Revitalising Public Law in a Technological Era: Rights, Transparency and Administrative Justice

2020 ◽  
Vol 43 (3) ◽  
Author(s):  
Yee-Fui Ng ◽  
Maria O’Sullivan ◽  
Moira Paterson ◽  
Normann Witzleb
Keyword(s):  
Decision Making ◽  
Social Services ◽  
Best Practice ◽  
Public Law ◽  
Freedom Of Information ◽  
Legal Principles ◽  
Privacy Law ◽  
Government Decision ◽  
Use Of Technology ◽  
Debt Recovery

Author Yee-Fui Ng, Maria O’Sullivan, Moira Paterson and Normann Witzleb This article examines how public law should be revitalised in light of the increasing use of technology in government decision-making. As the recent controversy concerning the implementation of an automated debt recovery system by the Department of Social Services illustrates, the automation of government decision-making engages fundamental legal principles such as transparency, procedural fairness and reviewability. The use of technology in administrative decision-making in Australia therefore raises a number of critical, and interlocking, questions: Is Australian public law fit for purpose to protect individual rights in automated governmental decision- making? If not, what reforms are necessary and how should they be instituted? This article will consider these issues in relation to three specific areas of public law: privacy law, freedom of information, and judicial review. In doing so, it sets out concrete recommendations for the revitalisation of Australian public law so that it may become more value-compliant and consistent with emerging international best practice standards.

scholarly journals Government Transparency in Decision Making

2021 ◽  
Vol 37 (2) ◽  
pp. 119-124
Author(s):  
Sven Bluemmel
Keyword(s):  
Decision Making ◽  
The State ◽  
Decision Makers ◽  
Freedom Of Information ◽  
Crucial Element ◽  
Government Transparency ◽  
Government Decision ◽  
Decisive Action ◽  
Fundamental Mechanism

Freedom of information (FOI) regimes are a hallmark of modern democracies and a crucial element of any government transparency and integrity framework. This paper examines how government responses to COVID-19 brought the need for greater transparency of government decision making to the fore. Genuine engagement with FOI regimes provides a fundamental mechanism to keep government decision makers accountable and increases and maintains trust capital between citizens and the state. In turn, governments rely on this trust capital to take strong and decisive action—as highlighted by global responses to COVID19. The author argues that FOI is an important mechanism to challenge poor government decision making, and ultimately enhance the long-term health of our democracy.

State liability for ‘politically’ motivated conduct in the investment treaty regime

2019 ◽  
Vol 33 (1) ◽  
pp. 77-100
Author(s):  
Jonathan Bonnitcha ◽  
Zoe Phillips Williams
Keyword(s):  
Decision Making ◽  
Political Influence ◽  
Public Law ◽  
Foreign Investors ◽  
Investment Treaty ◽  
Government Decision ◽  
Different Types ◽  
The One ◽  
State Liability ◽  
New Framework

AbstractIn framing investment treaty claims against host states, foreign investors routinely assert that the state’s conduct was ‘politically’ motivated. Arbitral tribunals must then grapple with these allegations. Yet, tribunals lack both a coherent conception of what constitutes politically motivated conduct and a consistent understanding of the relevance, if any, of such motivations for the disposition of an investor’s legal claims. This uncertainty points to an underlying tension within the investment treaty regime between the protection of investors’ interests on the one hand, and the legitimate scope for democratic decision-making and responsive politics on the other.Using concepts drawn from political science, we develop a new framework to map the variety of conduct that tribunals characterize as ‘political’. Our framework draws attention to different types of influence over government decision-making, as well as differences between government actors responsible for the conduct. We use this framework to show that tribunals have adopted different conceptions of what constitutes illegitimate political influence over government decision-making in factually similar cases. We then evaluate tribunals’ competing approaches in light of normative theories spanning both public law and private law. Engaging with multiple normative theories allows us to examine whether tribunals’ different approaches to politically motivated conduct might reflect diverse underlying normative commitments. We argue, however, that many arbitral tribunals demonstrate a reflexive distrust of domestic political contestation that is difficult to justify within any of the theories that we consider.

U.S. Regulatory Approaches: A Critical Appraisal

1992 ◽  
Vol 25 (3) ◽  
pp. 13-21
Author(s):  
R. L. Williamson
Keyword(s):  
Decision Making ◽  
Command And Control ◽  
Regulatory System ◽  
Federal Agencies ◽  
Toxic Substances ◽  
Use Of Technology ◽  
Treatment Technologies ◽  
New Treatment ◽  
And Control ◽  
The Impact

The American approach to environmental regulation is characterized by fragmentation of responsibilities, primary reliance on command and control regulations, extraordinary complexity, a preference for identifiable standards, and heavy resort to litigation. This system has provided important benefits, including significant reduction of environmental contamination, substantial use of science in decision-making, broad participatory rights, and the stimulation of new treatment technologies. However, these gains have been achieved at excessive cost. Too much reliance is placed on command and control methods and especially on technology-based standards. There is too much resort to litigation, and inadequate input from science. Participatory rights are being undermined, and there is a poor allocation of decision-making among the federal agencies and the states. Over-regulation sometimes leads to under-regulation, and insufficient attention is given to the impact on small entities. The responsibility for these difficulties rests with everyone, including the federal agencies, the Congress, the general public and the courts. Changes in the regulatory system are needed. We should abandon the use of technology-based standards to control toxic substances under the Clean Water Act in favor of strong health- and environmentally based standards, coupled with taxes on toxic substances in wastewater.

Solving the Internet Jurisdiction Puzzle

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Cyber Security ◽  
Data Privacy ◽  
Modern World ◽  
The Internet ◽  
Private International Law ◽  
Reform Initiatives ◽  
Legal Principles ◽  
Privacy Law ◽  
History Of

Internet jurisdiction has emerged as one of the greatest and most urgent challenges online, severely affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, Cyber security, intellectual property, freedom of speech, and Cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction––for both private international law and public international law––based on sixteen years of research dedicated specifically to the topic. The book demonstrates that our current paradigm remains attached to a territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction. He also proposes several other reform initiatives such as the concept of ‘investigative jurisdiction’ and an approach to geo-blocking, aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how properly to understand and work with rules of Internet jurisdiction. While Solving the Internet Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework.

Exploring the Experiences of Mr. J. W. Green

2018 ◽  
Author(s):  
David Wendell Moller
Keyword(s):  
Decision Making ◽  
Social Services ◽  
Assisted Living ◽  
Medical Decision Making ◽  
Life Experience ◽  
Medical Decision ◽  
Physician Communication ◽  
Assisted Living Facilities ◽  
Optimal Care ◽  
Low Health Literacy

Inattentive care and lack of compassion exacerbated the Whites’ suffering, leading to unconscionable indignity for both in the nursing home. Ken and Virble White were a part of the ongoing fabric of our society, that portion which includes the working poor. We know that individuals like them are subject to worse health outcomes. They possess inadequate resources to make the health system work in their favor or even on balance with the rest of the population. Their medical decision-making takes place in a context of inadequate patient–physician communication, low health literacy, lack of access to social services, and other factors that undermine optimal care. These factors are present in different ways throughout the life experience of disempowered patients every day in clinics, hospitals, and assisted-living facilities throughout the nation.

Illuminating the decision-making strategies of anesthesia providers in challenging cases

2020 ◽  
Vol 64 (1) ◽  
pp. 653-657
Author(s):  
Joshua Biro ◽  
David M. Neyens ◽  
Candace Jaruzel ◽  
Catherine D. Tobin ◽  
Myrtede Alfred ◽  
...  
Keyword(s):  
Decision Making ◽  
Work Environment ◽  
Medication Errors ◽  
Information Seeking ◽  
Best Practice ◽  
Practice Recommendations ◽  
Medication Delivery ◽  
Anesthesia Providers ◽  
Healthcare Work ◽  
Realistic View

Medication errors and error-related scenarios in anesthesia remain an important area of research. Interventions and best practice recommendations in anesthesia are often based in the work-as-imagined healthcare system, remaining under-used due to a range of unforeseen complexities in healthcare work-as- done. In order to design adaptable anesthesia medication delivery systems, a better understanding of clinical cognition within the context of anesthesia work is needed. Fourteen interviews probing anesthesia providers’ decision making were performed. The results revealed three overarching themes: (1) anesthesia providers find cases challenging when they have incomplete information, (2) decision-making begins with information seeking, and (3) attributes such as expertise, experience, and work environment influence anesthesia providers’ information seeking and synthesis of tasks. These themes and the context within this data help create a more realistic view of work-as-done and generate insights into what potential medication error reducing interventions should look to avoid and what they could help facilitate.

scholarly journals Structured Hypothesis Development in Criminal Investigation: A method aimed at providing a broad and objective starting point for a criminal investigation

2020 ◽  
pp. 0032258X2098232
Author(s):  
Nina Sunde
Keyword(s):  
Cognitive Psychology ◽  
Best Practice ◽  
Logical Reasoning ◽  
Scientific Methodology ◽  
Criminal Investigation ◽  
Legal Principles ◽  
Starting Point ◽  
Objective Investigation

The Structured Hypothesis Development in Criminal Investigation (SHDCI) method aims to assist detectives in developing an adequate set of hypotheses, which prepares the ground for a broad and objective investigation. The method aims to protect the innocent, while also enabling the detectives to discover the full scope of the incident under investigation. SHDCI builds on theory and principles from cognitive psychology, scientific methodology, logical reasoning, law and criminal investigation best practice. The method is developed in a Norwegian context, but builds on universally accepted legal principles, and SHDCI may therefore be relevant for implementation in other jurisdictions.

Information transformation: Some missing links

2007 ◽  
Vol 26 (3) ◽  
pp. 157-172
Author(s):  
Ivan P. Vaghely ◽  
Pierre-André Julien ◽  
André Cyr
Keyword(s):  
Decision Making ◽  
Grounded Theory ◽  
Information Processing ◽  
Knowledge Creation ◽  
Best Practice ◽  
Participant Observation ◽  
Human Information Processing ◽  
Process Information ◽  
Information Transformation ◽  
Efficient Information

Using grounded theory along with participant observation and interviews the authors explore how individuals in organizations process information. They build a model of human information processing which links the cognitivist-constructionist perspective to an algorithmic-heuristic continuum. They test this model using non-parametric procedures and find interesting results showing links to efficient information processing outcomes such as contributions to decision-making, knowledge-creation and innovation. They also identify some elements of best practice by efficient human information processing individuals whom they call the “information catalysts”.

scholarly journals Determinants of Managed Entry Agreements in the context of Health Technology Assessment: a comparative analysis of oncology therapies in four countries

2021 ◽  
Vol 37 ◽  
Author(s):  
Olina Efthymiadou ◽  
Panos Kanavos
Keyword(s):  
Decision Making ◽  
Health Technology Assessment ◽  
Technology Assessment ◽  
Best Practice ◽  
Health Technology ◽  
Future Research ◽  
Best Practice Guidelines ◽  
Chi Squared ◽  
Decision Making Factors ◽  
Managed Entry Agreements

Abstract Background Managed Entry Agreements (MEAs) are increasingly used to address uncertainties arising in the Health Technology Assessment (HTA) process due to immature evidence of new, high-cost medicines on their real-world performance and cost-effectiveness. The literature remains inconclusive on the HTA decision-making factors that influence the utilization of MEAs. We aimed to assess if the uptake of MEAs differs between countries and if so, to understand which HTA decision-making criteria play a role in determining such differences. Methods All oncology medicines approved since 2009 in Australia, England, Scotland, and Sweden were studied. Four categories of variables were collected from publicly available HTA reports of the above drugs: (i) Social Value Judgments (SVJs), (ii) Clinical/Economic evidence submitted, (iii) Interpretation of this evidence, and (iv) Funding decision. Conditional/restricted decisions were coded as Listed With Conditions (LWC) other than an MEA or LWC including an MEA (LWCMEA). Cohen's κ-scores measured the inter-rater agreement of countries on their LWCMEA outcomes and Pearson's chi-squared tests explored the association between HTA variables and LWCMEA outcomes. Results A total of 74 drug-indication pairs were found resulting in n = 296 observations; 8 percent (n = 23) were LWC and 55 percent (n = 163) were LWCMEA. A poor-to-moderate agreement existed between countries (−.29 < κ < .33) on LWCMEA decisions. Cross-country differences within the LWCMEA sample were partly driven by economic uncertainties and largely driven by SVJs considered across agencies. Conclusions A set of HTA-related variables driving the uptake of MEAs across countries was identified. These findings can be useful in future research aimed at informing country-specific, “best-practice” guidelines for successful MEA implementation.

Cultivating Trustworthy Artificial Intelligence in Digital Government

2020 ◽  
pp. 089443932098012
Author(s):  
Teresa M. Harrison ◽  
Luis Felipe Luna-Reyes
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Policy Analysis ◽  
Public Trust ◽  
Governance Structures ◽  
Cognitive Tools ◽  
Lens Model ◽  
Digital Government ◽  
Government Decision ◽  
Decision Making Processes

While there is growing consensus that the analytical and cognitive tools of artificial intelligence (AI) have the potential to transform government in positive ways, it is also clear that AI challenges traditional government decision-making processes and threatens the democratic values within which they are framed. These conditions argue for conservative approaches to AI that focus on cultivating and sustaining public trust. We use the extended Brunswik lens model as a framework to illustrate the distinctions between policy analysis and decision making as we have traditionally understood and practiced them and how they are evolving in the current AI context along with the challenges this poses for the use of trustworthy AI. We offer a set of recommendations for practices, processes, and governance structures in government to provide for trust in AI and suggest lines of research that support them.

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