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Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…

3514

Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

9274

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 8 June 2021

S. Sian and Stewart Smyth

The aim of this paper is to examine the changed nature of public accountability during a supreme emergency and explore how legal and auditing mechanisms have come to the fore…

1794

Abstract

Purpose

The aim of this paper is to examine the changed nature of public accountability during a supreme emergency and explore how legal and auditing mechanisms have come to the fore, concluding that misappropriation of public monies is not an inevitable outcome.

Design/methodology/approach

The paper explores an illustrative example, the UK government's procurement of personal protective equipment during the early stages of the Covid-19 pandemic.

Findings

In circumstances of a supreme emergency where parliamentary scrutiny and competitive contract tendering are suspended, other forms of public accountability come to the fore, with civil society actors becoming more evident.

Research limitations/implications

The paper relies on illustrative examples based on the Westminster model of government. The study advanced the notion of deferred accountability and identifies areas for further study, potentially in different jurisdictions.

Social implications

The paper highlights the need for a variety of active and engaged civil society actors.

Originality/value

The paper contributes an empirical case to how an account of government behaviour is established. The paper also contributes to a deeper understanding of the nature and role of legal and government audit accountability mechanisms.

Details

Accounting, Auditing & Accountability Journal, vol. 35 no. 1
Type: Research Article
ISSN: 0951-3574

Keywords

Article
Publication date: 1 March 1999

Conan Becknell, G. Larry Mays and Dennis M. Giever

Police officers frequently receive criticism for excessive use of force and, at times, the criticism becomes litigation. The use of excessive force is manifest in areas such as…

3574

Abstract

Police officers frequently receive criticism for excessive use of force and, at times, the criticism becomes litigation. The use of excessive force is manifest in areas such as the unauthorized use of firearms and the videotaped and much publicized beating of motorist Rodney King. However, recently police scholars and practitioners have come to realize that the use of police vehicle pursuits also have the potential to become deadly force. This issue is appearing with increasing frequency and it has resulted in the case of Sacramento County et al. v. Lewis being appealed to and decided by the US Supreme Court. This article analyzes the consequences of police departments having more, or less, restrictive policies in regard to police vehicle pursuits. Different elements of policy restrictiveness also are examined.

Details

Policing: An International Journal of Police Strategies & Management, vol. 22 no. 1
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 13 July 2010

Mohammed Awal Hossain Mollah

The aim of this paper is to analyze the role of the judiciary in ensuring legal accountability of government officials and its impact on governance in the context of Bangladesh…

Abstract

Purpose

The aim of this paper is to analyze the role of the judiciary in ensuring legal accountability of government officials and its impact on governance in the context of Bangladesh. Although, the judicial system of Bangladesh comprises Supreme Court, subordinate courts and tribunals. However, this study focuses Supreme Court only to keep the study in a manageable extent.

Design/methodology/approach

The study is qualitative in nature and based on content analysis. Dhaka Law Report (DLR), which is a monthly published report on case laws[1] decided by the Supreme Court has been selected as content for this study. Some case laws selected from DLR (2004‐2008) were analyzed using purposive sampling method, with a view to evaluating the effectiveness of judiciary (as an external but formal mechanism of accountability) in accountability of government administration and management and its impact on overall governance.

Findings

The most important finding of this paper is that the judiciary is very effective for ensuring legal accountability of government officials, which ultimately contributes to human rights and good governance. However, a major problem found was that until and unless an affected person files a case against a government authority, maintaining the required procedures of judiciary, it (the judiciary) has no scope to settle any disputes. Though there is a provision of Suo Muto (by own initiative) rule of the Supreme Court, this practice is very rare in Bangladesh. Furthermore, the executive is responsible for implementing the verdict of the judiciary. Therefore, if the government has not enough respect for, or does not care to implement judiciary's verdict, justice and rule of law will not be ensured. This study also found some cases like this.

Research limitations/implications

This work does not address detailed issues of governance and is not based on empirical data.

Practical implications

This is a mixed study of judiciary and public administration, which is very rare in Bangladesh. Therefore, it will be brought into line with current practice by the concerned researchers and policy makers in public administration and judiciary.

Originality/value

This paper will be of interest to legal practitioners, policy makers, academicians and those in the field of governance.

Details

International Journal of Law and Management, vol. 52 no. 4
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 8 November 2011

Bishawjit Mallick and Joachim Vogt

This paper aims to discuss issues related to disaster mitigation planning provisions in Bangladesh, one of the most disaster‐prone countries in Asia. It seeks to concentrate on…

1024

Abstract

Purpose

This paper aims to discuss issues related to disaster mitigation planning provisions in Bangladesh, one of the most disaster‐prone countries in Asia. It seeks to concentrate on the issues related to the role of local groups in establishing cyclone shelters.

Design/methodology/approach

In February 2008, a field study was conducted in the Southwest coastal region of Bangladesh. Combining the most recent empirical data, the location of cyclone shelters and the social supremacy structure are explored in this paper. Vulnerability due to infrastructure is defined here on the basis of available infrastructural facilities i.e. cyclone shelters, by using catchment area analysis in the geographical information system (GIS) software ArcGIS. The paper bases its argument on the assumption that the location of an infrastructure item like a cyclone shelter is dependent on the influential and motivational power of local elites and not on the necessity of the deprived people. Vulnerability, from this perspective, is interpreted in this study as a result of socio‐political supremacy in establishing cyclone shelters in coastal regions of Bangladesh.

Findings

The results indicate that locally supreme groups are located the closest to the cyclone shelter and may control local‐level disaster mitigation planning.

Research limitations/implications

The paper outlines the “social supremacy” concept based on one rural union and the communication rationalities of the general people. Both describe the ways of identification, the social spectrum of public interests as well as the decision‐making process in rural Bangladesh.

Originality/value

The paper contains valuable information regarding rural society and its socio‐political structure as well as planning problems in coastal Bangladesh.

Details

Disaster Prevention and Management: An International Journal, vol. 20 no. 5
Type: Research Article
ISSN: 0965-3562

Keywords

Article
Publication date: 1 March 1997

Rebecca Davis

Discusses the origin, the purposes, and the development of the Exclusionary Rule and the good faith exception to the rule with special emphasis on the now defunct HR666…

381

Abstract

Discusses the origin, the purposes, and the development of the Exclusionary Rule and the good faith exception to the rule with special emphasis on the now defunct HR666 (Exclusionary Rule Reform Act, 1995), which would have allowed the admission of evidence not now admissible under the currently recognized exceptions of the rule. Proposes that the judicially created exceptions to the rule have been excessive and suggests that police officers are tempted to violate intentionally the warrant rule, so causing innocent persons to be caught in the net.

Details

Policing: An International Journal of Police Strategies & Management, vol. 20 no. 1
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 1 March 1993

Ernest Raiklin

Attempts to discover an internal logic in the high‐speed eventstaking place in the former Soviet Union. In addressing the problems ofthe country′s disintegration, examines the…

553

Abstract

Attempts to discover an internal logic in the high‐speed events taking place in the former Soviet Union. In addressing the problems of the country′s disintegration, examines the issue in its socioeconomic, political and territorial‐administrative aspects. Analyses, for this purpose, the nature of Soviet society prior to Gorbachev′s reforms, its present transitional stage and its probable direction in the near future.

Details

International Journal of Social Economics, vol. 20 no. 3/4
Type: Research Article
ISSN: 0306-8293

Keywords

Content available
Article
Publication date: 15 March 2017

Poomintr Sooksripaisarnkit

The purpose of this study is to review the reasoning of the judgment of the United Kingdom Supreme Court in Versloot Dredging BV and another (Appellants) v. HDI Gerling Industrie

1985

Abstract

Purpose

The purpose of this study is to review the reasoning of the judgment of the United Kingdom Supreme Court in Versloot Dredging BV and another (Appellants) v. HDI Gerling Industrie Versichering AG and Others (Respondents) [2016] UKSC 45 in finding that there is no remedy or sanction for the use of fraudulent devices (so-called “collateral lies”) in insurance claims and to consider potential implications for underwriters.

Design/methodology/approach

The methodology is a typical case law analysis starting from case facts and the reasoning with short comments on legal implications.

Findings

Despite no sanction provided by law for the use of fraudulent devices, the room still opens for the underwriters to stipulate the consequence of using the fraudulent devices by the express term in the insurance contract.

Research limitations/implications

The main implication from the judgment is that underwriters are likely to incur more investigating costs for insurance claims.

Originality/value

This work raises awareness of the marine insurance industry (especially underwriters) as to the approach of the English law towards the use of fraudulent devices.

Details

Maritime Business Review, vol. 2 no. 1
Type: Research Article
ISSN: 2397-3757

Keywords

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

1 – 10 of 334