Verfassungsgerichtliche Entscheidungsfindung und ihre Folgen

2020 ◽  
Author(s):  
Maria Abad Andrade
Keyword(s):  
Decision Making ◽  
Theoretical Models ◽  
Case Law ◽  
Decision Making Process ◽  
Constitutional Court ◽  
Institutional Autonomy ◽  
Constitutional Courts ◽  
Law And Politics ◽  
Decision Making Processes ◽  
First Time

How do constitutional courts decide and how do institutional factors affect decision-making processes and their outcomes? This book answers these questions—in a way that is relevant for law and politics—in two steps. In the first place, it develops possible theoretical models of constitutional courts’ decision-making. Thereafter, they are applied to the politically significant Turkish Constitutional Court (1962–2012) for the first time. Using interviews with former judges and analyses of court rulings, the author proposes that ‘unfavourable coupling’ takes place at the Turkish Constitutional Court in the form of a decision-making logic that follows majority principles combined with a process that requires a willingness to compromise and seek consensus for the court to function appropriately. This coupling affects the court’s decision-making process, its case law and, indirectly, even its ability to gain institutional autonomy and authority.

Constitutional Court: The Dilemma of Law and Politics

2018 ◽  
Vol 64 (4) ◽  
pp. 480-482
Author(s):  
Andreas Voßkuhle
Keyword(s):  
Decision Making ◽  
The Other ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Law And Politics ◽  
Other Hand ◽  
Election Process ◽  
The One

This article raises questions in the context of the tension between the activities of parliament and government on the one hand and constitutional courts on the other hand. As to this tension, it concludes that the manner and method of decision-making on the part of government or parliament differs fundamentally from the manner in which constitutional courts operate. The article further elaborates, in particular, on the acceptance of decisions rendered by the constitutional court, as well as on questions in the context of the election process of constitutional court justices.

Between Politics and Expertise: An Italian Perspective on Constitutional Law and Scientific Legitimacy

2016 ◽  
Vol 7 (3) ◽  
pp. 475-484
Author(s):  
Marta Morvillo
Keyword(s):  
Decision Making ◽  
Scientific Knowledge ◽  
Constitutional Law ◽  
Case Law ◽  
The Other ◽  
Constitutional Court ◽  
The Public ◽  
Scientific Legitimacy ◽  
Decision Making Processes ◽  
Public Decision

The dialectic between the technically (or scientifically) possible and the legally possible, which is implied in decision-making in conditions of uncertainty, raises crucial issues from a constitutional perspective. In particular, the emergence of a new factor of legitimacy – which could be envisaged as a form of “scientific legitimacy” – can be detected and needs to be integrated within the constitutional discourse.Through an overview of the case law of the Italian Constitutional court, the paper aims at highlighting the possible approaches to the need of a deeper integration of technical and scientific knowledge within the public decision-making processes, in an attempt to strike a balance capable of avoiding the two extremes of scientifically weak decisions on one hand, and of “technical deference” to experts on the other.

A Decision Methodology for Determining Suitable Post-Disaster Accommodations: Reconsidering Effective Indicators for Decision-making Processes

2020 ◽  
Vol 17 (3) ◽  
Author(s):  
S. M. Amin Hosseini ◽  
Albert de la Fuente ◽  
Oriol Pons ◽  
Carmen Mendoza Arroyo
Keyword(s):  
Decision Making ◽  
Case Studies ◽  
Natural Hazard ◽  
Recovery Process ◽  
Decision Making Process ◽  
Temporary Housing ◽  
Universal Approach ◽  
Decision Making Processes ◽  
Main Factors ◽  
Post Disaster

AbstractOne of the main challenges in assisting displaced persons who have lost their homes as a result of a natural hazard is the provision of adequate post-disaster accommodations, such as temporary housing. Although the need for temporary housing has increased around the world in recent years, it has been criticized on economic, environmental, and social grounds. A universal approach to post-disaster accommodations cannot successfully deal with this issue because each recovery process involves a unique set of conditions. Therefore, rather than defining a specific strategy, this study aims to present an approach capable of producing customized strategies based on contextual and social conditions. To this end, first, the main factors influencing the choice of post-disaster accommodations are identified through five case studies. It is concluded that all of the factors can be organized into three main vertices to simplify the highly complex issues involved in post-disaster accommodations. The case studies also show that the decision-making process consists of two main parts. To date, a recurring failure to distinguish between these two parts has led to unsuitable outcomes. Thus, this paper presents a new decision-making methodology, consisting of multiple steps, phases, and indicators based on the main vertices.

Benner’s Framework and Clinical Decision-Making in the Critical Care Environment

2016 ◽  
Vol 30 (1) ◽  
pp. 52-57 ◽  
Author(s):  
Kristi J. Stinson
Keyword(s):  
Decision Making ◽  
Critical Care ◽  
Clinical Experience ◽  
Strong Correlation ◽  
Clinical Decision Making ◽  
Clinical Decision ◽  
Decision Making Process ◽  
Clinical Experiences ◽  
Care Environment ◽  
Decision Making Processes

Completed as part of a larger dissertational study, the purpose of this portion of this descriptive correlational study was to examine the relationships among registered nurses’ clinical experiences and clinical decision-making processes in the critical care environment. The results indicated that there is no strong correlation between clinical experience in general and clinical experience in critical care and clinical decision-making. There were no differences found in any of the Benner stages of clinical experience in relation to the overall clinical decision-making process.

scholarly journals Questioning Facilities Management in Higher Education in Egyptian Context for Better Decision-Making Process of Funding Allocation

2017 ◽  
Vol 12 (7) ◽  
pp. 129
Author(s):  
Mona Mohamed Abd Elghany ◽  
Reem Aly Elharakany
Keyword(s):  
Higher Education ◽  
Decision Making ◽  
Public Universities ◽  
Quality Of Education ◽  
Decision Making Process ◽  
Facilities Management ◽  
Structured Interviews ◽  
Decision Making Processes ◽  
Strategic Relationships

The quality of education is influenced by the managerialization of the universities, which refers to the introduction of substantial changes in the decision-making processes of the academic institutions, and the application of renewed information systems along with new managerial methodologies to restructure the organisational strategic relationships with stakeholders. This paper proposes a questionnaire to assess the importance of facilities in universities according to their financial budget consumed value. Semi Structured Interviews were conducted with the heads of logistic and financial departments in Egyptian universities, twenty public universities and twenty-three private universities, in order to identify criteria for the most significant university's facilities and appealing infrastructure that contributes to the quality of education.

scholarly journals Rational and irrational processes in decision making: An economic perspective

2019 ◽  
Vol 1 (1) ◽  
pp. 51-57
Author(s):  
Maria Liana Lacatus
Keyword(s):  
Decision Making ◽  
Imperfect Information ◽  
Final Section ◽  
Daily Life ◽  
Decision Making Process ◽  
Economic Perspective ◽  
Short Introduction ◽  
Decision Making Processes ◽  
Economic Understanding

The paper presents important issues of decision making processes with an emphasis on rational and irrational components of these processes. After a short introduction outlining the need for a deeper understanding of rational and non-rational factors that affect the decisions people make, the rationality of people decisions in daily life is questioned and the role of non-rational factors such as intuition are analyzed. The economic understanding of the decision making process is presented and principles of rational decision-making are explained. Different methods used and recommended by economists in order to make decisions are presented and applied in different life situations in order to demonstrate their value in daily life. Special emphasis is put on factors such as imperfect information, illusion of control, or risk aversion that may affect the rationality of the decision making processes. In the final section of the paper the concept of bounded rationality is introduced and explained along with new theories in economics that are challenging the classic economic perspective on the decision making process

scholarly journals THE ROLE OF SOCIAL MEDIA ON MIGRATION DECISION-MAKING PROCESSES: Case of Indonesian Student in University of Groningen

2018 ◽  
Vol 6 (1) ◽  
pp. 515
Author(s):  
Inayah Hidayati
Keyword(s):  
Decision Making ◽  
Social Media ◽  
Migration Decision ◽  
Decision Making Process ◽  
Migration Behavior ◽  
Interview Guide ◽  
Destination Area ◽  
Decision Making Processes ◽  
The Impact

Objective: This research aims to explain the impact of social media on the migration decision-making process of Indonesian student migrants in University of Groningen who used a social media account. In detail, this research will consider the role of social media in the migration decision-making process of students who emigrated from Indonesia and how they uses social media in the context of the migration decision-making process. Methods: The data collected included qualitative data from in-depth interviews and supported by study literatures. An interview guide was formulated to facilitate the indepth interviews and generate a better understanding of migration behavior. Expectation: Social media help Indonesian student migrants on migration decision making process and they use social media for searching information about destination area. Result: Student migrant in University of Groningen use their social media to gain information before they choose that university for study. They use Facebook to making contact with their friends and collagues in the destination country. Student group on Facebook help Indonesian student to get information about school and daily life.

An Integrated Model of Pop Culture Fans’ Travel Decision-Making Processes

2017 ◽  
Vol 57 (5) ◽  
pp. 687-701 ◽  
Author(s):  
SoJung Lee ◽  
HakJun Song ◽  
Choong-Ki Lee ◽  
James F. Petrick
Keyword(s):  
Decision Making ◽  
Conceptual Framework ◽  
Explanatory Power ◽  
Pop Culture ◽  
Integrated Model ◽  
Decision Making Process ◽  
Decision Making Processes ◽  
Aida Model ◽  
Travel Decision ◽  
Goal Directed Behavior

This study integrated the Model of Goal-directed Behavior (MGB) and the Attention, Interest, Desire, and Actions (AIDA) model into a conceptual framework to examine how pop culture influences decisions to visit a pop culture–featured destination. Findings revealed that visit intentions were significantly influenced by variables in the two models (MGB and AIDA), highlighting that attention to pop culture and positive anticipated emotions played important roles in unifying them. Results suggest that the integrated framework offers a comprehensive and coherent perspective on the complicated decision-making process of pop culture fans, which enhances the explanatory power for predicting future intentions. Thus, this paper offers an innovative approach to integrating models from the disciplines of psychology and advertising.

The implications of the decision in Helen Suzman Foundation v Judicial Service Commission 2018 (7) BCLR 763 (CC) 8 on the functioning of the South African Judicial Service Commission

2020 ◽  
Vol 24 ◽  
Author(s):  
Nomthandazo Ntlama
Keyword(s):  
South Africa ◽  
Decision Making ◽  
Human Rights ◽  
South African ◽  
Rule Of Law ◽  
Decision Making Process ◽  
Constitutional Court ◽  
Service Commission ◽  
Insight Into ◽  
Future Management

ABSTRACT The article examines the implications of the judgment of the Constitutional Court in Helen Suzman Foundation v Judicial Service Commission 2018 (7) BCLR 763 (CC) 8 on the functioning of the Judicial Service Commission (JSC). The judgment has brought to the fore a new lease of life relating to the JSC's post-interview deliberations as a disclosable record in terms of Rule 53(1)(b) of the Uniform Rules of Court. The disclosure seeks to provide an insight into the decision-making process of the JSC in the appointment of judicial officers in South Africa. It is argued that the judgment is two-pronged: first, the disclosure of the post-interview record enhances the culture of justification for decisions taken, which advances the foundational values of the new democratic dispensation; secondly, it creates uncertainty about the future management and protection of the JSC processes in the undertaking of robust debates on the post-interview deliberations. It then questions whether the JSC members will be privileged in their engagement with the suitability of the candidates to be recommended for appointment by the President. The question is raised against the uncertainty about which decision of the JSC will be challenged that will need the disclosure of the record because the judgment does not entail the national disclosure of the record in respect of each candidate but applies only when there is an application for review of the JSC decision. Key words: Judicial Service Commission, appointments, discretion, judiciary, independence, rule of law, discretion, accountability, transparency, human rights.

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