world. Previous research has showed that social cognition directly influences or mediates social functioning. Paranoia can be ideally approached from a social cognitive perspective, which makes understanding these processes even more important. For this review, we will focus on the current state of knowledge for paranoia as it pertains to the three primary domains of social cognition: 1) emotion/social perception, 2) theory of mind, and 3) attributional style. Deficits in emotion/social perception appear to be found across the paranoia continuum. In contrast, deficits in theory of mind and attributional style are typically found in persons with clinical levels of paranoia. Future studies should focus on understanding the processes that might underlie the deficits.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

Een nieuw en flexibel personeelsbeleid in de lokale besturen in Vlaanderen ?

Res Publica ◽  
1998 ◽  
Vol 40 (1) ◽  
pp. 79-97
Author(s):  
Trui Steen
Keyword(s):  
Public Sector ◽  
Local Government ◽  
Labour Market ◽  
Personnel Management ◽  
Civil Service ◽  
Management Strategies ◽  
Employment Policy ◽  
The Public ◽  
Public Sector Employment ◽  
Personnel Policies

Personnel management in localgovernment in Flanders bas undergone some major reforms during recent years. We examine the purposes and the extent of these reforms. Also, the new personnel management in Flemish local government is evaluated in terms of flexibility. The Flemish civil service can be considered as an Internal Labour Market. The rigidity which characterises the Internal Labour Market in local government in Flanders is shown by the fact that local government lacks discretion in elaborating the personnel statute, which still constitutes the basis of personnel management. However, the thesis that the public sector employment policy is too rigid has to be nuanced. The civil service is familiar with irregular forms ofemployment. Infact, in Flemish local government only half of all personnel are employed according to a statute.Despite some constraints on the development of more flexible personnel policies, it is still possible to find opportunities which provide hope for the development of new and modern personnel management strategies in local government.

Right to Promotion: Legal Certainty and Discretion of the Employer’s Representative

2021 ◽  
pp. 422-433
Author(s):  
M.V. Presnyakov
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Civil Servant ◽  
Equal Access ◽  
Legal Certainty ◽  
The Law ◽  
The Right ◽  
Exhaustive List

Public Civil Service Act to establish such a mechanism for the exercise of the right to growth. This law provides for a competitive procedure for the replacement of all posts, including in the order of post growth, and at the same time establishes the principle of forming a personnel reserve on a competitive basis. In addition, the law contains an exhaustive list of exceptions to the competitive procedure for the placement of posts, one of which is the appointment of a civil servant in the personnel reserve. This is justified, since the personnel reserve itself is formed on a competitive basis. However, the law provides for the possibility of enrolling a civil servant in the personnel reserve based on the results of certification, which, in our opinion, does not comply with the principle of legal certainty, does not fully realize the right of equal access to public service, and also does not ensure the filling of posts according to the principle of competence. However, the potential of this law is not fully realized, as it contains a number of uncertain provisions that overextend the discretion of the employer's representative.

EFFECTIVE STEPS ON THE WAY TO MODERNIZATION OF CIVIL SERVICE IN THE SYSTEM OF JUDICIARY BODIES: INTRODUCTION OF ELEMENTS OF GAME THEORY

2018 ◽  
Author(s):  
Olena Hladunova ◽  
Keyword(s):  
Game Theory ◽  
Justice System ◽  
Civil Service ◽  
Civil Servants ◽  
International Standards ◽  
Scientific Article ◽  
Basic Principles ◽  
Conflict Situations ◽  
Definition Of ◽  
The Right

In this scientific article the main elements of game theory are analyzed, the achievements of domestic and foreign scientists devoted to the consideration of such theory are investigated. The expediency of involving in the practical activity of the civil service in the system of judicial authorities effective methods used in the field of business and consisting in the use of game technologies, which have proven their effectiveness in terms of providing quality services. It is focused on the fact that game theory can play a key role in the decision-making process, however, it is important to strictly adhere to the limits of its application. Possible conflict situations in the work of civil servants of the justice system are formulated and it is investigated that in conflict conditions each so-called participant of the game makes his course, i.e. chooses his strategy, as a result of which the relevant conflict situation is outlined and a set of strategies of all players. Some examples of the use of elements of game theory are given and the content of certain types of strategies is revealed. In particular, a strategy is described, which is denoted by the term "screening". Taking into account the definition of ways to modernize the civil service, the need to include in standardized training programs for civil servants of the justice system category "B" training course, which will include the basic principles of game theory for their active use in conflict, skills to compromise in relationships with visitors to the court - recipients of court services, selection of the right strategy, consideration of theoretical and game modeling of personnel management tasks, focusing on the ability to obtain and timely provide the necessary information to create a new civil service in the judiciary that meets international standards.

The role of motivation in talent selection and ­development in competitive sport

2021 ◽  
Keyword(s):  
Measurement Instrument ◽  
Psychological Characteristics ◽  
Advantages And Disadvantages ◽  
Current State ◽  
Talent Selection ◽  
Comprehensive Picture ◽  
Performance Development ◽  
The Right

The early and long-term development of promising young athletes is a decisive factor in being internationally competitive in top-level sports. Among the multitude of talent criteria suggested in the literature, motivation plays a prominent role in the area of psychological characteristics. It is recognised in practice and research as a relevant criterion for performance development across all sports. This article provides an overview of the current state of talent research in the field of motivation. First, the most common theories of motivation in competitive sports are described, then different measurement methods and their advantages and disadvantages as well as the predictive value of motivation for athletic performance are discussed. Finally, implications for practice are suggested. It can be summarised that motivation in sport is conceptualised and operationalised in different ways and that the decision for the right measurement instrument depends on the goal of the assessment. To get a comprehensive picture of an athlete’s motivational status, it is useful to assess several aspects of motivation through different methods.

Sign in / Sign up

Export Citation Format

Share Document