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Book part
Publication date: 15 June 2022

André Feliciano Lino, Ricardo Rocha de Azevedo, Ismar Viana and André Carlos Busanelli de Aquino

This chapter provides an overview of local government auditing in Brazil. The mandate of regional Courts of Accounts, which are public audit organisations, includes overseeing…

Abstract

This chapter provides an overview of local government auditing in Brazil. The mandate of regional Courts of Accounts, which are public audit organisations, includes overseeing states and municipalities’ legal compliance and public policy performance, while the federal Supreme Audit Institution scrutinises fiscal transfers from the central to local governments. Each of the 32 regional Courts of Accounts is autonomous. However, all follow the Napoleonic audit model and are internally organised in three main functions: auditing (comprising investigation, fair hearing and adversarial phase, and accusation), prosecuting (comprising legal compliance analysis), and judgmental. Despite the comprehensive legal mandate and recent digitalisation efforts, Courts still focus on compliance audit. Due to their autonomy, the Courts lack central coordination, standardised audit techniques, and uniform procedural rules. Moreover, the Courts’ lack of independence and transparency may impair their capacity to promote democratic accountability.

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Auditing Practices in Local Governments: An International Comparison
Type: Book
ISBN: 978-1-80117-085-7

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Book part
Publication date: 14 October 2022

Mandy D. Burton

Domestic abuse presents significant challenges for legal systems around the world. In England and Wales, victims of domestic abuse sometimes find that they are pulled in different…

Abstract

Domestic abuse presents significant challenges for legal systems around the world. In England and Wales, victims of domestic abuse sometimes find that they are pulled in different directions by multiple legal interventions in the criminal, civil, and family justice spheres. This is often due to inadequate information and evidence sharing but also inconsistent approaches and court orders. The “Harm Panel” report published in 2020 examined the approach of the family justice system in child arrangement cases involving allegations of domestic abuse. It found “silo working” was one of four structural barriers contributing to unsafe processes and outcomes. The Harm Panel provided renewed impetus for a policy to introduce integrated domestic abuse courts (IDACs) to address the problems of fragmented legal responses. There has previously been one unsuccessful attempt to introduce an IDAC in England Wales. This chapter will explore what went wrong and whether the evidence base for IDACs in other countries supports another attempt.

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The Justice System and the Family: Police, Courts, and Incarceration
Type: Book
ISBN: 978-1-80382-360-7

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Book part
Publication date: 6 May 2008

Ronald Kahn

Legalists and social scientists have not been able to explain the expansion of gay rights in a conservative age because they refuse to respect the special qualities of judicial…

Abstract

Legalists and social scientists have not been able to explain the expansion of gay rights in a conservative age because they refuse to respect the special qualities of judicial decision making. These qualities require the Supreme Court to look simultaneously at the past, present, and future, and, most importantly, to determine questions of individual rights through a consideration of how citizens are to live under a continuing rights regime. Unless scholars understand how and why Supreme Court decision making differs from that of more directly politically accountable institutions we can expect no greater success in explaining or predicting individual rights in the future.

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Special Issue Constitutional Politics in a Conservative Era
Type: Book
ISBN: 978-0-7623-1486-7

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Legal Professions: Work, Structure and Organization
Type: Book
ISBN: 978-0-76230-800-2

Book part
Publication date: 17 March 2010

Sara Kendall

Hybrid forms of international criminal justice have been lauded for combining the political and procedural legitimacy of international tribunals with increased attention to the…

Abstract

Hybrid forms of international criminal justice have been lauded for combining the political and procedural legitimacy of international tribunals with increased attention to the local contexts where mass crimes occurred. This work critically examines the hybrid legal structure of the Special Court for Sierra Leone, a novel post-conflict institution empowered to draw from both international and Sierra Leonean law. Although formally hybrid, the Court neglects domestic law in practice, suggesting that “hybridity” refers more to a rhetorical strategy aimed at legitimating its work than to its ontological status. By symbolically including and substantively excluding domestic law, the court's legal structure inadvertently resembles a colonial form of legal pluralism rather than a hybrid jurisdiction.

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Special Issue Interdisciplinary Legal Studies: The Next Generation
Type: Book
ISBN: 978-1-84950-751-6

Book part
Publication date: 6 May 2008

Scott E. Lemieux and George I. Lovell

This chapter offers an explanation for the mixed record of the Supreme Court since the 1960s, and considers the implications of that record for the future. The chapter emphasizes…

Abstract

This chapter offers an explanation for the mixed record of the Supreme Court since the 1960s, and considers the implications of that record for the future. The chapter emphasizes that judicial power is connected to choices made by other political actors. We argue that conventional ways of measuring the impact of Court rulings and the Court's treatment of precedents are misleading. The Court cannot be understood as a counter-majoritarian protector of rights. In both past and future, electoral outcomes determine the policy areas in which the Court will be influential, and also the choices the justices make about how to portray their treatment of law and precedents.

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Special Issue Constitutional Politics in a Conservative Era
Type: Book
ISBN: 978-0-7623-1486-7

Book part
Publication date: 8 August 2023

Kyle Green, Abigail Smithson, Maria Molteni, John Early and Noah Cohan

The recent wave of protests on courts and fields all over the world has brought increased attention to the potential of sport to address social justice. Basketball in particular…

Abstract

The recent wave of protests on courts and fields all over the world has brought increased attention to the potential of sport to address social justice. Basketball in particular has been the subject of both celebration and outrage. Building off the theorizing of sport as a contested space, we examine the work of three artists/artist collectives; Abigail Smithson, Maria Molteni and New Craft Artists in Action, and Noah Cohan and John Early of Whereas Hoops, who have all directly engaged with the basketball court as a site filled with cultural meaning and struggle. All three of the respective bodies of work were developed in the past 10 years and emerge from the heightened social and racial tension of the time, as well as the increasingly apparent link between sports, politics, and race within our larger society. Examining the work reveals the importance of the basketball court as a site simultaneously of celebration, play, surveillance, policing, community, history, cultural exchange, and racialization. We explore the potential for artists to engage with and transform sport spaces through an edited group interview, giving the artists the chance to reflect on their practices as well as the limitations of working as an activist and artist in the realm of sports in their own words. Through conversation, the chapter focuses not just on finished pieces of art but also on the process of making the work in the ever familiar and culturally rich environment of the basketball court.

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Athletic Activism
Type: Book
ISBN: 978-1-80262-203-4

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Book part
Publication date: 5 February 2010

Mitchell B. Mackinem and Paul Higgins

Purpose – The purpose of this study is to examine how staff contributes to the operations of an adult drug court and, more critically, how staff produces client failure. Previous…

Abstract

Purpose – The purpose of this study is to examine how staff contributes to the operations of an adult drug court and, more critically, how staff produces client failure. Previous drug court researchers often attribute outcomes to the characteristics or the behaviors of the clients or to the program design, not to the actions of the staff.

Methodology – This study is based on extensive field research in three drug courts over a 4-year period. We observed both public and less public drug court events from the court event to staff meetings.

Findings – The key finding is that staff produces program failures. Within the policies and procedures of their programs, using their professional belief systems, and in interaction with a range of others to manage the demands of their position, staff produces the outcomes.

Limitations – As with other ethnographies, the generalizability of the exact processes may be limited. The core finding that the staff actively creates outcome decisions is a fundamental process that we believe occurs in any drug court or, more widely, problem-solving courts.

Implications – The practical implications of this research are in the illustrations of how staff matter, which we hope will spur others into examinations of staff actions.

Originality – Previous research ignores staff or treats them as mere extension program policies. The in-depth examination of staff behavior provides a unique and valuable examination of how much is lost by ignoring the staff judgments, perceptions, and actions.

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New Approaches to Social Problems Treatment
Type: Book
ISBN: 978-1-84950-737-0

Book part
Publication date: 1 January 2014

Sagit Mor

This article examines the dialectics of wrongful life and wrongful birth claims in Israel from 1986 until 2012. In May 2012 Israeli Supreme Court declared that while wrongful…

Abstract

This article examines the dialectics of wrongful life and wrongful birth claims in Israel from 1986 until 2012. In May 2012 Israeli Supreme Court declared that while wrongful birth claims were still permitted, wrongful life claims were no longer accepted in a court of law. The article examines the conditions that allowed for and supported the expansion of wrongful life/birth claims until 2012. The article identifies two parallel dynamics of expansion: a broadening of the scope of negligent conduct and a view of milder forms of disabilities as damage that merits compensation. The article further suggests four explanations for such doctrinal evolution, two of which emanate from doctrinal ambiguities and the other two are rooted in social factors that have shaped the meaning of disability as a tragedy and state of inferiority. While recent developments seem promising, the article concludes with a word of caution. Such changes may reproduce past injustices mainly because the compensation mechanism has remained an individual-torts based one, which may run counter to the broader struggle for social change for disabled people.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78350-785-6

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Book part
Publication date: 6 May 2008

David A. Yalof

The premise that the U.S. Supreme Court never veers too far off from the dominant national political coalition (Dahl, 1957) has become widely accepted among social scientists…

Abstract

The premise that the U.S. Supreme Court never veers too far off from the dominant national political coalition (Dahl, 1957) has become widely accepted among social scientists today. To fulfill that promise, however, the confirmation process for justices must serve as a plebiscite through which the public can ratify or reject future justices based on their views. Unfortunately, modern confirmation hearings have become an exercise in obfuscation, providing little meaningful dialogue on important issues. Because conservative Republican presidents have made the lion's share of appointments in recent times, social conservatives have most often benefited from a process that has severed the link between Supreme Court nominees and the polity they must serve.

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Special Issue Constitutional Politics in a Conservative Era
Type: Book
ISBN: 978-0-7623-1486-7

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