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Article
Publication date: 3 February 2012

Awal Hossain Mollah

The aim of this paper is to analyze the status of independence of the judiciary in Bangladesh. It is recognized worldwide that an independent judiciary is the sin qua non of

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Abstract

Purpose

The aim of this paper is to analyze the status of independence of the judiciary in Bangladesh. It is recognized worldwide that an independent judiciary is the sin qua non of democracy and good governance. However, without separation of the judiciary from other organs of the state absolute independence of judiciary is not possible. An attempt has been made in this paper to sketch the brief historical background of judicial system in Bangladesh through analyzing the meaning and basic principles of judicial independence and to what extent these principles exists in Bangladesh. How did the judiciary finally separate from the executive? After separation of the judiciary, what is the status of executive interference over judiciary in Bangladesh has also been evaluated in this paper.

Design/methodology/approach

The study is qualitative in nature and based on secondary sources of materials like books, journal articles, government rules, newspaper reports, etc. Relevant literature has also been collected through Internet browsing.

Findings

In this study, it has been found that from time immemorial the judicial system of Bangladesh was not completely independent from the interference of the executive branch of the government. It has also been found that from the beginning of the British colonial rule, the question of separation of the judiciary from the executive had been a continuing debate. Presently, even after separation of the judiciary, the interference of the executive over the judiciary is still continuing.

Practical implications

This paper opens a new window for the policy makers and concerned authorities to take necessary steps for overcoming the existing limitations of the status of judicial dependence in Bangladesh.

Originality/value

The paper will be of interest to legal practitioners, policy makers, members of civil society, and those in the field of judicial system in Bangladesh and some other British colonial common law countries.

Details

International Journal of Law and Management, vol. 54 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 19 May 2009

Mika Goto and Anil K. Makhija

We present empirical evidence on the productive efficiency of electric utilities in the United States from 1990 to 2004. This period is marked by major attempts to introduce…

Abstract

We present empirical evidence on the productive efficiency of electric utilities in the United States from 1990 to 2004. This period is marked by major attempts to introduce deregulation with an expectation that it will lead to improved operating efficiency and ultimately to lower consumer prices. However, relying on improved techniques of estimating productive efficiency, we find that firms in jurisdictions that adopted deregulation have in fact lower productive efficiency, and have also experienced decreases in efficiency over time. In particular, the vertical separation of generation, a hallmark of an effort to deregulate the industry, is associated with an adverse impact on productive efficiency.

Details

Corporate Governance and Firm Performance
Type: Book
ISBN: 978-1-84855-536-5

Article
Publication date: 1 September 1997

Mark F. Griffith

John Locke, one of the most influential writers in history, profoundly affected the principles upon which the government of the United States was founded. He leaves a legacy of

6649

Abstract

John Locke, one of the most influential writers in history, profoundly affected the principles upon which the government of the United States was founded. He leaves a legacy of thoughts on human understanding, religion, economics, and politics that still influence the structure, environment, and operation of public administration today. He is most noted for his concept of separation of powers and for his ideas about property as the basis for prosperity. he moderated the more radical teachings of Thomas Hobbes and Niccolo Machiavelli. His politics, emerging from the concept of a state of nature, involved the underlying radical, modern premises about religion and morality. Locke presents his case for what we would call modern liberal democracy. He created the modern emphasis on constitutionalism that defines, in part, the relationship between the political system and the bureaucracy. Finally, he was an important link in the development of modern executive and legislative power.

Details

Journal of Management History, vol. 3 no. 3
Type: Research Article
ISSN: 1355-252X

Keywords

Abstract

Details

Documents from the History of Economic Thought
Type: Book
ISBN: 978-0-7623-1423-2

Article
Publication date: 1 June 2002

Bruce Cutting and Alexander Kouzmin

This paper relies on a “trinity of menetypes” of group knowing which captures the essential decision‐making dynamics of board membership. Formal, corporate decision‐making…

3594

Abstract

This paper relies on a “trinity of menetypes” of group knowing which captures the essential decision‐making dynamics of board membership. Formal, corporate decision‐making processes require higher commitments of time and cognitive energy of directors – certainly, the requirement is of non‐executive directors to make more formal contributions to the “political” process that determines corporate commitment to appropriate courses of action. There is a fundamental shift from “managerialism” to “politicism” in the corporate dynamics of organization – a shift in “menetype” driving governance dynamics. This wholesale shift in orientation has accentuated personal and group values as key determinants of corporate efficacy. The paper proposes structural reforms to corporate/agency governance conventions, including a greater focus on performance and strategy, greater independence of more effective and extensive audit processes and a greater transparency in the nomination and remuneration of top‐executive appointments.

Details

Corporate Governance: The international journal of business in society, vol. 2 no. 2
Type: Research Article
ISSN: 1472-0701

Keywords

Article
Publication date: 8 June 2010

Aapo Länsiluoto and Marko Järvenpää

The purpose of this paper is to investigate how different actors influenced the implementation of an environmental management system (EMS) and a performance measurement system…

1148

Abstract

Purpose

The purpose of this paper is to investigate how different actors influenced the implementation of an environmental management system (EMS) and a performance measurement system (PMS) in a case company when the systems are eventually integrated. Another purpose is to illustrate how the frameworks of Gibson and Earley and Lovaglia et al. can be utilized to investigate the implementation of different management systems in practice.

Design/methodology/approach

This paper is an interpretative case study, which utilizes qualitative methods such as semi‐structured interviews and internal documents.

Findings

The results indicate the importance of maintaining a separation between the power and status of an actor in EMS and PMS implementation processes, and the ways in which the power and status of actors in the EMS and PMS implementation differed. The status and role of an actor can change although the power may be static during the implementation of different management systems. Therefore, the paper confirms the classification of Lovaglia et al. and proposes that their classification should be added to the framework of Gibson and Earley.

Originality/value

Earlier accounting studies using the institutional theory framework of Burns and Scapens did not specifically investigate the role of actors, or their power and status in implementing two different management systems. The collective action frameworks of Gibson and Earley and Lovaglia et al. have not been practically utilized before in EMS and PMS studies. Furthermore, EMS and PMS integration studies have usually been normative without empirical case data.

Details

Journal of Accounting & Organizational Change, vol. 6 no. 2
Type: Research Article
ISSN: 1832-5912

Keywords

Article
Publication date: 6 July 2015

Olatunde Julius Otusanya, Sarah Lauwo, Oluwaseun Joseph Ige and Olunlade Samuel Adelaja

This study aims to contribute to the emerging discourse on elite financial crime, with particular attention devoted to the role played by the legislature in corrupt practices in…

Abstract

Purpose

This study aims to contribute to the emerging discourse on elite financial crime, with particular attention devoted to the role played by the legislature in corrupt practices in Nigeria. Separations of power, watchdog role of legislature and ideologies have become a major influence in democratic system. Legislative power has developed as a means of providing oversight functions over the executives, thereby inhibiting fraudulent practices in governments.

Design/methodology/approach

The paper argues that the political institutional structures embedded with monopoly, discretion and little or no accountability facilitate financial corrupt practices within the legislature. The paper uses publicly available evidence to show that the legislators in developing countries are actively engaged in corrupt practices.

Findings

The evidence provided in this paper shows that separation of power and representative democracy had not brought about transparency and accountability in government activities in Nigeria. Legislature often trade-off their constitutional power and their claim of service to the public interest by engaging in financial criminal practices.

Research limitations/implications

This paper does not set out to provide a comprehensive analysis of political corruption. Instead, it considers the “dark” side of legislative practice by examining the involvement of legislature in facilitating corrupt financial practices in Nigeria.

Practical implications

The inability of the regulators to effectively sanction legislators implicated in corrupt practices suggests that the current institutional and regulatory apparatus are not fully equipped in dealing with the financial criminal activities of legislators.

Social implications

Despite the arrest and prosecution of some legislators, a number of cases are swept under the carpet. Therefore, this paper suggests that Nigeria need to reform its political system and institutions to promote transparency and accountability in government and to build trust in the legislative process.

Originality/value

This paper considers the “dark” side of legislative practice by examining the involvement of legislature in facilitating corrupt financial practices in Nigeria.

Details

Journal of Financial Crime, vol. 22 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Book part
Publication date: 16 October 2007

Victor B. Flatt

This article posits that a more rigorous enforcement of the Constitutional Doctrine of Non-delegation would prevent many of the problems that have been identified with…

Abstract

This article posits that a more rigorous enforcement of the Constitutional Doctrine of Non-delegation would prevent many of the problems that have been identified with benefit–cost analysis. In particular, a rigorous application would prevent administrative agencies from using benefit–cost analysis as a screen to make policy decisions that the agency otherwise wishes to occur. Though the US Courts might have some difficulty in enforcing this notion, it is possible to do, and would greatly help the benefit–cost process, by regulating it to its proper place in an administrative system.

Details

Research in Law and Economics
Type: Book
ISBN: 978-1-84950-455-3

Article
Publication date: 7 October 2013

Nikolay Nikolov

The aim of this article is to formulate and represent some common characteristics about conflict of interest as a global legal occurrence. All the conclusions made here are based…

Abstract

Purpose

The aim of this article is to formulate and represent some common characteristics about conflict of interest as a global legal occurrence. All the conclusions made here are based upon 11 European countries legislations. As do similarities so do differences in every separate legislation give us the reasoning that there is a common European model on conflict of interest. The aim of the article is to provoke a discussion on this topic which is to help creating a new and better European legislation in the field of conflict of interest.

Design/methodology/approach

The basic methods used for writing the article are comparison and analysis on the judicial system concerning conflict of interest in the treated European countries.

Findings

Conflict of interest is extremely important governmental instrument in the fight against corruption and spending funds or using public properties for private purposes. Besides some of the analyzed countries, i.e. Germany, where such an act is treated as a crime according to the criminal code, the conflict of interest is an administrative offence. Finding conflict of interest is a matter in the field of administrative control, so when there is a conflict of interest, it follows that administrative punishment should be enforced. There exists a conjunction between the substantive staff dealing with conflict of interest in much of the mentioned countries. Two main types of finding were described – by a specialized governmental body or by the appointment authority or by some other internal for the departmental system body.

Originality/value

The article claims that conflict of interest aims for higher public trust towards institutions and to consolidate democracy. As far as conflict of interest is often applied when the concern is spending a considerable funds, including supranational, there comes the question for the need of a new supranational legislation. A review was made on the conflict of interest in European countries. Free movement of people, goods and capital in EU boundaries demands a broadening of the existing legislative system.

Details

Journal of Financial Crime, vol. 20 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 1 August 2008

Zulki Khan

The purpose of this paper is to explain the growing importance of design for assembly (DFA) and design for test (DFT) for compact medical electronics products.

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Abstract

Purpose

The purpose of this paper is to explain the growing importance of design for assembly (DFA) and design for test (DFT) for compact medical electronics products.

Design/methodology/approach

The paper discusses compact products based on leading‐edge electronic components such as digital signal processors, radio frequency (RF) and mixed‐signal chips, advanced ball‐grid array, quad flat pack, chip scale package devices.

Findings

Advanced technologies like these create higher component and joint counts and increasing PCB densities. A higher probability of defects and faults is created, which lead to lower yields for a specific product line unless proper effective DFA and DFT are implemented.

Practical implications

The paper details DFA, high‐speed PCB design, mixed‐signal design, and DFT.

Originality/value

With increasing complexity in compact medical products, it is prudent to emphasize DFA and DFT for ultimate reliability during product development and production cycles.

Details

Assembly Automation, vol. 28 no. 3
Type: Research Article
ISSN: 0144-5154

Keywords

11 – 20 of over 22000