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Article
Publication date: 7 January 2019

Denis Primakov

The status of government’s legal adviser in Israel is complicated and controversial. This status deeply impacts discretion and independence, especially in the role of combating…

Abstract

Purpose

The status of government’s legal adviser in Israel is complicated and controversial. This status deeply impacts discretion and independence, especially in the role of combating corruption. This article aims to review the status, power and independence of the government’s legal adviser and his/her interaction with other legal institutions dealing with corruption cases.

Design/methodology/approach

The author argues that the period of the 1980s, in Israel, was characterized by prosecution’s activism because of the dramatically increased number of corruption-related cases.

Findings

Prominent government legal advisers formulated approaches to the struggle against political corruption in Israel; upon becoming justices of the supreme court, they successfully transited their prosecution mindset to judicial activism (and not only for corruption-related cases).

Originality/value

This article discovers a linkage between prosecution and judicial positions, not under the Israeli legislation but based on personal willingness to combat corruption.

Article
Publication date: 2 July 2020

Hopeton S. Dunn

This paper aims to expose the challenges facing the attempt by Jamaica to introduce a new digital ID system without adequate regard to public consultation and the rights of…

Abstract

Purpose

This paper aims to expose the challenges facing the attempt by Jamaica to introduce a new digital ID system without adequate regard to public consultation and the rights of citizens.

Design/methodology/approach

The method used is critical text analysis and policy analysis, providing background and relevant factors leading up to the legislative changes under review. Extensive literature sources were consulted and the relevant sections of the Jamaican constitution referenced and analysed.

Findings

The case study may have national peculiarities not applicable in other jurisdictions. Its introduction acknowledges that the Jamaican Government may amend and re-submit the legislation, absent the flawed clauses. The paper however will remain valid given its detailed analysis and exposure of risks associated with biometric data collection, face recognition technology and data storage flaws.

Practical implications

It will be a practical example of the risks associated with flawed biometric data collection and the role of Courts in reviewing such legislation. Referrals to the Courts can be used as a remedy, as occurred not only in Jamaica but also in many other jurisdictions, including India and Kenya.

Social implications

The paper foregrounds the rights of citizens to be consulted on the collection and storage of their sensitive biometric data. The social implications and risks of violating the constitutional rights of citizens were made evident, and can be an example to other jurisdictions.

Originality/value

The paper is the first of its kind to provide detailed data and analysis on an outright rejection by the Courts of a country's ID legislation on grounds that it violated the constitution and rights of citizens. It shows the ethical and social challenges in proposing and implementing legislation without adequate public consultation on such sensitive matters as biometric data. It also exposes some of the challenges of artificial intelligence and face recognition technologies in ID data collection, including flaws related to race, gender and coding.

Details

Journal of Information, Communication and Ethics in Society, vol. 18 no. 3
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 1 April 2006

David Fitzpatrick

The purpose of the paper is to examine the Organised Crime and Police Act 2005 (the Act), in particular, the sections of the Act that establish the serious organised crime agency…

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Abstract

Purpose

The purpose of the paper is to examine the Organised Crime and Police Act 2005 (the Act), in particular, the sections of the Act that establish the serious organised crime agency (SOCA) and to anticipate the effectiveness of the Act against organised and serious crime in the UK.

Design/methodology/approach

The methodology employed is to examine Parts 1 and 2 of the Act, in light of the response of concerned professionals to the Act's passage through Parliament, concerns expressed both in the press and in legal journals, and to critically examine the novel features of the Act from the perspective of a professional who has worked in this same field (organised and serious crime) in Hong Kong for more than 20 years.

Findings

The Act is to be welcomed, in particular, gathering the investigative and intelligence functions of the police, customs and immigration service in one body SOCA, an elite limit to assist other UK police forces and law enforcement agencies. The introduction of statutory mechanisms to promote the co‐operation of defendants as potential witnesses is also to be welcomed. However, it is feared that the investigative powers created will be ineffective as the judiciary are not directly involved and the powers that are given to SOCA will be easily evaded by ruthless or experienced criminals.

Originality/value

It is hoped, the paper will promote interest in SOCA when it is “rolled out” operationally in April 2006. It is also hoped that SOCA will be appreciated from the outset as only a half‐hearted adoption of the US organised crime “model”. The UK has decided not to use telephone taps as a source of evidence, nor has it granted effective investigative powers to SOCA. Furthermore, there has been no comprehensive clean‐up of the present confusion of objectives that is so obvious in the sentencing policy as it concerns offenders who commit serious crime or are involved in organised criminal behaviour in the UK.

Details

Journal of Money Laundering Control, vol. 9 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Expert briefing
Publication date: 7 November 2022

The results of Israel’s fifth parliamentary election in less than four years were decisive, ending a period of political instability. Although policy guidelines and the division…

Article
Publication date: 6 December 2020

Adam Reekie

The purpose of this paper is to critically examine the prohibition on debt-to-equity conversions for private limited companies in Thailand, resulting from an interpretation of…

Abstract

Purpose

The purpose of this paper is to critically examine the prohibition on debt-to-equity conversions for private limited companies in Thailand, resulting from an interpretation of Section 1119 of the Thai Civil and Commercial Code (TCCC) adopted by academics and the regulator.

Design/methodology/approach

This paper critically examines the interpretation of Section 1119 of the TCCC made by academics, the Thai Supreme Court and the regulator. Taking an approach, which draws on debate in the EU over the past two decades, this paper presents a new understanding of the rules relating to legal capital in Thailand. This new understanding is applied to challenge the orthodox interpretation of Section 1119.

Findings

The interpretation proposed by this paper is that debt-to-equity conversions may be permitted when viewed as shares issued in return for payment in kind. This proposed interpretation is consistent with existing Thai Supreme Court jurisprudence. In addition, a close reading of the provision, further supported by a historical investigation into the legislative drafting process, reveals that it reflects the original intention behind this provision.

Originality/value

This paper presents a view of Thai legal capital rules, which challenges the orthodox understanding of their nature, purpose and categorisation. Furthermore, the proposed interpretation of Section 1119 of the TCCC, if adopted by the regulator, would permit Thai private limited companies to engage in debt-to-equity swaps without further legislative intervention.

Details

International Journal of Law and Management, vol. 63 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 29 August 2018

Paul A. Pautler

The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the preferences and…

Abstract

The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the preferences and ideology of the FTC’s leaders, developments in the field of economics, and the tenor of the times. The over-riding current role is to provide well considered, unbiased economic advice regarding antitrust and consumer protection law enforcement cases to the legal staff and the Commission. The second role, which long ago was primary, is to provide reports on investigations of various industries to the public and public officials. This role was more recently called research or “policy R&D”. A third role is to advocate for competition and markets both domestically and internationally. As a practical matter, the provision of economic advice to the FTC and to the legal staff has required that the economists wear “two hats,” helping the legal staff investigate cases and provide evidence to support law enforcement cases while also providing advice to the legal bureaus and to the Commission on which cases to pursue (thus providing “a second set of eyes” to evaluate cases). There is sometimes a tension in those functions because building a case is not the same as evaluating a case. Economists and the Bureau of Economics have provided such services to the FTC for over 100 years proving that a sub-organization can survive while playing roles that sometimes conflict. Such a life is not, however, always easy or fun.

Details

Healthcare Antitrust, Settlements, and the Federal Trade Commission
Type: Book
ISBN: 978-1-78756-599-9

Keywords

Article
Publication date: 15 August 2016

Ken McPhail, Robert Ochoki Nyamori and Savitri Taylor

The purpose of this paper is to address two questions: first, what contracts, instruments and accounting activities constitute Australia’s offshore asylum seeker processing policy…

4904

Abstract

Purpose

The purpose of this paper is to address two questions: first, what contracts, instruments and accounting activities constitute Australia’s offshore asylum seeker processing policy in practice? Second, how are notions of legitimacy and accountability mediated through the network constituted by this policy?

Design/methodology/approach

The paper is located in the critical interpretivist approach to accounting research. It is based on an exhaustive documentary analysis. Policy documents, contract documents, records of parliamentary inquiries (Hansard) and legislation were analysed drawing on a network policy perspective.

Findings

The paper finds that the Australian Government has sought to escape its accountability obligations by employing a range of approaches. The first of these approaches is the construction of a network involving foreign states, private corporations and non-government organizations. The second is through a watered down accountability regime and refusal to be accountable for the day-to-day life of asylum seekers in offshore processing centres through a play with the meaning of “effective control”. Yet while the policy network seems designed to create accountability gaps, the requirement within the network to remain financially accountable undermines the governments claims not to be responsible for the conditions in the detention camps.

Research limitations/implications

The paper focuses largely on the period starting from when Kevin Rudd became Prime Minister to the death in Papua New Guinea of asylum seeker Reza Barati on 17 February 2014. Earlier periods are beyond the scope of this paper.

Practical implications

The paper will result in the identification of deficiencies inhuman rights accountability for extra-territorialized and privatised immigration detention and may contribute towards the formulation of effective policy recommendations to overcome such deficiencies. The paper also provides empirical data on, and academic understanding of, immigration detention outsourcing and offshoring.

Social implications

The paper will inform debate regarding treatment of unauthorized maritime arrivals and asylum seekers generally.

Originality/value

The paper provides the first detailed and full understanding of the way Australia’s offshore asylum seeker processing policy is practiced. The paper also provides an empirical analysis of the way national policy and its associated accountability mechanisms emerge in response to the competing legitimacy claims of the international community and national electorate.

Details

Accounting, Auditing & Accountability Journal, vol. 29 no. 6
Type: Research Article
ISSN: 0951-3574

Keywords

Article
Publication date: 1 January 1983

R.G.B. Fyffe

This book is a policy proposal aimed at the democratic left. It is concerned with gradual but radical reform of the socio‐economic system. An integrated policy of industrial and…

11079

Abstract

This book is a policy proposal aimed at the democratic left. It is concerned with gradual but radical reform of the socio‐economic system. An integrated policy of industrial and economic democracy, which centres around the establishment of a new sector of employee‐controlled enterprises, is presented. The proposal would retain the mix‐ed economy, but transform it into a much better “mixture”, with increased employee‐power in all sectors. While there is much of enduring value in our liberal western way of life, gross inequalities of wealth and power persist in our society.

Details

International Journal of Sociology and Social Policy, vol. 3 no. 1/2
Type: Research Article
ISSN: 0144-333X

Keywords

Abstract

Details

Power, Policy and the Pandemic
Type: Book
ISBN: 978-1-80262-010-8

Article
Publication date: 1 June 2003

Robert Butterworth and Nicholas Horne

Senior policy advisers face a number of basic practical issues that they must continuously negotiate if they are to successfully fulfil the policy advising function. Stemming from…

1903

Abstract

Senior policy advisers face a number of basic practical issues that they must continuously negotiate if they are to successfully fulfil the policy advising function. Stemming from an Australian public sector experience, this paper offers an applied perspective on some of the more prominent of these issues: the question of political considerations in policy advising, the maintenance of good working relationships between policy advisers and ministers, the nature of timeliness, the extent of information needed before advice can be formulated, and the course to follow when policy advice is rejected. The paper seeks to arrive at some practical conclusions, not only for policy advisers already at the senior level, but also for those who are advancing their policy advising skills and find such issues material to their development.

Details

International Journal of Public Sector Management, vol. 16 no. 3
Type: Research Article
ISSN: 0951-3558

Keywords

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