Die Herausforderungen der digitalen Kommunikation für den Staat und seine demokratische Staatsform | The Challenges of Digital Communication for the State and its Democratic State Form | Les défis de la communication numérique pour l’État et sa forme démocratique

2021 ◽  
Keyword(s):  
Social Communication ◽  
Constitutional Law ◽  
Theory And Practice ◽  
Public And Private ◽  
Supreme Courts ◽  
Digital Revolution ◽  
The Public ◽  
Democratic State ◽  
Points Of View ◽  
State Form

Constitutional law must integrate the changes in the structure of social communication in the course of the digital revolution into the edifice of constitutional law and general constitutional doctrine, just as it must integrate the increasing dehumanisation of decisions by algorithms and artificial intelligence in both the public and private law spheres. The discussion on these multi-layered and complicated issues were lively debated by experts from theory and practice at the Societas Iuris Publici Europaei (SIPE) conference. Another topic of the conference was the acceptance of the primacy of Union law by the national supreme courts and the question of whether and how a convergence of the different points of view would be possible here.

The Judicial Function Under the Constitution: Theory and Practice

1984 ◽  
Vol 41 ◽  
pp. 10-15
Author(s):  
Henry J. Abraham
Keyword(s):  
Labor Unions ◽  
Constitutional Law ◽  
Final Analysis ◽  
Theory And Practice ◽  
Public And Private ◽  
The Public ◽  
American System ◽  
Do So

No branch of the American system of government has been at once less understood and more misunderstood than the judiciary. Yet it may well be argued — and I propose to do so — that the so-called “least dangerous branch” (Hamilton's half-truth) is, in the final analysis, the most powerful of the three in its impact upon the nature and character of our constitutional law. Notwithstanding rampant, and indubitably often justified, criticism, it is also seen by the public as both the most trustworthy and the most professional of the three. And incidentally — or not so incidentally — it also ranks high, indeed, in that perception among all visible public and private groups, with Congress consistently bringing up the rear, outranked in the booby realm only by lawyers (what delicious irony!) and labor unions.

Organisational Structure and Project Success: The Mediating Role of Knowledge Sharing

2020 ◽  
Vol 19 (02) ◽  
pp. 2050007
Author(s):  
Muhammad Mustafa Raziq ◽  
Mansoor Ahmad ◽  
Muhammad Zahid Iqbal ◽  
Malik Ikramullah ◽  
Maha David
Keyword(s):  
Knowledge Sharing ◽  
Project Success ◽  
Theory And Practice ◽  
Organisational Structure ◽  
Public And Private ◽  
Public Firms ◽  
The Public ◽  
Mediating Role ◽  
Telecom Service ◽  
The Relationship

This paper looks at the relationship among elements of an organisational structure (i.e. formalisation, centralisation and integration) with project success, and examines whether the relationships are mediated by knowledge sharing. There is limited understanding with regard to how various elements of organisational structure relate to knowledge sharing and project success. Taking a contingency approach and grounding our argument in the resource-based view of the firm, we show that certain elements of organisational structures have positive implications for the project organisation. We draw on survey data from 220 respondents serving in (public and private) project-based telecom service provider firms in Pakistan. Our results show that formalisation and integration are conducive to project success, but centralisation is negatively related to project success. Knowledge sharing mediates the relationship between integration and project success for both the public and private telecom firms, but in case of formalisation, knowledge sharing mediation exists only for the public firms. Based on these results, we draw some implications for theory and practice.

Locality Pay: Balancing Theory and Practice

1991 ◽  
Vol 20 (4) ◽  
pp. 397-408
Author(s):  
Charles Fay ◽  
Howard Risher ◽  
Paul Hempel
Keyword(s):  
Theory And Practice ◽  
University Of Pennsylvania ◽  
State University ◽  
Pennsylvania State University ◽  
Resource Quality ◽  
Public And Private ◽  
The Public ◽  
Wharton School ◽  
Office Of Personnel Management ◽  
Public And Private Sector

At the time this article was written, Howard Risher was a Principal with the Wyatt Company in Philadelphia. He is currently President of Human Resource Quality in Villanova, PA. He has over 20 years of compensation consulting experience in both the public and private sector. He served as the project manager for the pay reform study commissioned by the U.S. Office of Personnel Management. He is currently a member of the National Academy of Public Administration panel that is studying alternatives for reforming the federal classification system. He has a B.A. in Psychology from Pennsylvania State University and an MBA and a Ph.D. from the Wharton School, University of Pennsylvania.

scholarly journals Arguments to Apply Constitutional Guarantees in the Private Sector

Lentera Hukum ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 175
Author(s):  
Md. Toriqul Islam
Keyword(s):  
Human Rights ◽  
International Law ◽  
The United States ◽  
Public And Private ◽  
The Public ◽  
Organic Growth ◽  
The Us ◽  
Library Resources ◽  
Us Constitution ◽  
Points Of View

Constitutional guarantees are such a body of interests or basic human rights which are inevitable for each human being. These rights are principally inherent, inalienable, and universal, and therefore, irrespective of race, sex, caste, color, or religion, everyone can enjoy them. Constitutional guarantees are distinct from all other rights and privileges because of at least two unique characteristics, such as intrinsic in nature, and inalienability. These guarantees are crucial in the state-individual relations, and recognized by major laws of the civilized nations, and often enshrined in the national constitutions. For instance, the US Constitution signifies the essence of these rights through the expression of life, liberty, and the pursuit of happiness. Nonetheless, very often, many citizens across the globe are deprived of these rights on numerous pretends and grounds, and mostly, on the public-private dichotomy. This study examined contemporary legal and philosophical discourses as to whether the constitutional guarantees of human rights apply in the private sectors in Malaysia, India, and the United States. This study used doctrinal legal research methodology with a qualitative approach based on library resources. The findings of this study showed that constitutional guarantees, primarily human rights, are presumed to have been neither created nor made but originated like organic growth. Accordingly, no authority can take them away. By examining various logics from theological to socio-historical points of view and the theory of international law, this study concluded that constitutional guarantees, particularly the equal protection of the law, should apply horizontally to cover both public and private sectors. KEYWORDS: Constitutional Guarantees, Human Rights, Public-Private Sectors.

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.

scholarly journals Políticas e instrumentos normativos. Estrategias ambientales enfocadas hacia un ordenamiento basado en la participación

2014 ◽  
Vol 1 ◽  
pp. 63-70
Author(s):  
Hector Enrique Guzmán Luján
Keyword(s):  
Quality Of Life ◽  
Constitutional Law ◽  
Sustainable Consumption ◽  
Public And Private ◽  
The Public ◽  
Healthy Environment ◽  
Calidad De Vida ◽  
Environmental Matter ◽  
Environmental Strategies

Resumen: Día a día la opinión pública contempla cómo Colombia, país mega diverso y dotado de gran riqueza en biodiversidad, va disminuyendo cualitativa y cuantitativamente sus recursos, afectando no solamente la calidad de vida en nuestras principales ciudades, sino la posibilidad de utilizar esa riqueza racionalmente como motor de desarrollo. Este artículo plantea como objetivo, una reflexión sobre la necesidad y pertinencia de replantear las estrategias ambientales utilizadas en la actualidad, y pregunta si realmente éstas impiden el paulatino deterioro de los recursos naturales, y si efectivamente garantizan el derecho constitucional del artículo 79, denominado derecho a gozar de un medio ambiente sano. A nivel metodológico, este trabajo surge de una revisión documental, y plantea como discusión la reflexión sobre estrategias ambientales en el ámbito nacional e internacional para afrontar la problemática ambiental en el sector productivo. Como conclusión destaca que en Colombia, a pesar de contar con múltiples instrumentos coercitivos en materia ambiental, éstas no se constituyen en una solución de fondo a las problemáticas que atacan, es necesaria una política en la materia, que pueda crear herramientas de mercado, acuerdos de autogestión y así fortalecer las relaciones entre lo público y privado. ___Palabras clave: Estrategias Ambientales, Biodiversidad, Producción y Consumo Sostenible. ___Abstract: Day after day the public opinion contemplates how Colombia, diverse country and gifted of great wealth in biodiversity, is diminishing qualitatively and quantitatively his resources, affecting not only the quality of life in our principal cities, but the possibility of using this wealth rationally as engine of development. This article raises as aim, a reflection on the need and relevancy of restating the environmental strategies used at present and asks, if really these prevent the gradual deterioration of the natural resources, and if really they guarantee the constitutional law of the article 79, named right to enjoy a healthy environment. To methodological level, this work arises from a documentary review, and raises as discussion the reflection on environmental strategies in the national and international area to confront the environmental problematics in the productive sector. As conclusion emphasizes that in Colombia, in spite of possessing multiple coercive instruments in environmental matter, these are not constituted in a solution of bottom to the problematic ones that they attack, a politics is necessary in the matter, which could create tools of market, agreements of automanagement and this way strengthen the relations between the public and private thing. ___Keywords: Environmental strategies, biodiversity, production and sustainable consumption. ___Recibido febrero 28 de 2014 / Aceptado abril 29 de 2014

Berlin as a Terrain of Cultural Policy: Outline of a Struggle

2015 ◽  
Vol 33 (1) ◽  
pp. 146-158
Author(s):  
Wilfried van der Will
Keyword(s):  
Cultural Policy ◽  
Public Discourse ◽  
Public And Private ◽  
Supreme Courts ◽  
Capital Cities ◽  
Metropolitan Regions ◽  
The Public ◽  
Social Divisions ◽  
The Media ◽  
Creative Talent

After considering the functions of capital cities this article argues that culture both as creative activity and as living heritage of customs and architectural assemblies plays a central role in the self-perception of present-day Berlin. The agents—public and private—that interact in the conception and execution of decisive initiatives in the remake of the city form an extensive cultural policy establishment. They derive their legitimation from regional and federal constitutions and from their command of attention in the public discourse. Berlin's claimed status as the most obvious German metropolis is not self-evident. Within the nation it is neither the center of finance, nor the media, nor the supreme courts. In Germany there are other towns and metropolitan regions with a similarly rich infrastructure that can compete at least nationally. But Berlin, building on Enlightenment traditions, is making a plausible effort in regaining its cosmopolitanism. Despite a host of problems, it is now surpassing the ethnic and cultural diversity that was lost in the years of Nazi dictatorship. Can it maintain its attraction for creative talent, both cultural and technological, in view of accelerating social divisions and gentrification?

Evaluation of Information System Investments: A Value Dials approach to closing the theory-practice gap

2015 ◽  
Vol 30 (3) ◽  
pp. 276-292 ◽  
Author(s):  
Jane Elisabeth Frisk ◽  
Frank Bannister ◽  
Rikard Lindgren
Keyword(s):  
Theory And Practice ◽  
Action Research Project ◽  
Public And Private ◽  
The Public ◽  
Evaluation Approach ◽  
Theoretical Approaches ◽  
A Value ◽  
Ex Ante ◽  
Practice Gap ◽  
Theory Practice Gap

Failed or partially failed information systems (IS) investments continue to be a problem in both public and private sectors. Although there are many causes of such failure, lack of clarity about the goals and benefits expected and how they are to be realized is one of the major contributors. This is particularly so in the public sector where the purpose of IS investment is not to increase profits, but to accomplish social and political goals. One way of reducing failure and wastage rates is to have ex-ante evaluation. Over the past three decades IS research has proposed a plethora of new theoretical approaches to improving ex-ante evaluation, but with a few exceptions, these have had little impact on practice. This paper presents a way to address this gap between theory and practice. It proposes a way in which managers can improve IS investment evaluation by changing perspective from a focus on traditional analytic tools towards a design attitude that seeks to develop multi-criteria IS evaluation approach based on contextual experience and prior knowledge. The proposed approach enables organizations to design and develop a value case using value dials as a common language that defines what constitutes the value of particular IS investments for a specific context. To assess its effectiveness, this approach was applied using a multilevel dialogical action research project within a Swedish public organization. The findings show that managers in this organization significantly improved the effectiveness of their evaluation of IS investments.

Zasada jawności a uzasadnienie orzeczenia Trybunału Konstytucyjnego

2014 ◽  
pp. 87-97
Author(s):  
Aleksandra Syryt
Keyword(s):  
Constitutional Law ◽  
Fair Trial ◽  
Public Debate ◽  
Public Hearing ◽  
The Public ◽  
Democratic State ◽  
Constitutional Tribunal ◽  
Fair Procedure ◽  
Arbitrary Action

The Constitutional Tribunal is called a “court of law”. The proceedings before that body of law must meet the requirements of a fair procedure. Guarantee of a fair trial is its openness and transparency. Openness and transparency is implemented for example by public hearing or through the publication of decisions of this body in the appropriate set of official. The principle of openness is implemented by justify rulings of Constitutional Tribunal which contain specific reasons of taking the decision. Justification of a ruling protects against arbitrary action of the Constitutional Tribunal. A justification of a ruling is an admissible voice of Constitutional Tribunal in the public debate. Openness and transparency implemented by justification of decisions of the Constitutional Tribunal allows to build the authority of that body in the country. Matters which are in the judgments can be informative and educational. Way of describing the issues in the justifications of rulings can also trendsetting understanding of certain bodies of constitutional law in a democratic state ruled by law.

Personal social media usage and its impact on administrative accountability: An exploration of theory and practice

2012 ◽  
Vol 15 (4) ◽  
pp. 469-495 ◽  
Author(s):  
Karabi C. Bezboruah ◽  
Martinella M. Dryburgh
Keyword(s):  
Social Media ◽  
Qualitative Methodology ◽  
Theory And Practice ◽  
Internet Survey ◽  
Employee Behavior ◽  
Government Employees ◽  
Public And Private ◽  
The Public ◽  
Media Usage ◽  
Private Lives

In the internet era, the boundaries between public and private lives of government employees are often blurred, resulting in enhanced concerns about administrative accountability and effectiveness. By adopting a multi-step qualitative methodology involving internet survey and analysis of illustrative examples, this research explores and examines how social media policies could assist in keeping the public and private lives of civil servants distinct. We find that very few public sector agencies have adopted social media policies in an attempt to regulate employee behavior. We conclude that social media sites, both private and official, could be an effective administrative tool if harnessed properly. We offer certain recommendations and strategies based on our findings that could assist in accomplishing the principles of ethical administration.

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