Search results
1 – 10 of 81Fernanda Rodrigues de Siqueira, Carlos André da Silva Müller and Osmar Siena
This research aimed to analyze how information on public policies to mitigate the judicialization of the SUS (Brazilian Unified Health System) have been disseminated via digital…
Abstract
Purpose
This research aimed to analyze how information on public policies to mitigate the judicialization of the SUS (Brazilian Unified Health System) have been disseminated via digital media to citizens and stakeholders.
Design/methodology/approach
Under a qualitative and inductive paradigm, the research was based on the search for news on the Google pages. Data were grouped into higher categories to formalize theoretical generalizations.
Findings
Data analysis showed that there are news classified into 11 codes, forming three news groups broadcast as an effort by the programs to legitimize themselves with society: Perceived Quality, Publicity Produced and Results Achieved.
Research limitations/implications
The relationship between the effectiveness of public policies and their dissemination in digital media has implications for the result/legitimacy relationship, not excluding that public marketing can make a program legitimate without having results that confirm its effectiveness.
Social implications
The work provides a means of understanding the dissemination of public policies, in particular, verifying whether these are being provided in order to establish responsible and transparent communication with the citizen or to legitimize public policies without effective results.
Originality/value
The proposed conceptual model is based on four quadrants and represents the relationship between the results achieved by public policies and legitimacy, considering a phenomenon resulting from public marketing. The association between the intensity of these constructs constitutes four themes: fake public marketing, inefficient public policy, deficient public marketing and full public policy.
Details
Keywords
This paper aims to examine the growing incidence of judicialisation of politics in Nigeria's democratisation experience against the backdrop of questionable judicial…
Abstract
Purpose
This paper aims to examine the growing incidence of judicialisation of politics in Nigeria's democratisation experience against the backdrop of questionable judicial accountability.
Design/methodology/approach
The article draws on legal and political theory as well as comparative law perspectives.
Findings
The judiciary faces a daunting task in deepening democracy and (re) instituting the rule of law. The formidable challenges derive in part from structural problems within the judiciary, deficient accountability credentials and the complexities of a troubled transition.
Practical implications
Effective judicial mediation of political transition requires a transformed and accountable judiciary.
Originality/value
The article calls attention to the need for judicial accountability as a cardinal and integral part of political transitions.
Leonardo Cubillos, Maria‐Luisa Escobar, Sebastian Pavlovic and Roberto Iunes
Over the last five years many middle‐income Latin American countries have seen a steep increase in the number of cases litigating access to curative services. The purpose of this…
Abstract
Purpose
Over the last five years many middle‐income Latin American countries have seen a steep increase in the number of cases litigating access to curative services. The purpose of this paper is to explore this complex phenomenon and outline some of its roots and impacts.
Design/methodology/approach
The authors use an interdisciplinary approach based on a literature review and workshops convened to discuss the issue.
Findings
A range of reasons can explain this increased legal activity. These include: a renewed judicial approach to the enforcement of the right to health; a more demanding public interest; an increased prevalence of non communicable diseases; and limited capacity for fair benefit package.
Originality/value
The findings in this paper argue for the need to incorporate a rights‐based approach to health policy as a foundation of societal efforts to achieve universal health coverage in Latin America.
Details
Keywords
Litigation is part of the American policymaking playbook as diverse groups routinely turn to courts to pursue their agendas. All of this litigation raises questions about its…
Abstract
Litigation is part of the American policymaking playbook as diverse groups routinely turn to courts to pursue their agendas. All of this litigation raises questions about its consequences. This essay examines the literature on the political risks of litigation. It argues that this literature identifies four potential risks – crowd out, path dependence, backlash, and individualization – but offers less insight into the likelihood of these risks in practice. It ends by offering suggestions about how to advance our understanding of when litigation casts a negative political shadow in the current age of judicialization.
Details
Keywords
In a country where judicial institutions are known to be inefficient and where activists have traditionally not engaged in legal mobilization, what explains the emergence of NGO…
Abstract
In a country where judicial institutions are known to be inefficient and where activists have traditionally not engaged in legal mobilization, what explains the emergence of NGO strategic litigation? The author argues that a change in the legal opportunity structure impacts how activists interact with the legal system. Comparing two states in Mexico, the author demonstrates that the introduction of private prosecution rights opened the door for activists to litigate femicide cases. The emergence of strategic litigation has helped improve compliance with international human rights law and has had a demonstration effect on how to use the law to press for accountability.
Details
Keywords
This chapter examines the barriers posed for smaller and poorer World Trade Organization (WTO) members to challenge trade barriers under the WTO's dispute settlement…
Abstract
This chapter examines the barriers posed for smaller and poorer World Trade Organization (WTO) members to challenge trade barriers under the WTO's dispute settlement understanding. It first addresses the implications of the judicialization of the WTO's dispute settlement system. It next examines reasons why participation in the WTO's dispute settlement system matters. It then summarizes the results of studies of the system's use and, in light of these findings, posits explanations for smaller developing countries' lack of engagement.
Details
Keywords
The coup attempt was to start with Do Val making a secret recording of a conversation with Federal Supreme Court (STF) Justice and Supreme Electoral Court (TSE) President…
Details
DOI: 10.1108/OXAN-DB275799
ISSN: 2633-304X
Keywords
Geographic
Topical
Arnaldo L. Ryngelblum, Ernesto M. Giglio and Victor Silva Corrêa
Studies of institutional logics have emphasized two fundamental conceptions: first, that there is continuous competition between the various logics embedded in any context and…
Abstract
Purpose
Studies of institutional logics have emphasized two fundamental conceptions: first, that there is continuous competition between the various logics embedded in any context and, second, that certain mechanisms influence the promotion or modification of existing logics. The purpose of this paper is to contribute to these studies by broadening the propositions on the mechanisms used by the actors to disguise the fact that they are not prioritizing non-prevailing logics.
Design/methodology/approach
The paper examines the disguise mechanisms used in the regulation of the private health field in Brazil, which has still been rarely explored in the literature on the theme. The research strategy was qualitative, involving documentary research that provided information to create a script for interviewing different actors in this field, such as health plan companies, service providers, medical associations, trade unions, regulatory agency, consumer defense organizations and the judiciary, lending credibility to the study.
Findings
The field data suggest important findings. Field actors pursue exerting influence in defining the outcomes of the institutional logics prevailing at each event. In this pursuit, they work to keep representative parts of prescribed practices non-transparent to allow them a margin in which to maneuver when confronted with a non-prevailing logic.
Originality/value
This paper emphasizes that, in any context, actors, while following the prescriptions of a prevailing logic, might have to disguise not following the prescriptions of other logics; thus, they will have to seek for mechanisms to do so. This paper, by identifying disguise mechanisms that operate in the specific field of private health in Brazil, finally sheds light on disguise mechanisms, contributing to the general literature on institutionalism.
Details
Keywords
African electoral standards.
Details
DOI: 10.1108/OXAN-DB251683
ISSN: 2633-304X
Keywords
Geographic
Topical
In this paper, we analyse how the national variety in professional organisation is affected by the current period of globalisation by reference to key features of the business law…
Abstract
In this paper, we analyse how the national variety in professional organisation is affected by the current period of globalisation by reference to key features of the business law firm in the US, the UK and Germany. Our argument is that changes in law firms from these different countries are indeed intertwined with each other through a gradual process of legal globalisation but that they are not necessarily converging on a dominant US model. Rather we find evidence that new hybrid types of firms are arising in Europe out of a re-combination of elements of different national models.