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The Judge in a Democracy

The Judge in a Democracy
Author: Aharon Barak
Publisher: Princeton University Press
Total Pages: 355
Release: 2009-01-10
Genre: Law
ISBN: 1400827043

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Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.


Bridging the Social Gap

Bridging the Social Gap
Author: Sukhadeo Thorat
Publisher: SAGE Publications Pvt. Limited
Total Pages: 0
Release: 2019-01-17
Genre: Social Science
ISBN: 9788132113119

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Bridging the Social Gap: Perspectives on Dalit Empowerment addresses four interrelated issues. It conceptualises exclusion-linked deprivation of excluded and indigenous groups in Indian society and elaborates the concept and meaning of social exclusion in general, and of caste-, untouchability- and ethnicity-based exclusion in particular. It then presents the status of disadvantaged groups of Dalit and Adivasi and captures inter-social group inequalities in the attainment of human development. It then goes on to analyse factors associated with high deprivation of these disadvantaged groups in terms of low access to resources, employment, education and social needs. Finally, it highlights the role of caste discrimination in economic, civil and political spheres in the persistence of group inequalities. All these issues have been explained using simple language; relevant and recent data; case studies; news highlights related to civil, social, economic and political rights violation for easy and better understanding of readers.


Freedom of Information

Freedom of Information
Author: Carmen Said Geha
Publisher:
Total Pages: 310
Release: 2008
Genre:
ISBN:

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Freedom of Information entails the right of citizens to request and receive gove rnment-held documents. It constitutes a major pillar of democratic governance an d allows for effective citizen engagement in public policy. A free flow of infor mation on government performance enhances participation and opens the door for c ivil society to engage itself in public policy. This thesis shows that the right to information has explicit bases in international human rights law. Although m ore must be done by the international community to assert this law, it has gaine d momentum in recent decades. Today over 65 countries have adopted laws allowing access to government records. The main problem this thesis tackles is the absen ce of Freedom of Information in Lebanon creating a gap between citizens and thei r public officials. This constitutes a major hindrance to democratic development and good governance. The absence of such law means that the Lebanese government is under no legal obligation to archive and disseminate critical information ab out its performance. This does not allow for active informed participation in pu blic policy. To tackle the problem of the absence of Freedom of Information in Lebanon, the thesis first shows that there are no legal or constitutional barriers for enacti ng this law in Lebanon. In addition it proposes specific recommendations in the form of an action plan that aims to enact and implement a Freedom of Information law. The recommendations stress the role of civil society in advocating for and constantly monitoring the practice of Freedom of Information. Freedom of Inform ation is not the cure of all evils but it is an important step in enhancing tran sparency and encouraging citizen engagement in public life. In the final analysi s, information sharing is a form of power sharing between government and its cit izens. It is only with enhanced participation based on factual information that the gap between Lebanese citizens and their state can be bridged.


Allies or Adversaries

Allies or Adversaries
Author: Jennifer N. Brass
Publisher: Cambridge University Press
Total Pages: 293
Release: 2016-08-18
Genre: Political Science
ISBN: 1316721051

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Governments throughout the developing world have witnessed a proliferation of non-governmental, non-profit organizations (NGOs) providing services like education, healthcare and piped drinking water in their territory. In Allies or Adversaries, Jennifer N. Brass explains how these NGOs have changed the nature of service provision, governance, and state development in the early twenty-first century. Analyzing original surveys alongside interviews with public officials, NGOs and citizens, Brass traces street-level government-NGO and state-society relations in rural, town and city settings of Kenya. She examines several case studies of NGOs within Africa in order to demonstrate how the boundary between purely state and non-state actors blurs, resulting in a very slow turn toward more accountable and democratic public service administration. Ideal for scholars, international development practitioners, and students interested in global or international affairs, this detailed analysis provides rich data about NGO-government and citizen-state interactions in an accessible and original manner.


Adviser, Teacher, Role Model, Friend

Adviser, Teacher, Role Model, Friend
Author: National Academy of Engineering
Publisher: National Academies Press
Total Pages: 97
Release: 1997-08-30
Genre: Education
ISBN: 0309063639

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This guide offers helpful advice on how teachers, administrators, and career advisers in science and engineering can become better mentors to their students. It starts with the premise that a successful mentor guides students in a variety of ways: by helping them get the most from their educational experience, by introducing them to and making them comfortable with a specific disciplinary culture, and by offering assistance with the search for suitable employment. Other topics covered in the guide include career planning, time management, writing development, and responsible scientific conduct. Also included is a valuable list of bibliographical and Internet resources on mentoring and related topics.


The First Political Order

The First Political Order
Author: Valerie M. Hudson
Publisher: Columbia University Press
Total Pages: 657
Release: 2020-03-17
Genre: Political Science
ISBN: 0231550936

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Global history records an astonishing variety of forms of social organization. Yet almost universally, males subordinate females. How does the relationship between men and women shape the wider political order? The First Political Order is a groundbreaking demonstration that the persistent and systematic subordination of women underlies all other institutions, with wide-ranging implications for global security and development. Incorporating research findings spanning a variety of social science disciplines and comprehensive empirical data detailing the status of women around the globe, the book shows that female subordination functions almost as a curse upon nations. A society’s choice to subjugate women has significant negative consequences: worse governance, worse conflict, worse stability, worse economic performance, worse food security, worse health, worse demographic problems, worse environmental protection, and worse social progress. Yet despite the pervasive power of social and political structures that subordinate women, history—and the data—reveal possibilities for progress. The First Political Order shows that when steps are taken to reduce the hold of inequitable laws, customs, and practices, outcomes for all improve. It offers a new paradigm for understanding insecurity, instability, autocracy, and violence, explaining what the international community can do now to promote more equitable relations between men and women and, thereby, security and peace. With comprehensive empirical evidence of the wide-ranging harm of subjugating women, it is an important book for security scholars, social scientists, policy makers, historians, and advocates for women worldwide.


Bridging the State-Society Gap

Bridging the State-Society Gap
Author: Tom Seta
Publisher: Asian Development Bank
Total Pages: 52
Release: 2008-12-01
Genre: Business & Economics
ISBN: 9292572059

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The Community Justice Liaison Unit was established under Papua New Guinea's (PNG) law and justice sector program, with the support of the Australian government, to enhance the capacity of PNG's civil society and facilitate its involvement in policy development and delivery of services in the justice sector. The case study highlights those efforts in a context characterized by broad-based ownership of sector reforms and shared interests among civil society and government actors. In addition, it underscores the role external actors can play in supporting traditional institutions---such as PNG approaches to mediation and restorative justice---while encouraging links between the formal and informal aspects of the justice system.