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Open Access
Article
Publication date: 5 May 2020

Krishna K. Tummala

This paper focuses on two examples of constitutional corruption in India where the constitution is used for questionable political reasons by the Bharatiya Janata Party under the…

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Abstract

Purpose

This paper focuses on two examples of constitutional corruption in India where the constitution is used for questionable political reasons by the Bharatiya Janata Party under the leadership of Prime Minister Narendra Modi.

Design/methodology/approach

The paper relies on public documents and media reports to analyse Prime Minister Modi's handling of the purchase of Rafale jet fighters from France and the revocation of Articles 370 and 35A which resulted in the division of the State of Jammu and Kashmir.

Findings

Constitutional and democratic norms were violated in both cases, but the Supreme Court did not find any irregularities in the sale of the Rafale jet fighters. The second case is under challenge in the Supreme Court. The analysis reveals how the Modi government has undermined democratic values and used constitutional provisions to pursue its partisan and ideological agenda.

Originality/value

The paper focuses attention on the often neglected topic of constitutional corruption in India.

Details

Public Administration and Policy, vol. 23 no. 1
Type: Research Article
ISSN: 1727-2645

Keywords

Open Access
Article
Publication date: 21 September 2023

Krishna K. Tummala

This paper examines the decline of the largest working parliamentary democracy in India overtime, but accelerating since 2014 as the Bharatiya Janata Party (BJP), under the…

Abstract

Purpose

This paper examines the decline of the largest working parliamentary democracy in India overtime, but accelerating since 2014 as the Bharatiya Janata Party (BJP), under the leadership of Prime Minister Narendra Modi at the Center (as the federal government is commonly known).

Design/methodology/approach

It is eclectic. Original constitution, along with commentaries, are studied. News outlets, government pronouncements, journal articles, and other media outlets — electronic and print — are also sourced.

Findings

The findings show how three important features in democracy — elections and their outcomes, control of information, and suppression of dissent are widely used to undermine constitutional democracy.

Originality/value

Democracy can be undermined without altering the Constitution itself. It also explains the irony of Modi’s popularity, given the undemocratic practices. As he may continue in office for some time to come, commanding a log-rolling majority, the need of the hour is a united, constructive and effective opposition to ensure a healthy working democracy.

Details

Public Administration and Policy, vol. 26 no. 3
Type: Research Article
ISSN: 1727-2645

Keywords

Open Access
Article
Publication date: 13 January 2021

Jessika Eichler and Sumit Sonkar

The CoViD-19 pandemic has brought about a panoply of institutional challenges both domestically and in the international arena. Classical constitutional theory thereby underwent a…

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Abstract

Purpose

The CoViD-19 pandemic has brought about a panoply of institutional challenges both domestically and in the international arena. Classical constitutional theory thereby underwent a reinvention by the executive for the sake of speedy policy action and to the detriment of institutional control while favouring authoritarian forms of governance. This paper concerns itself with institutional responses to such developments, placing emphasis on the role of the judiciary and people*s in contesting emergency decrees and other executive orders, especially where fundamental rights are infringed upon. The paper aims to explore the difficulties arising with exerting absolute executive powers during the health crisis, the respective role assumed by constitutional courts and the impact of the new governance paradigm on forms of public contestation, also as a means of quasi institutional control.

Design/methodology/approach

Indeed, the right to health may be translated into political discourse and become foundational to security and public interest paradigms. This may result in a shrinking public space given the constraints to the freedom of movement. In the name of public safety, the (collective) right to assembly, expression and protest have been submitted to major limitations in that regard.

Findings

Ultimately, this re-opens debates on the meaning of absolute rights and contextualities of derogations, as well as the reconcilability of civil and political rights and economic, social and cultural rights. It also exposes social inequalities, social justice dimensions and vulnerabilities, often exacerbated by the health crisis; migrant rights demonstrably face particularly severe and intersectional forms of violations.

Originality/value

Particular values lie with the interdisciplinary approach embraced in this paper; the authors draw on a variety of social sciences disciplines to shed light on this very current issue. Both theoretical and empirical methods are used and combined here, making sense of the underlying logic of virus governance and its impacts on fundamental rights.

Details

Review of Economics and Political Science, vol. 6 no. 1
Type: Research Article
ISSN: 2356-9980

Keywords

Open Access
Book part
Publication date: 30 April 2019

S. J. Oswald A. J. Mascarenhas

Rights and duties are involved in every area of business and markets, and society and governments. Most often, rights and duties involve serious ethical and moral issues of…

Abstract

Executive Summary

Rights and duties are involved in every area of business and markets, and society and governments. Most often, rights and duties involve serious ethical and moral issues of conflict. A good theory of the ethics of rights and duties, obligations, and responsibilities will empower us to understand the impact of our actions on various stakeholders. Additionally, a deep understanding of rights and duties could help us to analyze better the impact of our executive actions on various stakeholders and, in particular, to fathom the damaging effects of rights and duties violated by the man-made current financial crisis when seen from an ethical and moral point of view. Our coverage on the ethics of corporate rights and duties will comprise of two parts: Part 1: The Nature of Corporate Business Rights and Duties, and Part 2: Respecting Corporate Rights and Duties. The chapter will feature Newcomb Wellesley Hohfeld’s framework of legal interests such as claims, privileges, power, and immunity and its various applications to contemporary market and corporate executive situations. We illustrate the theory of rights and duties using several cases from the current turbulent markets.

Details

Corporate Ethics for Turbulent Markets
Type: Book
ISBN: 978-1-78756-192-2

Open Access
Article
Publication date: 6 May 2014

Rachel Spacey, Louise Cooke, Adrienne Muir and Claire Creaser

The purpose of this paper is to review current knowledge, research and thinking about the difficulties facing public libraries offering internet access to their users in ensuring…

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Abstract

Purpose

The purpose of this paper is to review current knowledge, research and thinking about the difficulties facing public libraries offering internet access to their users in ensuring legally compliant and non-offensive use of this facility whilst still adhering to the professional value of freedom of access to information.

Design/methodology/approach

A range of recently published sources (1997-2013) relating to the technical and organisational measures used to manage public internet access primarily in public libraries in the UK with some limited international examples were reviewed and analysed. This work was undertaken as the underpinning research for an AHRC-funded project, MAIPLE (Managing Access to the internet in Public Libraries).

Findings

The provision of public internet access is a well-established component of the role of public libraries, but is seen as a potential problem due to the possibility of misuse, and it appears that simplistic technical solutions have disappointed. Legislation increases the need for more effective solutions that can provide a balance between the need for legal compliance, a welcoming environment for users, and the protection of key freedoms. A range of measures are being adopted worldwide in response to this dilemma.

Originality/value

Research exploring internet access in public libraries and its management in the UK is numerically small and much of it dates back to the start of the twenty-first century. This review presents a comprehensive analysis of the available literature and is of relevance to practitioners and academics in the fields of public librarianship.

Details

Journal of Documentation, vol. 70 no. 3
Type: Research Article
ISSN: 0022-0418

Keywords

Open Access
Article
Publication date: 11 October 2022

Randah R Hamadeh, Maha AlSabbagh, Afaf Mubarak Bugawa, Adel Kamal, Fuad Ali, Ghada Abdulla Al Bufalasa and Tarik AlShaibani

The study will inform relevant workplace gendered policies at the university and other academic institutions.

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Abstract

Purpose

The study will inform relevant workplace gendered policies at the university and other academic institutions.

Design/methodology/approach

A cross -sectional study was conducted on all the Arabian Gulf University full-time employees during the COVID-19 pandemic, in June 2021. A questionnaire was sent to the employees requesting data that included sociodemographic data, living conditions, psychological status, social aspects, work productivity and satisfaction. The generalized anxiety disorder questionnaire (GAD-7) was used to screen for anxiety.

Findings

Gender disparity was noted in the increase of responsibilities at home and towards young children, and in stress and anxiety. Women’s reductions in peer (90.7%) and social (88%) interactions were higher than among males (81.8%, 73%, respectively). There was a narrow gender gap in work productivity and workload. More males reported that the university was concerned about its employees during COVID-19 and were satisfied with the measures taken. There was a gender disparity with respect to superiors periodically checking if the workload was manageable and discussing the mental health and well-being of the employees.

Research limitations/implications

Future research directions may focus on how gender impacts the perception and response to crises in higher education in Arab countries.

Originality/value

This is one of the few studies in the region that examined the gendered psychosocial impact of COVID-19 and productivity in the workplace using a higher education institution as an example.

Details

Arab Gulf Journal of Scientific Research, vol. 40 no. 4
Type: Research Article
ISSN: 1985-9899

Keywords

Open Access
Book part
Publication date: 12 December 2023

Logan Crace, Joel Gehman and Michael Lounsbury

Reality breakdowns generate reflexivity and awareness of the constructed nature of social reality. These pivotal moments can motivate institutional inhabitants to either modify…

Abstract

Reality breakdowns generate reflexivity and awareness of the constructed nature of social reality. These pivotal moments can motivate institutional inhabitants to either modify their social worlds or reaffirm the status quo. Thus, reality breakdowns are the initial points at which actors can conceive of new possibilities for institutional arrangements and initiate change processes to realize them. Studying reality breakdowns enables scholars to understand not just how institutional change occurs, but also why it does or does not do so. In this paper, we investigate how institutional inhabitants responded to a reality breakdown that occurred during our ethnography of collegial governance in a large North American university that was undergoing a strategic change initiative. Our findings suggest that there is a consequential process following reality breakdowns whereby institutional inhabitants construct the severity of these events. In our context, institutional inhabitants first attempted to restore order to their social world by reaffirming the status quo; when their efforts failed, they began to formulate alternative possibilities. Simultaneously, they engaged in a distributed sensemaking process whereby they diminished and reoriented necessary changes, ultimately inhibiting the formulation of these new possibilities. Our findings confirm reality breakdowns and institutional awareness as potential drivers of institutional change and complicate our understanding of antecedent microprocesses that may forestall the initiation of change efforts.

Details

Revitalizing Collegiality: Restoring Faculty Authority in Universities
Type: Book
ISBN: 978-1-80455-818-8

Keywords

Open Access
Article
Publication date: 31 December 2008

Christophe Theys, Dong Keun Ryoo and Theo Notteboom

This paper presents a generic framework on port logistics development and its interaction with hinterland regions. Although earlier work on the topic (e.g. by Ferrari et al.…

Abstract

This paper presents a generic framework on port logistics development and its interaction with hinterland regions. Although earlier work on the topic (e.g. by Ferrari et al., 2006; Kuipers and Eenhuizen, 2004) offers valuable insights in the subject, it contains limitations in geographical applicability. Ports indeed face dissimilarities in, for instance, locational characteristics (a.o. distance from the sea and nautical accessibility) and hinterland connections. Only when a model for determining seaport-located logistics activities takes into account these issues of dissimilarity among ports, the framework could be applied to a variety of seaport ranges worldwide. In this paper we aim to provide a first version of such a framework. More particularly, by means of a survey conducted in the Port of Busan the shortcomings of traditional approaches are illustrated. We then propose a more encompassing model, which seems to explain fairly well the attractiveness of Busan in terms of logistics activities. This framework explicitly adds port and hinterland characteristics to the list of factors decisive in the choice of the location of logistics activities. Finally, we would like to remark that our research on this topic is still ongoing and results for surveys planned in New York and Antwerp will be reported in a later stage.

Details

Journal of International Logistics and Trade, vol. 6 no. 2
Type: Research Article
ISSN: 1738-2122

Keywords

Open Access
Article
Publication date: 24 June 2022

Jennifer E. James, Meghan Foe, Riya Desai, Apoorva Rangan and Mary Price

The purpose of this paper is to provide a historical overview of compassionate release policies in the USA and describe how these policies have been used during the COVID-19…

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Abstract

Purpose

The purpose of this paper is to provide a historical overview of compassionate release policies in the USA and describe how these policies have been used during the COVID-19 pandemic. The authors then describe how these programs have been shaped by COVID-19 and could be reimagined to address the structural conditions that make prisons potentially life limiting for older adults and those with chronic illness.

Design/methodology/approach

This paper is primarily descriptive, offering an overview of the history of compassionate release policies before and during the COVID-19 pandemic. The authors augmented this description by surveying state Departments of Corrections about their utilization of compassionate release during 2019 and 2020. The findings from this survey were combined with data collected via Freedom of Information Act Requests sent to state Departments of Corrections about the same topic.

Findings

The findings demonstrate that while the US federal prison system saw a multifold increase in the number of individuals released under compassionate release policies in 2020 compared to 2019, most US states had modest change, with many states maintaining the same number, or even fewer, releases in 2020 compared with 2019.

Originality/value

This paper provides both new data and new insight into compassionate release utilization during the COVID-19 pandemic and offers new possibilities for how compassionate release might be considered in the future.

Details

International Journal of Prisoner Health, vol. 19 no. 1
Type: Research Article
ISSN: 1744-9200

Keywords

Open Access
Article
Publication date: 16 March 2021

Haithem Kader

This study argues that in order to address the problems associated with the modern market economy at their core, such as persistent poverty, growing inequality and environmental…

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Abstract

Purpose

This study argues that in order to address the problems associated with the modern market economy at their core, such as persistent poverty, growing inequality and environmental degradation, it is imperative to re-assess the well-being and moral philosophy underpinning economic thinking. The author attempts to offer a preliminary way forward with reference to the Islamic intellectual tradition.

Design/methodology/approach

This study employs content analysis of classical and contemporary Islamic texts on human well-being and economic ethics to derive a conceptual well-being model. The paper is structured in four sections: section one provides an overview of relevant secondary literature on moral economic approaches; section two outlines the main well-being frameworks; section three discusses the concept of human well-being in Islam informed by the Islamic worldview of tawḥīd, the Islamic philosophy of saʿādah, and the higher objectives of Islamic Law (maqās.id al-Sharīʿah); and finally, section four discusses policy implications and next steps forward.

Findings

A conceptual model of human well-being from an Islamic perspective is developed by integrating philosophical insights of happiness (saʿādah) with an objective list of five essential goods: religion (Dīn), self (Nafs), intellect ('Aql), progeny (Nasl) and wealth (Māl) that correspond to spiritual, physical and psychological, intellectual, familial and social, and material well-being, respectively.

Research limitations/implications

Further research is needed to translate this conceptual model into a composite well-being index to inform policy and practice.

Practical implications

This model can be used to review the performance of the Islamic finance sector, not solely in terms of growth and profitability, but in terms of realising human necessities, needs and refinements. It can also provide the basis for the Organisation of Islamic Co-operation (OIC) countries to jointly develop a well-being index to guide national and regional co-operation. More generally, this study highlights the need for research in Islamic economics to be more firmly rooted within Islamic ontology and epistemology, while simultaneously engaging in productive dialogue with other moral schools of economic thought to offer practical solutions to contemporary challenges.

Originality/value

This study offers three aspects of originality. First, by outlining well-being frameworks, it highlights key differences between the utilitarian understanding of well-being underpinning modern economic theory and virtue-based understandings, such as the Aristotelian, Christian and Islamic approaches. Second, it provides a well-being model from an Islamic perspective by integrating the Islamic worldview of tawḥīd, the Islamic philosophy of saʿādah, and the higher objectives of Islamic Law (maqāṣid al-Sharīʿah). Third, it proposes an ethical framework for informing economic policy and practice.

Details

Islamic Economic Studies, vol. 28 no. 2
Type: Research Article
ISSN: 1319-1616

Keywords

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