Search results

1 – 10 of 309
Open Access
Article
Publication date: 20 May 2020

Haider Muthnna Almoatasm

This paper aims to scrutinize some determinants that affect the functions and roles of contemporary parliaments. In particular, such parliaments attempt to involve in new areas…

1860

Abstract

Purpose

This paper aims to scrutinize some determinants that affect the functions and roles of contemporary parliaments. In particular, such parliaments attempt to involve in new areas that were not represented in parliamentary study and to play new roles in the areas of development, diplomacy, the establishment of post-conflict peace rules and achieving the objectives of the sustainable development. The study found that the most important determinants affecting the new roles of contemporary parliaments are the constitutional and legal frameworks.

Design/methodology/approach

This paper adopts three basic methodologies so as to reach some applicable scientific findings that can be generalized. The researcher has used the descriptive methodology, to shed light on the parliament’s various activities and new roles and to take note of the many surrounding factors and available dimensions that enable parliaments to perform such roles. The researcher has also used the comparative methodology, to study parliaments with a view to identifying their roles in a way that includes their similarities and dissimilarities and the possibility of generalizing the outputs.

Findings

The paper has reached many findings, the most important of which are: first, the need to present appropriate amendments to the constitutions to give space to parliaments to play more effective and influential roles. Second, the internal regulations of parliaments must be in line with the attitudes and aspirations of the parliament and its members, giving appropriate cover for playing new roles in various areas.

Research limitations/implications

This study has found that contemporary parliaments can play new roles in various fields, whether internal or external and in different sectors as well, as a result of the great developments and complexities introduced around the world. Such developments and complexities have cast a shadow on governments and affected their abilities in dealing with the issues immediately because of the enormous challenges in addition to the ongoing developments occurring to the legislative systems in the world, at the technical level of the departments and secretariats of contemporary parliaments or for members of Parliament and the institution as a whole.

Practical implications

The new roles of contemporary parliaments have been affected by the determinants of the research, which are the constitutional framework, the legislative framework, the relationship between Parliament and civil society and the relationship between Parliament and the government. These factors cast a shadow over the expansion or contraction of the attempts of modern parliaments to play new roles.

Social implications

This study has found that contemporary parliaments can play social roles in various fields of a social nature, which is find solutions to the problems experienced by societies emerging from civil wars, which need national reconciliation, for example, the reconciliation of the ethnic tribes carried out by the Iraqi council of representatives between the local tribes to resolve the internal problems, in addition the role of Borondian council by it is trying end the conflict between the tribes of Hotsi and Tutsi.

Originality/value

The importance of the study stems from the fact that it focuses on the most important determinants of the new roles of contemporary parliaments that may be conducted outside the traditional framework of the parliament's study of legislation and supervision. Such contemporary parliaments have played new roles that take the form of political, economic, social, humanitarian, diplomatic and environmental works and other works concerned with the climate and their attempts to end internal and external conflicts and disputes.

Details

Review of Economics and Political Science, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2356-9980

Keywords

Open Access
Article
Publication date: 29 April 2020

Maria Jose Parada, Alberto Gimeno, Georges Samara and Willem Saris

Despite agreement on the importance of adopting governance structures for developing competitive advantage, we still know little about why or how governance mechanisms are adopted…

6937

Abstract

Purpose

Despite agreement on the importance of adopting governance structures for developing competitive advantage, we still know little about why or how governance mechanisms are adopted in the first place. We also acknowledge that family businesses with formal governance mechanisms in place still resort to informal means to make decisions, and we lack knowledge about why certain governance mechanisms are sometimes, but not always, effective and functional. Given these research gaps, and drawing on institutional theory, we aim to explore: How are governance structures adopted and developed in family firms? Once adopted, how do family businesses perceive these governance structures?

Design/methodology/approach

Using Mokken Scale Analysis, a method suitable to uncover patterns/sequences of adoption/acquisition over time, we analyze a dataset of 1,488 Spanish family firms to explore if there is a specific pattern in the implementation of governance structures. We complement the analysis with descriptive data about perceived usefulness of such structures.

Findings

Our findings highlight two important issues. Family businesses follow a specific process implementing first business governance (board of directors, then executive committee), followed by family governance (family council then family constitution). We suggest they do so in response to institutional pressures, given the exposure they have to business practices, and their need to appear legitimate. Despite formal adoption of governance structures, family businesses do not necessarily consider them useful. We suggest that their perception about the usefulness of the implemented governance structures may lead to their ceremonial adoption, resulting in a gap between the implementation and functionality of such structures.

Research limitations/implications

Our article contributes to the family business literature by bringing novel insights about implementation of governance structures. We take a step back to explain why these governance mechanisms were adopted in the first place. Using institutional theory we enrich governance and family business literatures, by offering a lens that explains why family businesses follow a specific process in adopting governance structures. We also offer a plausible explanation as to why governance structures are ineffective in achieving their theorized role in the context of family businesses, based on the family's perception of the unusefulness of such structures, and the concept of ceremonial adoption.

Practical implications

There is no single recipe that can serve the multiple needs of different family businesses. This indicates that family businesses may need diverse levels of development and order when setting up their governance structures. Accordingly, this study constitutes an important point of demarcation for practitioners interested in examining the effectiveness of governance structures in family firms. We show that an important pre-requisite for examining the effectiveness of governance structures is to start by investigating whether these structures are actually being used or are only adopted ceremonially.

Originality/value

Our paper expands current knowledge on governance in family firms by taking a step back hinting at why are governance structures adopted in the first place. Focusing on how governance is implemented in terms of sequence is novel and relevant for researcher and practitioners to understand how this process unfolds. Our study uses institutional theory, which is a strong theory to support the results. Our paper also uses a novel method to study governance structures in family firms.

Details

Journal of Family Business Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2043-6238

Keywords

Article
Publication date: 4 April 2024

Karunanithi Kanagaraj and Ramalinggam Rajamanickam

The purpose of this paper is to explore and evaluate the current legal position on the admissibility and exclusion of illegally obtained evidence in money laundering cases.

Abstract

Purpose

The purpose of this paper is to explore and evaluate the current legal position on the admissibility and exclusion of illegally obtained evidence in money laundering cases.

Design/methodology/approach

A thorough exploratory analytical analysis signifies that such illegally obtained evidence from money laundering offences is admissible, provided it does not undermine the administration of justice or the right to a fair trial.

Findings

By virtue of the lack of written or codified rules governing the admissibility and exclusion of illegally obtained evidence in cases involving money laundering, the rule of admissibility remains the primary foundational principle for the governance of the admissibility and exclusion of illegally obtained evidence in money laundering cases.

Originality/value

The Malaysian Criminal Justice System has historically relied on the long-standing admissibility principles to admit and exclude illegally obtained evidence. For decades, courts have used their discretion to admit illegally obtained evidence based on the relevancy test, and they have further demonstrated to use the same discretion to exclude gravely prejudicial evidence. Evidence obtained illegally but if relevant to the matter in issue is deemed admissible. Evidence derived from an act associated with unlawful activities or a predicate offence in money laundering may be obtained illegally, which may influence the prosecution case and conversely, defend the accused’s rights to a fair trial.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 6 February 2024

Joel Nakitare, Fredrick Otike and Lydiah Mureithi

Commercial entities have recently expressed growing interest in commercialising indigenous knowledge (IK) due to its enormous economic and intrinsic value. As this happens…

Abstract

Purpose

Commercial entities have recently expressed growing interest in commercialising indigenous knowledge (IK) due to its enormous economic and intrinsic value. As this happens, custodial communities must not be disadvantaged in the process. This paper aims to understand the legal framework of the commercialisation of IK to identify the opportunities and factors impeding or affecting the commercialisation of indigenous knowledge in Kenya.

Design/methodology/approach

The study used a qualitative research approach. An extensive exploratory literature review of existing legal instruments was done to establish the progress and gaps for commercialising indigenous knowledge in Kenya.

Findings

The study shows that the legal framework of IK in Kenya is inadequate. There are no well-established frameworks and policies to protect IK in Kenya, and thus, host communities are subjected to exploitation. The diversity of tribes and communities makes it challenging to have a clear framework, mainly because IK is a devolved function. The study identifies the Protection of Traditional Knowledge and Cultural Expressions Act 2016, The National Museums and Heritage Act 2006 and the Natural Products Industry as the key milestones towards commercialisation of IK, while inadequate documentation of IK, communal ownership and inadequate legislation were identified as the main impediments to commercialisation of IK in Kenya.

Research limitations/implications

Owing to the diverse cultures and tribal communities in Kenya, the research could not access all the literature on all traditional IK in Kenya, and very few case studies have been conducted in Kenya.

Practical implications

The gaps identified in the legal framework can form a basis for legislation, policy change, actions and research needed to improve the commercialisation of IK.

Originality/value

The paper underscores the importance of balancing economic empowerment with preserving cultural integrity and protecting indigenous rights in commercialisation.

Details

Global Knowledge, Memory and Communication, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9342

Keywords

Article
Publication date: 21 August 2024

Anil Verma, Khanindra Ch. Das and Pooja Misra

The impact of digitalisation on smaller firms remains sparsely studied across emerging economies. The paper aims to examine the relationship between digital adoption and multiple…

Abstract

Purpose

The impact of digitalisation on smaller firms remains sparsely studied across emerging economies. The paper aims to examine the relationship between digital adoption and multiple performance parameters of micro, small and medium enterprises (MSME) in a prominent emerging economy.

Design/methodology/approach

The study employs data from the World Bank Enterprise Survey (WBES) 2022, capturing 9,024 Indian MSME firms spread across the country. Performance indicators are derived from growth in sales, employment and labour productivity (LPROD). Multiple regression estimates are derived that also correct for sample selection bias using Heckman’s two-step process.

Findings

Digital proliferation is found to increase as firms mature up in terms of age, size and constitution. A significant difference could also be observed in business performance across digital and non-digital businesses, with sales growth (SG) and productivity higher for digital firms. Digital financial variables are found to have a significant impact on SG but not as much in the case of employment growth and LPROD. The results are robust to correction for sample selection bias in digital adoption using inverse mills ratio (IMR).

Practical implications

The study highlights digital adoption gaps across various strata of MSMEs, highlighting lower adoption when firms are younger, smaller and lacking formal constitutional setup. Digital variables indicating positive association with SG highlight the need for concerted efforts at the public policy level for building appropriate skills and infrastructure for micro and small enterprises to boost their digital adoption to promote growth.

Originality/value

There is a lack of micro-level empirical evidence measuring the impact of advanced digital technology usage on multiple aspects of enterprise performance amongst micro and small firms. The study deploys unique digital variables including TReDS and use of online credit applications to assess the impact on business performance. The findings provide insights for practice and public policy, besides making the case for a higher focus on launching digital initiatives for smaller enterprises.

Details

Journal of Economic Studies, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0144-3585

Keywords

Article
Publication date: 9 August 2024

Muhammad Fahad Anwar

The purpose of this paper is to explore and evaluate the current legal position on the admissibility of illegally obtained evidence in money laundering cases in Pakistan.

Abstract

Purpose

The purpose of this paper is to explore and evaluate the current legal position on the admissibility of illegally obtained evidence in money laundering cases in Pakistan.

Design/methodology/approach

A comprehensive exploratory analytical examination indicates that illegally collected evidence from money laundering offences can be considered acceptable as long as it does not compromise the fairness of the judicial process or the right to a fair trial.

Findings

The admissibility and exclusion of illegally obtained evidence in money laundering cases are primarily governed by the rule of admissibility due to the absence of written or codified regulations in Pakistan.

Originality/value

The Pakistani Criminal Justice System has always depended on well-established admissibility rules to determine the acceptance or rejection of illegally obtained evidence. For many years, courts have exercised their discretion to allow illegally obtained evidence to be admitted using the relevance test. Additionally, they have also shown their discretion by excluding highly unfavourable material. Illegally obtained evidence may be considered admissible if it is relevant to the matter in issue. Illegally obtained evidence from an act related to illegal actions or a predicate offence in money laundering might impact the prosecution's case and, in turn, protect a defendant's right to a fair trial.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 7 May 2024

Olusola Joshua Olujobi and Oshobugie Suleiman Irumekhai

The purpose of this paper is to scrutinise the intricate relationship between the inadequate enforcement of anti-corruption laws and the application of good governance and the…

Abstract

Purpose

The purpose of this paper is to scrutinise the intricate relationship between the inadequate enforcement of anti-corruption laws and the application of good governance and the persisting prevalence of coups d'état and poverty in Africa.

Design/methodology/approach

This paper uses a doctrinal legal research approach, synthesising existing literature while extensively analysing primary and secondary legal sources. Its primary aim is to scrutinise the intricate relationship between the inadequate enforcement of anti-corruption laws and the application of good governance and the persisting prevalence of coups d'état and poverty in Africa. The choice of case study countries Burkina Faso, Chad, Gabon, Guinea, Mali, Niger and Sudan stems from their historical significance, regional diversity, data accessibility and potential insights into the interplay among anti-corruption enforcement, governance, poverty and coups d'état in Africa.

Findings

The enforcement of anti-corruption laws and the promotion of good governance are indispensable for democracy and economic stability; their suboptimal enforcement directly contributes to coups d'état and the worsening of poverty in African nations. It emphasises the imperative for African countries to consistently and proficiently enforce anti-corruption laws and adhere to principles of good governance, effectively and responsibly, to mitigate coups d'état and alleviate poverty in the region.

Originality/value

This study designs a model strategy for combating coups d'état and corruption in Africa as contribution to knowledge in the field of study.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Open Access
Article
Publication date: 15 February 2024

Makutla Gibson Mojapelo

The purpose of this study was to investigate a framework for the implementation of freedom of information (FOI) legislation in South Africa, against Article 19’s nine principles…

Abstract

Purpose

The purpose of this study was to investigate a framework for the implementation of freedom of information (FOI) legislation in South Africa, against Article 19’s nine principles of FOI legislation.

Design/methodology/approach

This qualitative study used semi-structured interviews to collect data from six experts selected by means of the snowball sampling technique and content analysis. The study used a modified Delphi design consisting of two rounds of interviews.

Findings

The results showed that little effort is made by government officials to demonstrate commitment to the implementation of FOI legislation.

Practical implications

The passing of FOI is expected to reduce corruption, increase public participation, reduce the level of secrecy and increase transparency and openness. This is not the case as the implementation of this socioeconomic right in South Africa is faced by numerous challenges, such as a lack of political will, secrecy laws providing for the opposite of what the FOI legislation seeks to achieve, poor legislative interpretation and a lack of clear policies. The study proposes a framework aimed at addressing these challenges.

Originality/value

The study provides a framework for the implementation of FOI legislation. The framework was developed under the guidance of Article 19 principles of freedom of information legislation.

Details

Information Discovery and Delivery, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2398-6247

Keywords

Article
Publication date: 1 January 2024

Fatemeh Kokabisaghi

Health is a human right and a fundamental building block of sustainable development, economic prosperity and poverty reduction. To realize people’s right to health, evaluating the…

Abstract

Purpose

Health is a human right and a fundamental building block of sustainable development, economic prosperity and poverty reduction. To realize people’s right to health, evaluating the situation of the right and its determinants is necessary. This paper aims to analyze Iran’s conduct in realizing its population’s right to health.

Design/methodology/approach

A qualitative case study design involving a structured review of relevant laws, policy documents, reports and academic literature was undertaken. The data were collected from electronic databases and the official Web pages of the United Nations (UN) and Iran’s Government and analyzed by a framework suggested by the UN.

Findings

Iran’s law and policies intend to combat health inequalities and to provide an adequate standard of living for everyone, particularly disadvantaged groups and individuals. However, not all laws and policies protecting disadvantaged groups are adequately implemented. There are disparities in health status and access to health care among different socio-economic groups. International economic sanctions and government policies decreased people’s ability to access the necessities of life including health care. Moreover, social determinants of health, such as cultural beliefs regarding women’s rights have not been addressed sufficiently in the country’s laws.

Research limitations/implications

This study includes a broad range of subjects and provides an overview of the health-care system of Iran. However, more detail is needed to describe every aspect of the right to health. It was not feasible to address them all in this paper and needs more research. In addition, as with the majority of qualitative studies, the design of the current study is subject to limitations. Firstly, the research quality of narrative reviews is dependent on the researcher’ skills and more easily can be influenced by his/her personal biases. Second, the rigor is more difficult to maintain, assess and demonstrate. Nevertheless, narrative studies often complement quantitative studies and are informative.

Originality/value

To fulfill the right to health, Iran should improve affordability and quality of care and the situation of the determinants of health. The gaps in people’s access to health care need to be identified, and all necessary means and scarce resources be allocated to remove access barriers and to improve the situation of disadvantaged people. The adoption of relatively low-cost targeted programs, the proper management of resources and the prevention of unnecessary costs are suggested.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 16 January 2024

Mehmood Khan, Mian M. Ajmal, Amin Jan, Haseeb Ur Rahman and Muhammad Zahid

Literature shows that the antecedents of eWoM have received limited attention and the present scales used for measuring eWoM in the hospitality and tourism industry are outdated…

Abstract

Purpose

Literature shows that the antecedents of eWoM have received limited attention and the present scales used for measuring eWoM in the hospitality and tourism industry are outdated. Therefore, this study aims to construct a new scale for the generation of positive eWoM in the hospitality and tourism industry.

Design/methodology/approach

This study developed a novel scale on eWoM based on the four dimensions of the unified theory of acceptance and use of technology.

Findings

The exploratory and confirmatory factor analysis confirms the factorial structure of the new scale. The exploratory factor analysis shows that “performance expectancy” has the highest impact on the constitution of positive eWoM with 8 items, followed by “social influence” and “facilitation condition” with 5 items each. The factor “effort expectancy” is found to have the lowest impact on the constitution of positive eWoM in the hospitality and tourism industry with 3 items. The confirmatory factor analysis in terms of the construct reliability, average variance extracted and maximum shared variance tests confirmed the model validity of the new scale.

Originality/value

This study ensures measuring eWoM with the latest norms that will assist in prudent policy formulation. These results insights into policymakers from the hospitality and tourism industry for the generation of positive eWoM towards their business which will help them achieve better customer loyalty.

Details

Global Knowledge, Memory and Communication, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9342

Keywords

1 – 10 of 309