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In: The round table: the Commonwealth journal of international affairs, p. 37-50
ISSN: 0035-8533
Examines the growing opposition to independence, in spite of continuing discussion of issues of cultural identity and equality; results of the 1995 referendum. With some reference to Anguilla, the British Virgin Islands, the Cayman Islands, Montserrat, and the Turks and Caicos Islands.
In: The round table: the Commonwealth journal of international affairs, Issue 341, p. 37-50
ISSN: 0035-8533
World Affairs Online
In: The round table: the Commonwealth journal of international affairs, Volume 86, Issue 341, p. 37-50
ISSN: 1474-029X
In Spain, on May 15, 2011, a movement against austerity measures began. In a time when representative democracies were under threat, 15M came to life as a virtuous and democratic response to the slide into far-right populism and authoritarianism. More than a social movement, 15M became a mode of being with transformative, democratizing potential. In Democracy Here and Now, Pablo Ouziel offers a grounded analysis of 15M. At the time of the movement and during the ensuing encampments, Ouziel travelled extensively, speaking to participants, and keeping an ongoing record of his conversations. Presenting an original participatory mode of research, the book reveals six types of intersubjective, "joining hands" relationships that 15M has brought into being and works to carry on in creative ways. The book shows how the movement's way of being and temporality persists in Spain following the square occupations, while 15M citizens continue to learn and move forward in less perceptible ways. Democracy Here and Now sheds light on a deeply relational, intersectional, and eco-social mode of democracy, and shows how 15M's ongoing democratization practices are exemplary of similar grassroots movements around the world, broadening our understandings of what it means to be democratic in the here and now
In: International Journal of Cuban Studies, Volume 3, Issue 1, p. 32-42
Anti-intellectualism is widely seen as a feature within the modern mass media but it is also widely accepted that much debate about ideas occurs through the mass media and that, for example, the mass media has been the prime vehicle for public intellectuals. In this paper, we examine this paradox and will argue that there is a strong case that journalism, or parts of it, can be regarded as a form of intellectual practice. We do this by reference to a case study that examines the journalism of commentary and opinion and its use in fashioning a political and social agenda. This concerns Donald Horne's use of the magazines The Observer and the Bulletin to develop a public debate about Australian politics, society and culture. From this debate emerged the book The Lucky Country (1964) that set an agenda for public debate for at least ten years.
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Currently, the institute of typical and exemplary cases is represented by the norms of only one of the national procedural laws, namely, the norms of the Code of Administrative Proceedings of Ukraine. This is completely justified because the probability of similar legal disputes between individuals and subjects of authoritative powers is extremely high. Subjects of authoritative powers apply the same rules of law to a wide range of persons. Such application may be based on misunderstanding of general mandatory rules resulting in violation of the rights of individuals or restriction of these rights implementation. Besides, in most cases, the legal disputes to be considered under the rules of administrative proceedings need to be decided as soon as possible. Referring to the institute of typical and exemplary cases makes it possible to ensure the necessary rapid decision-making: the decision at exemplary case gives reference points in considering typical cases. In other words, the judge in fact receives a "competent recommendation" according to which he is obliged to decide a case characterized by typical features. Taking this into account the authors consider that according to the national legislator, the institute of typical and exemplary cases is aimed, inter alia, at ensuring the unity of judicial practice. The paper presents the analysis of the provisions of procedural law, the study of corresponding court decisions. Taking this into consideration an attempt is made to identify to what extent the implementation of the institute of typical and exemplary cases has influenced the unification of Ukrainian courts judging the public-legal disputes that can be considered the most common.
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In: The Menahem Stern Jerusalem lectures
In: Quaderni di storia
In: Problemy zakonnosti: zbirnyk naukovych pracʹ = Problems of legality, Issue 161, p. 75-96
ISSN: 2414-990X
The presented research is devoted to the theoretically and practically relevant issue of consideration of exemplary cases by the Supreme Court as a separate procedural tool for ensuring the unity of judicial practice. The purpose of the article is to develop the existing doctrinal views on the problems of functioning of the outlined institute and search for ways to improve the relevant procedures within the national procedural system. Achieving the set goal became possible thanks to the use of a complex of scientific research methods, in particular, dialectical, analysis and synthesis, structural-functional, formal-legal, formal-logical, comparative-legal, etc. Along with the analysis of the legislative categories "typical case" and "exemplary case", the features of such cases, a thorough description of the procedure for consideration of exemplary cases within the special administrative proceedings. The following stages of exemplary proceedings are distinguished as: submission of the case as exemplary; opening proceedings in a exemplary case and publication of a relevant announcement; consideration of the case and adoption of a exemplary decision; review of a exemplary decision. It is argued that the Supreme Court's decision in an exemplary case is the primary goal of ensuring predictability, consistency and uniformity of judicial enforcement in disputes of the same type. In addition, the need to distinguish between the legal opinions of the Supreme Court, formulated in the exemplary decisions and the legal opinions of the Supreme Court, formulated in the decisions on the results of cassation review of court cases, as having a different nature. Special attention is paid to the discussion of the possibility of implementing the institution of exemplary cases in other procedural orders, in particular, civil and economic proceedings. Based on the results of the research, the opinion is supported that despite the existing skepticism among scientists and the fundamental differences in the mechanism of legal regulation of public and private relations, the specificity of some types of private relations, which are characterized by mass, and disputes within the boundaries of which become the subject of judicial proceedings, allows to single out specific typological features of the relevant cases, and therefore, there is a possibility of their exemplary consideration according to the rules of civil procedure. This primarily concerns disputes in the field of consumer protection and tort disputes. In the aspect of the latter, as one of the catalysts for the introduction of the institute under study in civil proceedings, it may be necessary to address the issue of operational protection of civil rights of victims of Russian armed aggression against Ukraine.
In: Problemy zakonnosti: zbirnyk naukovych pracʹ = Problems of legality, Issue 153, p. 81-91
ISSN: 2414-990X
Currently, the institute of typical and exemplary cases is represented by the norms of only one of the national procedural laws, namely, the norms of the Code of Administrative Proceedings of Ukraine. This is completely justified because the probability of similar legal disputes between individuals and subjects of authoritative powers is extremely high. Subjects of authoritative powers apply the same rules of law to a wide range of persons. Such application may be based on misunderstanding of general mandatory rules resulting in violation of the rights of individuals or restriction of these rights implementation. Besides, in most cases, the legal disputes to be considered under the rules of administrative proceedings need to be decided as soon as possible. Referring to the institute of typical and exemplary cases makes it possible to ensure the necessary rapid decision-making: the decision at exemplary case gives reference points in considering typical cases. In other words, the judge in fact receives a "competent recommendation" according to which he is obliged to decide a case characterized by typical features. Taking this into account the authors consider that according to the national legislator, the institute of typical and exemplary cases is aimed, inter alia, at ensuring the unity of judicial practice.
The paper presents the analysis of the provisions of procedural law, the study of corresponding court decisions. Taking this into consideration an attempt is made to identify to what extent the implementation of the institute of typical and exemplary cases has influenced the unification of Ukrainian courts judging the public-legal disputes that can be considered the most common.
The short paper adopts a research strategy based on inductive reasoning applied to the exemplary case of the out-of-hospital emergency medical service (EMS) of the Lombardy region (Italy) as an 'extreme case' to maximise the insights derived from its study. Drawing on the distinction between political and managerial accountability of Bovens (2005), our research indicates the conditions that can lead top executives to take hybrid roles in order to counterbalance accountability deficits.
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