Raportul dintre libertate și interdicție în cazul magistraților

We are going to analyse three solutions which were adopted by a committee of the Superior Judicial Council (CSM) on the 23rd of November 2021, regarding the incompatibilities and restrictions applicable to magistrates (judges and prosecutors). All three solutions raise the common issues of the (lack of) competence of the Superior Judicial Council to interpret the law outside disciplinary procedures, as well as the manner in which the balance between freedom and restrictions was assessed. Even though the restrictions for magistrates are numerous, freedom is still the general rule and has to be preserved as such. Any incompatibilities and restrictions must be stated in an explicit and limitative manner by the law, and their interpretation must be a restrictive one.

Cross-sectional exploration of the impact of the Dr Bawa-Garba case on doctors’ professional behaviours and attitudes towards the regulator

ObjectiveThis paper examines the impact on doctors’ attitudes towards the General Medical Council (GMC) and on professional behaviours (reflective practice and raising concerns) following the Dr Bawa-Garba case.DesignA cross-sectional survey designed using the theoretical lens of the theory of planned behaviour (TPB) was administered from September 2017 to February 2019. By chance, this coincided with critical events in the Dr Bawa-Garba case.SettingPrimary and secondary care settings across a broad geographical spread in England.Participants474 doctors.Outcome measuresAttitudes towards the GMC and two professional behaviours in TPB dimensions.ResultsAttitudes towards the GMC became more negative during the period that the Medical Practitioners Tribunal Service and GMC suspended and subsequently erased Dr Bawa-Garba from the medical register. Specifically, confidence that doctors are well regulated by the GMC and that the GMC’s disciplinary procedures produce fair outcomes was rated more negatively. After this period, overall attitudes start to recover and soon returned close to baseline; however, confidence in how the GMC regulates doctors and their disciplinary procedures improved but still remained below baseline. There was no change in doctors’ attitudes or intention to reflect or raise concerns.ConclusionsThe lack of change in doctors’ attitudes towards the GMC’s guidance, the approachability of the regulator, defensive practice and professional behaviours as a response to the Dr Bawa-Garba case demonstrates the resilient and indelible nature of medical professionalism. At the time, professional bodies reported that repairing doctors’ trust and confidence would take time and a significant effort to restore. However, this study suggests that attitudes are more fluid. Despite the high-profile nature of this case and concerns articulated by medical bodies regarding its impact on trust, the actual decline in doctors’ overall attitudes towards the GMC was relatively short lived and had no measurable impact on professionalism.

Reassessing the Wider Aspects of Newton’s Thought – A Symposium

After a brief introduction, this “symposium” presents four essay reviews of three recent major studies of Newton’s life and works beyond the mathematics, physics and natural philosophy for which he is principally known: Jed Buchwald’s and Mordechai Feingold’s Newton and the Origin of Civilization (2013), Rob Iliffe’s Priest of Nature: The Religious Worlds of Isaac Newton (2017), and William R. Newman’s Newton the Alchemist (2019); and they address Newton’s work on history, chronology, theology and alchemy. The four reviewers are leading Newton scholars in their own right, and assess how these three studies advance our understanding of Newton the “scientist”, as well as Newton the man in his times. Niccolò Guicciardini considers their relevance to our understanding of Newton’s mathematics; Scott Mandelbrote assesses how they advance our understanding of Newton’s local and historical context; Steffen Ducheyne focuses on what we can learn about Newton’s methodological concerns and working practices; while Stephen Snobelen considers how these studies can help us understand the place of religion in Newton’s life and work. We conclude with responses from each of the reviewed authors: Feingold (representing also his co-author Jed Buchwald), Iliffe, and Newman. New insights into key questions are afforded throughout. Should Newton’s work in these different areas be considered continuous with his more “scientific” works, or compartmentalized according to his rigorous disciplinary procedures?

Ontario Safe Schools Act And Its Effects On Racialized Immigrant Youth: 'School To Prison Pipelone'

It is recognized that racialized youth are significantly over-represented in the Canadian Criminal Justice System relative to their population percentages. Research also determined that similar disproportion exists with respect to school discipline. Similar to US research, a number of Canadian studies found that racialized youth are being disproportionately affected by zero-tolerance school disciplinary policies, such as the Ontario Safe Schools Act. Such research also hypothesized about a "school-to-prison pipeline" for minority youth. This MRP explores the link between immigration, policing, and school disciplinary policies in Ontario, Canada. In particular, the MRP investigates the racialization of school disciplinary procedures that largely affect immigrant youth, and the criminalization of certain behaviors that may lead visible minority youth, including immigrant youth, to having disproportionate police contact. The findings suggest that there is a relation between racial disproportion of school suspensions and expulsions and the racial disproportion in the likelihood of youth- police contact.

Ontario Safe Schools Act And Its Effects On Racialized Immigrant Youth: 'School To Prison Pipelone'

It is recognized that racialized youth are significantly over-represented in the Canadian Criminal Justice System relative to their population percentages. Research also determined that similar disproportion exists with respect to school discipline. Similar to US research, a number of Canadian studies found that racialized youth are being disproportionately affected by zero-tolerance school disciplinary policies, such as the Ontario Safe Schools Act. Such research also hypothesized about a "school-to-prison pipeline" for minority youth. This MRP explores the link between immigration, policing, and school disciplinary policies in Ontario, Canada. In particular, the MRP investigates the racialization of school disciplinary procedures that largely affect immigrant youth, and the criminalization of certain behaviors that may lead visible minority youth, including immigrant youth, to having disproportionate police contact. The findings suggest that there is a relation between racial disproportion of school suspensions and expulsions and the racial disproportion in the likelihood of youth- police contact.

Disciplinary Procedures, Employee Punctuality and Employee Performance at Ndola City Council (Zambia)

The purpose of the research was to assess the effect of disciplinary procedures on employee punctuality and performance at Ndola City Council. The research questions were: What is the relationship between disciplinary procedures, employee punctuality and performance? How have the institution’s disciplinary procedures influenced employees on their punctuality? In what ways have the institution’s disciplinary procedures influence employees’ performance? Four hypotheses, i.e., disciplinary procedures positively affect employee performance; disciplinary procedures positively affect employee punctuality; employee punctuality positively affects employee performance; disciplinary procedures and employee performance was moderated by employee punctuality were tested. The hypothesis, disciplinary procedures positively affect employee performance was supported. It was concluded that factors including organizational culture, public institutional entity, and delayed payment of employees’ motivational remunerations could possibly affect employee performance, hence punctuality not being a moderator. The main recommendation was that management should review issues related to organizational culture in relation to punctuality to improve performance.

Codes of ethics in psychiatry

Codes of ethics in psychiatry, as well as medical codes more generally, have continually evolved since the Oath of Hippocrates, and remain important in contemporary psychiatry practice. However not until the 1970s were unique ethical challenges facing psychiatrists specially addressed. Codes of ethics in psychiatry take many forms but, in general, responsible care of patients and professional integrity constitute their core. Additionally, they variously cover the human rights of patients and duties to society. Codes can be international or institutionally specific, with international declarations expected to be universally relevant. Adherence is recognized as a vital component of self-regulation, with codes giving support to disciplinary procedures. Using a range of codes and covenants as illustrative, in particular the code of ethics of the Royal Australian and New Zealand College of Psychiatrists (RANZCP), the role of codes in promoting high standards of ethical practice, professionalism, and education in psychiatry is explored.

Procedural unfairness occasioned by unreasonable delay in finalising a disciplinary inquiry: Stokwe v Member of the Executive Council: Department of Education, Eastern Cape [2018] ZACC 3

“Justice delayed is justice denied” is a legal maxim which denotes that if legal redress is available to a party that has suffered, or is suffering an injustice but is not dispensed timeously, it has the same effect as having no redress at all (see Steenkamp J sentiments in Road Accident Fund v Commission for Conciliation, Mediation and Arbitration [2016] ZALCJHB 139 par 5; see also the definition at Definitions and Translations https://www.definitions.net/definition/justice+delayed+is+justice+denied (accessed 2019-09-12)). In this context, the maxim is used to emphasise that delays in finalising employment disciplinary processes may amount to a denial of justice. Research shows that unreasonable delays in finalising disciplinary cases affect the health and can even cause excruciating distress on the employees concerned (Van der Bank, Engelbrecht and Strumpher “Perceived Fairness of Disciplinary Procedures in the Public Service Sector: An Exploratory Study: Empirical Research” 2008 6(2) SA Journal of Human Resource Management 8).