Civil society‐mediated governance: Making social security programs work through public hearings in India

2020 ◽  
Author(s):  
Shyam Singh ◽  
Yogesh Kumar
2016 ◽  
Vol 17 (4) ◽  
pp. 657-690 ◽  
Author(s):  
Thiago Luis Sombra

AbstractThis Article engages in an empirical analysis of the counter-majoritarian role of the Brazilian Supreme Court, the Supremo Tribunal Federal (STF), in terms of its sharp contrast with the aim of attracting wider participation from civil society in public hearings. Public hearings are an important judicial tool that have recently been introduced and that may influence foreign constitutional courts. A public hearing is a procedure in which the STF can hear experts, scientists, professors, civil servants, and even ordinary citizens when a Justice Rapporteur seeks to elucidate a specific technical aspect of a case, a controversial social issue, or an issue in a field that is generally unfamiliar to the presiding judge or judges. This research aims to address the influence of these public hearings on the deliberation process of the STF based on the democratic theory of representation. First, Section B outlines the main premises of the debate, elucidated the purposes and findings of public hearings. Next, Section C presents a theoretical approach addressing deliberation and representation to explain how information obtained in public hearings might improve the STF's adjudicative process. Section D outlines the chosen criteria and methods for the empirical research; this will demonstrate that public hearings in the STF are not working as envisioned. Lastly, to offer qualitative insight, Section E carefully examines two of the eighteen public hearings analyzed. The Article concludes that the STF has much work to do in terms of rethinking and improving the functionality of public hearings.


1982 ◽  
Vol 12 (1) ◽  
pp. 77-98 ◽  
Author(s):  
James M. Malloy ◽  
Silvia Borzutzky

This paper examines the interaction between social welfare policies and the “population problem” in Latin America. It demonstrates that social security programs, by reinforcing highly unequal patterns of stratification, have had a largely negative effect on population issues in the region. Social security policy in turn is analyzed as a particular political adaptation to the realities of dependent capitalist development. As a result, the population problem in Latin America is viewed less as a product of mindless demographic forces than as a politically induced reality stemming from the accumulated impact and negative consequences of a variety of consciously formulated public policies.


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