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Open Access
Article
Publication date: 12 April 2022

Fernanda 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

Revista de Gestão, vol. 29 no. 4
Type: Research Article
ISSN: 1809-2276

Keywords

Article
Publication date: 12 September 2008

Hakeem O. Yusuf

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.

Details

International Journal of Law and Management, vol. 50 no. 5
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 15 June 2012

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…

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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

Journal of Health Organization and Management, vol. 26 no. 3
Type: Research Article
ISSN: 1477-7266

Keywords

Book part
Publication date: 10 June 2019

Jeb Barnes

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

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78973-727-1

Keywords

Book part
Publication date: 4 May 2020

Verónica Michel

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.

Book part
Publication date: 1 February 2009

Gregory Shaffer

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.

Expert briefing
Publication date: 6 February 2023

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
Article
Publication date: 17 December 2018

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

International Journal of Organizational Analysis, vol. 27 no. 3
Type: Research Article
ISSN: 1934-8835

Keywords

Expert briefing
Publication date: 15 April 2020

African electoral standards.

Details

DOI: 10.1108/OXAN-DB251683

ISSN: 2633-304X

Keywords

Geographic
Topical
Book part
Publication date: 26 June 2006

Glenn Morgan and Sigrid Quack

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.

Details

Professional Service Firms
Type: Book
ISBN: 978-0-76231-302-0

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