scholarly journals The Lockean Constitution: Separation of Powers and the Limits of Prerogative

2011 ◽  
Vol 56 (3) ◽  
pp. 543-589 ◽  
Author(s):  
David Jenkins
Keyword(s):  
Decision Making ◽  
Public Good ◽  
Separation Of Powers ◽  
Executive Branch ◽  
Decision Makers ◽  
Executive Power ◽  
Constitutional Theory ◽  
Modified Model ◽  
The Public ◽  
Per Se

In the post-9/11 era, many legal scholars have advanced theories of constitutional law that make allowance for unreviewable discretionary decision making by the executive branch, particularly in the context of the “war on terror”. Drawing on Lockean constitutional theory for normative support, the author develops an alternative constitutional model that addresses the problem of discretionary executive power. Locke’s constitution divides political power between the executive and the legislature, with the latter checking and balancing the former. Both the executive and the legislature have a fiduciary trust to act for the public good. Locke closely links the public good and the constitution such that any breach of the constitution is per se a breach of the public good. Therefore, unreviewable decision making by the executive always violates its trust because it is a breach of the constitution. After setting out Locke’s theory of separation of powers, the author presents a modified model that makes the judiciary, in addition to the legislature, responsible for the accountability of executive decision makers. Although the executive retains its prerogative power, it must always remain accountable to the legislature and the courts, even in emergencies.

Introduction

2021 ◽  
pp. 1-4
Author(s):  
Margit Cohn
Keyword(s):  
Public Sphere ◽  
Separation Of Powers ◽  
Executive Branch ◽  
Public Law ◽  
Executive Power ◽  
The Public ◽  
Short Overview ◽  
Executive Action ◽  
The Public Sphere ◽  
Made In

The introduction to the book offers a short overview of the contents of the book. This book is a treatise on the executive branch, which addresses, theoretically and comparatively, the nature of the executive as a body that is the dominant player in the public and political sphere but is also required, under the separation of powers principle, to be subservient to the law made by legislature according to the constitution of a polity. Three arguments are made in the book. First, to grasp the nature of executive power, one should reject hierarchic accounts of the public sphere: searches for the wielder of the final word should be replaced by a model which rests on networks and inter-branch tensions. Secondly, under this ‘internal tension’ vision of constitutionalism, the executive branch is to be considered as concurrently subservient to law and dominant over it. Finally, much of public law is shaped in ways that enable this seeming contradiction. The thirteen forms of ‘fuzzy’ law presented in the book, generated by constitutions, legislators, and executives, enable the executive to act relatively unfettered without losing the legitimacy arising from the existence of formal law, which, in effect, sets limited constraints on executive action. Ranging from open-ended or semi-written constitutions to unapplied legislation, these forms of legality span both constitutional and administrative aspects of public law. The introduction briefly discusses the structure of the book, which is divided into four parts.

Framing Information Technology Governance in the Public Sector: Opportunities and Challenges

2015 ◽  
Vol 11 (4) ◽  
pp. 89-101 ◽  
Author(s):  
Khalifa Al-Farsi ◽  
Ramzi EL Haddadeh
Keyword(s):  
Decision Making ◽  
Information Technology ◽  
Public Sector ◽  
It Governance ◽  
Decision Makers ◽  
The Public ◽  
Technology Governance ◽  
Support Organizations ◽  
Information Technology Governance ◽  
Decision Making Processes

Information technology governance is considered one of the innovative practices that can provide support for decision-makers. Interestingly, it has become increasingly a de facto for organizations in seeking to optimise their performance. In principle, information technology governance has emerged to support organizations in the integration of information technology (IT) infrastructures and the delivery of high-quality services. On the other hand, decision-making processes in public sector organisations can be multi-faceted and complex, and decision makers play an important role in implementing technology in the public sector. The aim of this paper is to shed some light on current opportunities and challenges that IT governance is experiencing in the context of public sector services. In this respect, this paper examines the factors influencing the decision-making process to fully appreciate IT governance. Furthermore, this study focuses on combining institutional and individual perspectives to explain how individuals can take decisions in response to institutional influences.

Eisenhower’s executive privilege and the public interest

2019 ◽  
pp. 54-84
Author(s):  
Kevin M. Baron
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
Executive Branch ◽  
Executive Power ◽  
Freedom Of Information ◽  
Government Information ◽  
Executive Orders ◽  
White House ◽  
The Public ◽  
The Creation

This chapter delves into the depths of one of the most important developments within modern American politics, the creation and institutionalization of executive privilege. In facing a fervent Congress in the grips of McCarthyism, Eisenhower issued a letter denying testimony to the Senate for the Army-McCarthy hearings. His letter included a memo from Attorney General Brownell that claimed the president had an inherent constitutional privilege to deny information to Congress or the public if it was in the public interest and for national security. This action institutionalized the Cold War Paradigm in the executive branch and created an extra-constitutional power for the president. Eisenhower issued several executive orders concerning classification and public dissemination of government information, along with the creation of the Office of Strategic Information (OSI) within the Commerce Department to oversee these policies. Eisenhower claimed historic precedent to justify his inherent constitutional power, regardless, it showed a learned response that changed executive power. Congress would respond in 1955 by creating the Special Subcommittee on Government Information chaired by Rep. John Moss, given jurisdiction for oversight on all executive branch information policies and practices. With the issue of freedom of information institutionalized in Congress, a 12-year legislative power struggle would unfold between Congress and the White House ending with the passage of the Freedom of Information Act in 1966.

13. The nature of judicial review

2020 ◽  
pp. 277-308
Author(s):  
Neil Parpworth
Keyword(s):  
Decision Making ◽  
Judicial Review ◽  
Public Law ◽  
Executive Power ◽  
Decision Making Process ◽  
Private Law ◽  
The Public ◽  
Procedural Reform ◽  
Actual Decision ◽  
Public Bodies

Judicial review is a procedure whereby the courts determine the lawfulness of the exercise of executive power. It is concerned with the legality of the decision-making process as opposed to the merits of the actual decision. Thus it is supervisory rather than appellate. Emphasis is also placed on the fact that the jurisdiction exists to control the exercise of power by public bodies. This chapter discusses the supervisory jurisdiction of the courts, procedural reform, the rule in O’Reilly v Mackman, the public law/private law distinction, collateral challenge, and exclusion of judicial review. The procedure for making a claim for judicial review under the Civil Procedural Rules (CPR) 54 is outlined.

Emergency water supply decision-making of transboundary river basin considering government–public perceived satisfaction

2021 ◽  
Vol 40 (1) ◽  
pp. 381-401
Author(s):  
Weiwei Wang ◽  
Haiwei Zhou ◽  
Lidan Guo
Keyword(s):  
Decision Making ◽  
Water Resources ◽  
Water Supply ◽  
River Basin ◽  
Decision Makers ◽  
Transboundary Water ◽  
The Public ◽  
Transboundary Water Resources ◽  
Perceived Satisfaction ◽  
Emergency Water Supply

The emergency supply of transboundary water resources is a prominent problem affecting the social and economic development of basin countries. However, current water supply decisions on transboundary water resources may ignore the psychological perception of multi-stakeholders, and the evolution of emergencies increases the uncertainty of decision making. Both factors would lead to the low acceptance of water-related decisions. Utility satisfaction, perceived losses, and quantity satisfaction were selected in this paper to identify the perceived satisfaction of upstream governments, downstream governments, and the public, respectively, over multiple decision-making stages. A modeling framework combining prospect theory and the multi-stage multi-objective programming methodology was then developed to measure the perceived satisfaction of different stakeholders in a watershed under emergency. A two-stage NSGA-II and TOPSIS based approach was adopted to find the optimal compromise solution to solve the model. The framework was applied in the Lancang–Mekong River basin to provide suggestions to decision makers. Upstream decision makers must choose a moderate proportional fairness degree when making emergency decisions to maximize the perceived satisfaction of all stakeholders. Meanwhile, the perceived loss of downstream countries with low water demand should be considered first in the formulation of emergency water supply plans. Furthermore, although water supply from upstream countries can improve perceived water quantity satisfaction of downstream publics, additional actions must still be taken to change the traditional concepts of the public.

Health Impacts of Large-Scale Floods: Governmental Decision-Making and Resilience of the Citizens

2008 ◽  
Vol 23 (S2) ◽  
pp. s70-s73 ◽  
Author(s):  
Dick Q.P. Fundter ◽  
Bas Jonkman ◽  
Steve Beerman ◽  
Corsmas L.P.M. Goemans ◽  
Rosanna Briggs ◽  
...  
Keyword(s):  
Decision Making ◽  
Large Scale ◽  
Health Impact ◽  
Population Based ◽  
Chronic Illnesses ◽  
Decision Makers ◽  
Natural Resistance ◽  
First Year ◽  
The Public ◽  
Life Saving

AbstractDuring the 15th World Congress on Disaster and Emergency Medicine in Amsterdam, May 2007 (15WCDEM), a targeted agenda program (TAP) about the public health aspects of large-scale floods was organized. The main goal of the TAP was the establishment of an overview of issues that would help governmental decision-makers to develop policies to increase the resilience of the citizens during floods. During the meetings, it became clear that citizens have a natural resistance to evacuations. This results in death due to drowning and injuries. Recently, communication and education programs have been developed that may increase awareness that timely evacuation is important and can be life-saving. After a flood, health problems persist over prolonged periods, including increased death rates during the first year after a flood and a higher incidence of chronic illnesses that last for decades after the flood recedes. Population-based resilience (bottom-up) and governmental responsibility (top-down) must be combined to prepare regions for the health impact of evacuations and floods. More research data are needed to become better informed about the health impact and consequences of translocation of health infrastructures after evacuations. A better understanding of the consequences of floods will support governmental decision-making to mitigate the health impact. A top-10 priority action list was formulated.

Looping effects of neurolaw, and the precarious marriage between neuroscience and the law

2018 ◽  
Vol 10 (1) ◽  
pp. 17-26 ◽  
Author(s):  
Toma Strle ◽  
Olga Markič ◽  
Keyword(s):  
Decision Making ◽  
Free Will ◽  
Human Nature ◽  
Human Mind ◽  
Decision Makers ◽  
Self Control ◽  
Legal Decision ◽  
The Public ◽  
The Law ◽  
Legal Contexts

In the following article we first present the growing trend of incorporating neuroscience into the law, and the growing acceptance of and trust in neuroscience’s mechanistic and reductionistic explanations of the human mind. We then present and discuss some studies that show how nudging peoples’ beliefs about matters related to human agency (such as free will, decision-making, or self-control) towards a more deterministic, mechanistic and/or reductionistic conception, exerts an influence on their very actions, mentality, and brain processes. We suggest that the neuroscientific view of the human mind exerts an influence on the very cognitive phenomena neuroscience falsely believes to be studying objectively. This holds especially when we consider the systematic integration of neuroscience into the public domain, such as the law. For, such an integration acts as a reinforcement of the public’s and legal decision-makers’ endorsement of and trust in neuroscience’s view of human nature that further changes how people think and act. Such looping effects of neurolaw are probably inevitable. Accordingly, we should be aware of the scope of neuroscientific explanations and be careful not to overstate neuroscientific evidence and findings in legal contexts.

DEMOCRACY AND THE ENVIRONMENT IN RUSSIA

2009 ◽  
Vol 11 (02) ◽  
pp. 161-173 ◽  
Author(s):  
NICOLE KOVALEV ◽  
JOHANN KÖPPEL ◽  
ALEXANDER DROZDOV ◽  
ECKHARDT DITTRICH
Keyword(s):  
Decision Making ◽  
Civil Society ◽  
Case Studies ◽  
Decision Makers ◽  
Democratic Deficit ◽  
Approval Process ◽  
The Public ◽  
Environmental Decision Making ◽  
Decision Making Processes ◽  
The Russian Federation

Since 1988, the Russian Federation has required that laws, plans, programs and all kind of projects undergo an environmental assessment. A mandatory component of the EIA in Russia is public participation. In this paper different case studies are used to find out to what extent public could influence environmental decision making processes from the early eighties until 2002. The cases selected include several where the public was passive or where it had limited activities, but also some where the participation was strong and projects were improved or stopped. As far as these case studies highlighted, the civil society in Russia can be described as an organized and sometimes strong factor in the approval process. The behaviour displayed by decision-makers, however, revealed at times a remarkable democratic deficit.

scholarly journals Perancangan Sistem Kepuasan Masyarakat Terhadap Pelayanan Publik Dengan Metode Analytical Hierarchy Process (AHP)

2018 ◽  
Vol 3 (1) ◽  
pp. 17-35
Author(s):  
Petrus Sokibi ◽  
Nurul Bahiyah
Keyword(s):  
Decision Making ◽  
Public Service ◽  
Analytical Hierarchy Process ◽  
Public Services ◽  
Decision Makers ◽  
Multi Criteria Decision Making ◽  
Satisfaction Level ◽  
The Public ◽  
Hierarchy Process ◽  
Government Institution

Talun sub-district is a government institution that provides public services to the public, which at this time there is no assessment of service satisfaction from the community so that the District Talun cannot know the assessment or complaints from the public to public services provided. The research aims to determine the level of public satisfaction of Public Service in Talun Sub-district. AHP is a complex multi-criteria decision-making method, in an unstructured situation into sections that are then shaped into functional hierarchies to present problems to be solved and then build a priority sequence for alternatives by pairwise alternative comparisons based on judgments of decision makers against a system. The appraisal application yields the value of the public satisfaction level and the eigenvector ranked according to the highest data as the final value of the AHP calculation so that the eigenvector value obtained can facilitate the Camat to see which elements of service are not good.

scholarly journals THE STATE OF THE NATION: A 50-STATE COVID-19 SURVEY REPORT #5: APPROVAL OF EXECUTIVE PERFORMANCE DURING COVID-19

2020 ◽  
Author(s):  
David Lazer ◽  
Katherine Ognyanova ◽  
Alexi Quintana ◽  
Matthew Baum ◽  
John D. Volpe ◽  
...  
Keyword(s):  
State Level ◽  
Initial Response ◽  
The United States ◽  
Executive Branch ◽  
Decision Makers ◽  
The Public ◽  
Gender And Education ◽  
Survey Report ◽  
Race Ethnicity ◽  
And Gender

The initial response to a crisis typically depends on the executive branch of government, because they may act more rapidly than legislative and judicial branches. For COVID-19 in particular, the focal decision-makers have been the president and the governors of the 50 states. In the eyes of the public, how have the president and governors responded?We surveyed 22,501 individuals across all 50 states plus the District of Columbia. The survey was conducted on 12-28 June 2020 by PureSpectrum via an online, nonprobability sample, with state-level representative quotas for race/ethnicity, age, and gender (for methodological details on the other waves, see covidstates.org). In addition to balancing on these dimensions, we reweighted our data using demographic characteristics to match the U.S. population with respect to race/ethnicity, age, gender, and education. This was the fifth in a series of surveys we have been conducting since April 2020, examining attitudes and behaviors regarding COVID-19 in the United States.

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