scholarly journals The unaccountable Federal Accountability Act: Goodbye to responsible government?

2017 ◽  
Vol 3 (2) ◽  
Author(s):  
S. L. Sutherland
Keyword(s):  
Democratic Party ◽  
House Of Commons ◽  
Public Servants ◽  
The Public ◽  
Responsible Government ◽  
Responsible Action ◽  
The Creation ◽  
The Government ◽  
The Cost ◽  
Executive Agency

The article argues that the Federal Accountability Act or, as of November, 2006, C-2, is an unaccountable piece of legislation in the sense that it is not explicable or intelligible. Second, to take the risk of imposing so many unrelated measures on federal institutions at one time is not a responsible action. There is an unevaluated risk of destabilizing the institutions of government and the public service. Certainly some provisions of the bill, such as the creation of a parliamentary budget office as an executive agency, and the creation of a federal director of public prosecutions, might well merit study as selfstanding measures. But most other provisions, on examination, threaten to destabilize or end responsible government in Canada. The paper argues that several measures clearly fall into this latter category. Among these are measures to provide for heavy regulation and summary punishment of both parliamentarians and senior public servants, as well as for the “naming and blaming and shaming” of senior public servants at the cost of introducing a policy-administration dichotomy, plus the excessive grants of powers to agents or officers of Parliament and the creation of new “parliamentary” bureaucracies that in fact perform executive functions. The manner of passing the bill in the House was also of doubtful fairness, given that the New Democratic Party joined in a partnership with the government to rush the bill through the Legislative Committee of the House of Commons.

scholarly journals Gomery: prequel and sequel

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
S.L. Sutherland
Keyword(s):  
Political Institutions ◽  
Public Law ◽  
The Political ◽  
Liberal Party ◽  
Public Servants ◽  
The Public ◽  
Selective Approach ◽  
Responsible Government ◽  
Civil Trials ◽  
The Government

The following text will first characterize the sponsorship scandal and then review the consequences for the shape of the inquiry created by its terms of reference. My view is that although the intent of establishing the inquiry was to demonstrate that all was well in an open democracy, the event itself, pulled out of the past, selectively refreshed grievance and outrage. The televized proceedings followed by daily headlines so inflamed the general public with the repetitive detailing of money losses that the public came to understand sponsorship’s root evil as only financial waste, and only Liberal Party corruption (« entitlement »). The inquiry as it was conducted thus forestalled more significant conversations that might have filled in between the criminal and civil trials. Worse, the inquiry created a view that the political corruption it emphasized, which it was at pains to emphasize as « artisan, » could have been almost casually forestalled at any point by ordinary levels of vigilance on the part of senior public servants. More specifically, the terms of reference either forced or normalized a selective approach to calling, questioning and recalling witnesses. Further, the judge the government of Prime Minister Paul Martin chose to lead the inquiry was the first to acknowledge that he lacked an understanding of responsible government, political institutions and public law. He therefore was swiftly provided with advisers on the political system and settled views he was in no position to know of or judge.

scholarly journals PERANAN NEGARA DAN HUKUM DALAM MEMBERANTAS KEMISKINAN DENGAN MEWUJUDKAN KESEJAHTERAAN UMUM

2010 ◽  
Vol 40 (3) ◽  
pp. 390
Author(s):  
Yohanes Suhardin
Keyword(s):  
Social Justice ◽  
The State ◽  
Public Welfare ◽  
The Public ◽  
Role Of The State ◽  
Strategic Role ◽  
The Creation ◽  
The Government ◽  
Legal Product

AbstrakThe role of the state in combating poverty is very strategic. Combatingpoverty means to free citizens who are poor. The strategic role given thenational ideals (read: state) is the creation of public welfare. Therefore,countries in this regard the government as the organizer of the state musthold fast to the national ideals through legal product that is loaded withsocial justice values in order to realize common prosperity. Therefore, thenature of the law is justice, then in the context of the state, the lawestablished for the creation of social justice. Law believed that social justiceas the path to the public welfare so that the Indonesian people in a relativelyshort time to eradicate poverty.

scholarly journals Savings and investment equality does not prevail according to Keynesian definitions

2019 ◽  
Vol 7 (9) ◽  
pp. 97-105
Author(s):  
Tamás Bánfi
Keyword(s):  
Common Sense ◽  
Theoretical Framework ◽  
Monetary Authority ◽  
Market Mechanisms ◽  
The Public ◽  
Public Investments ◽  
General Government ◽  
Government Deficit ◽  
The Creation ◽  
The Government

Aside from the general government and the non-resident sector, textbooks on macroeconomics uniformly define the following correlation under the terms investment and saving: I = S. The I = S equality is naturally and legitimately interpreted by macroeconomic textbooks almost without exception as the equality between intended investments and intended savings, because the equality ‒ if we accept it ‒ is not only a definitive identity, but generally the outcome of market mechanisms that take time. Keynes’s first critic was Robertson who claimed that “his analysis corresponded to what common-sense proclaims (even to the simple-minded) to be the essence of the matter; namely, the power possessed by the public and by the monetary authority to alter the rates of income flow – the former by putting money into and out of store, the latter by putting it into and out of existence. Thus, in his definition, I = S + (A + B), in which A is new money and B is reactivated idle balances. ” Robertson's comment could have been addressed with a simple correction, and the tool used for funding the expansion of state (public) investments, i.e. the government deficit financed by the creation of new money, is a consistent element of the theoretical framework.

scholarly journals The African National Congress Led Government's (In)ability to Counter Public Corruption: A Forensic Criminological Perspective

2012 ◽  
Vol 1 (2) ◽  
pp. 5
Author(s):  
Setlhomamaru Dintwe
Keyword(s):  
Public Awareness ◽  
Public Perceptions ◽  
African National Congress ◽  
Public Servants ◽  
The Public ◽  
Public Corruption ◽  
Criminological Perspective ◽  
National Congress ◽  
The Government ◽  
Bureaucratic Reform

Since the advent of democracy in 1994, there has been a myriad of incidents of corruption involving the public servants in South Africa. Equally so, the government led by the African National Congress have developed various mechanisms aimed at dealing with the problem of corruption. The incidents of corruption, characterized by colossal thefts,  embezzlements and rampant bribery are the basis of erudition around the ability of the African National Congress led government in dealing with corruption. Although this article acknowledges the presence of corruption during the apartheid era, its crux is mainly on whether the programmes employed by the African National Congress proved adequate in turning the tide against the scourge of corruption, which tends to erode the fabric upon which the South Africa’s economy is built. At the same breath, it is interesting to establish if the programmes employed by the ruling party encapsulate the internationally accepted elements reminiscent of an anti-corruption programmes worldwide. These elements <br />are  inter-alia, measurement of public perceptions, creation of public awareness, disincentivising corruption, visible sanctions, bureaucratic reform and most mportantly, the political will in dealing with corruption. Corruption is an indicator of a defective system of public accountability which involves subversion of public interest for  personal gains. An ability to deal with corruption manifests tself in two-fold paraphernalia. It encompasses understanding the causes of corruption on one hand and the calculated esponses in countering corruption on the other. It is against this background that his article endeavours to establish the advancement of the African National Congress in dealing with corruption in government.

scholarly journals Never let a Crisis go to Waste: Politics, Personality and Judicial Self-Government in Ireland

2018 ◽  
Vol 19 (7) ◽  
pp. 1871-1900
Author(s):  
Patrick O'Brien
Keyword(s):  
Significant Role ◽  
Judicial Independence ◽  
The Political ◽  
Court System ◽  
The Public ◽  
Judicial Appointments ◽  
Independent Mechanism ◽  
Political Patronage ◽  
The Creation ◽  
The Government

AbstractAlthough Ireland is often cited as part of the vanguard of countries adopting forms of judicial self-governance in the 1990s, this appearance can be misleading: the Irish judiciary are self-governing only in limited respects. The judge-led Court Service is in charge of court estate, non-judicial personnel and provision of information on the court system to the public. Many key matters – discipline, promotions and deployment – remain largely out of the control of the corporate judiciary. Judicial appointments are significantly at the discretion of the government. In the last decade, there have been significant moves towards a more corporate judiciary and these are reflected in the creation of a judges’ representative body, the Association of Judges of Ireland, and a shadow Judges Council. There are currently proposals to create a new independent mechanism for appointing judges and to create a Judicial Council with a significant role in disciplining the judiciary.The Irish experience highlights the importance of political and cultural factors in establishing and maintaining judicial independence and self-governance. Despite the significant role for the government in judicial appointments, and the presence of a culture of political patronage in these appointments, there is nonetheless a robust culture ofindividualjudicial independence once judges have been appointed. The creation of the Courts Service in 1999 was a significant transfer of administrative power to the judiciary but it was approved without demur by the political branches, who welcomed the depoliticization of controversial decisions about court estate. Conversely, reforms to judicial appointments have been weak because politicians saw value in maintaining a relatively harmless form of political patronage, and proposals for a Judicial Council that have agreed in outline for two decades have yet to be enacted, apparently because they lack sufficient political salience. The defence of judicial independence, and the creation of robust institutional mechanisms for defending it, ultimately requires the goodwill of politicians.

scholarly journals PERLINDUNGAN HUKUM PENCATATAN LOGO SEBAGAI CIPTAAN SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 118
Author(s):  
Widowati Maria Teresa ◽  
Budi Santoso
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
The Public ◽  
The Creation ◽  
The Government ◽  
Legal Entities

With the enactment of Law Number 28, 2014 About Copyright the creation of art in the form of a logo or distinctive sign is used as a brand in the trade of goods/services or used as a symbol of the organization, entity, or legal entities can not be recorded. Logo that cannot be registered as creation may be registered as trademarks and obtain trademarks protection. Associated with the unregistered logo in the List of Works does not reduce the copyrights protection of the logo, because the protection of the logo as Creation appears declaratively. Consequences of the unlisted logo in the List of Works are logo will not get an official passage on Creation. The government needs to tighten substantive and material checks on all works listed in the field of Intellectual Property Rights and the government may take the initiative to carry out dissemination and counselling accessible to the public especially for business practitioner. Keywords : Logo, Legal Protection, Copyrights AbstrakDengan diberlakukannya Undang-undang Nomor 28 Tahun 2014 Tentang Hak Cipta, seni lukis yang berupa logo atau tanda pembeda yang digunakan sebagai merek dalam perdagangan barang/jasa atau digunakan sebagai lambang organisasi, badan usaha, atau badan hukum tidak dapat dicatatkan. Logo yang tidak dapat dicatatkan sebagai Ciptaan dapat didaftarkan sebagai Merek dan mendapatkan perlindungan Merek. Terkait dengan tidak dicatatkannya logo dalam Daftar Ciptaan tidak mengurangi perlindungan Hak Cipta atas logo, karena perlindungan logo sebagai Ciptaan muncul secara deklaratif. Konsekuensi dari tidak dapat dicatatkannya logo dalam Daftar Ciptaan adalah Ciptaan logo tidak akan mendapatkan petikan resmi atas Ciptaan. Pemerintah perlu untuk memperketat pemeriksaan substantif maupun materiil terhadap seluruh karya yang didaftarkan di seluruh bidang Hak Kekayaan Intelektual dan dapat mengambil inisiatif untuk melakukan diseminasi dan penyuluhan yang dapat diakses secara mudah bagi masyarakat pada umumnya dan pelaku bisnis pada khususnya. Kata kunci : Logo, Perlindungan Hukum, Hak Cipta 

scholarly journals Private health insurance and the Pharmaceutical Benefits Scheme: how effective has recent government policy been?

2004 ◽  
Vol 28 (1) ◽  
pp. 34 ◽  
Author(s):  
Jeff R J Richardson ◽  
Leonie Segal
Keyword(s):  
Health Insurance ◽  
Private Health Insurance ◽  
Public Hospitals ◽  
Common Element ◽  
Cost Shifting ◽  
The Public ◽  
Pharmaceutical Expenditures ◽  
The Government ◽  
The Cost ◽  
Pharmaceutical Benefits Scheme

The cost to government of the Pharmaceutical Benefits Scheme (PBS) is rising at over 10 percent per annum. The government subsidy to Private Health Insurance (PHI) is about $2.4 billion and rising. Despite this, the queues facing public patients ? which were the primary justification for the assistance to PHI ? do not appear to be shortening. Against this backdrop, we seek to evaluate recent policies. It is shown that the reason commonly given for the support of PHI ? the need to preserve the market share of private hospitals and relieve pressure upon public hospitals ? is based upon a factually incorrect analysis of the hospital sector in the last decade. It is similarly true that the ?problem? of rising pharmaceutical expenditures has been exaggerated. The common element in both sets of policies is that they result in cost shifting from the public to the private purse and have little to do with the quality or quantity of health services.

BBI may not resolve gender gap in Kenyan politics

2020 ◽  
Keyword(s):  
Gender Gap ◽  
The Political ◽  
Female Leaders ◽  
Gender Based Violence ◽  
Content Type ◽  
Political Reforms ◽  
The Creation ◽  
The Government ◽  
Gender Based ◽  
The Cost

Significance The government now says the issue will be dealt with as part of the political reforms recently proposed in the Building Bridges Initiative (BBI) report. Impacts The creation of new positions to accommodate more female leaders will increase the cost of government. A focus on the BBI proposals will distract from addressing the spike in gender-based violence since the start of the COVID-19 pandemic. There is no guarantee that the BBI proposals will be implemented in their entirety.

Evaluating Political Reform in Japan: A Midterm Report

2002 ◽  
Vol 3 (2) ◽  
pp. 243-263 ◽  
Author(s):  
Steven R. Reed
Keyword(s):  
Democratic Party ◽  
Party System ◽  
Liberal Democratic Party ◽  
Political Reform ◽  
Coalition Government ◽  
Preliminary Evaluation ◽  
Liberal Democratic ◽  
The Government ◽  
The Cost ◽  
First Time

In the 1993 general election the Liberal Democratic Party lost power for the first time since it was founded in 1955. The coalition government that followed enacted the most far-reaching political reforms Japan has experienced since the American Occupation. The country has now experienced two elections since these reforms so we can begin to analyze trends and dynamics. It is now possible to make a preliminary evaluation of the effects of these reforms. I evaluate the reforms under three headings: (1) reducing the cost of elections and levels of corruption; (2) replacing candidate-centered with party-centered campaigns; and (3) moving toward a two-party system which would produce alternation in power between the parties of the government and the parties of the opposition. In conclude that, with some notable exceptions, the reforms are working well, about as well as should have been expected.

scholarly journals Costs of bariatric surgery in a teaching hospital and the financing provided by the Public Unified Health System

2010 ◽  
Vol 25 (2) ◽  
pp. 201-205 ◽  
Author(s):  
Wilson Salgado Júnior ◽  
Karoline Calfa Pitanga ◽  
José Sebastião dos Santos ◽  
Ajith Kumar Sankarankutty ◽  
Orlando de Castro e Silva Jr ◽  
...  
Keyword(s):  
Bariatric Surgery ◽  
Health System ◽  
Perioperative Period ◽  
University Hospital ◽  
Retrospective Evaluation ◽  
The Public ◽  
Unified Health System ◽  
The Government ◽  
The Cost ◽  
The University

PURPOSE: Analyze the effect of some measures on the costs of bariatric surgery, adopting as reference the remuneration of the procedure provided by the Unified Health System (SUS). METHODS: A retrospective evaluation conducted in the Costs Section of the University Hospital of Ribeirão Preto, of the costs involved in the perioperative period for patients submitted to bariatric surgery from 2004 to 2007. Changes in the routines and protocols of the service aiming at the reduction of these costs during the study period were also analyzed. RESULTS: Nine patients in 2004 and seven in 2007 submitted to conventional vertical banded "Roux-en-Y" gastric bypass were studied. All patients presented good postoperative evolution. The average cost with these patients was R$ 6,845.17 in 2004. Even though an effort was made to contain expenditures, the cost in 2007 was of R$ 7,525.64 because of the increase in the price of materials and medicines. The Government remuneration of the procedure in the two years was R$ 3,259.72. CONCLUSION: Despite the adoption of diverse measures to reduce the expenditures of bariatric surgery, in fact there was an increase in the costs, a fact supporting the necessity of permanent evaluation of the financing of public health.

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