Search results for: Colombian constitutional court

Authors: Joshua Garba Dodo

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Corruption has become endemic in Nigeria, affecting almost all facets of the society, thereby thwarting the effort of national development. The thrust of this paper, therefore, is to see how corruption can be brought to its barest minimum if not totally eradicated using social studies and other agents of socialization. In doing that, the paper defines the concepts of corruption, social studies, and socialization. Discourse on the causes of corruption and the effect on national development is made. The paper examines the role of social studies, family, and the mass media in tackling corruption. The paper also asserts that if an aggressive campaign is mounted by the mass media as a way of supporting the present government in her effort to solve the corruption problem in the country, it will help in changing the psyche of the citizenry about corruption. Finally, the paper recommends, among others, that families and communities should sanction their sons and daughters involved in corrupt practices if proven by a competent court of law.

Keywords: corruption, social studies, family, mass media, socialization

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Authors: Clemens Pizzinini, Philipp Rosner, David Ziegler, Markus Lienkamp

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Transportation is a constitutional part of most supply and value chains in modern economies. Smallholder farmers in rural Ethiopia face severe challenges along their supply and value chains. In particular, suitable, affordable, and available transport services are in high demand. To develop a context-specific technical solutions, a problem-to-solution methodology based on the interaction with technology is developed. With this approach, we fill the gap between proven transportation assessment frameworks and general user-centered techniques. Central to our approach is an electric test vehicle that is implemented in rural supply and value chains for research, development, and testing. Based on our objective and the derived methodological requirements, a set of existing methods is selected. Local partners are integrated into an organizational framework that executes major parts of this research endeavour in the Arsi Zone, Oromia Region, Ethiopia.

Keywords: agricultural value chain, participatory methods, agile methods, sub-Saharan Africa, Ethiopia, electric vehicle, transport service

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Authors: Samaila Liman Gamba

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This paper discussed the importance of good governance and its impact on the socio-economic and political development of African countries and, conversely, its underdevelopment and consequent stagnation. The study employed the use of quantitative and descriptive methods of collecting secondary data. The system analysis approach was also adopted as the theoretical framework. It is a global system, but it is also used to analyze the place of regions and single states within it. The study showed that political leadership in Africa based on empirical observation and documented evidence since the hard-won political independence from colonial Europe has become one of Africa’s sources of problems confronting the states and their resources became the primary purpose of political contestation and the establishment of a political culture based on ethnicity and authoritarian pattern of governance. The solution is for African leaders to learn and imbibe the leadership qualities of the late Nelson Mandela, Nyerere and Kwame Nkrumah, who carried their citizens along and were devoid of ethnicity and personal aggrandizement. They sacrificed their lives for their countrymen and fought against imperialism and are counted as patriots.

Keywords: political leadership, African development, constitutional democracy, power and resource control

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Authors: Franziska Kaiser, Alexander Cuntz

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When copyrighted comic characters are also protected under trademark laws, intellectual property (IP) rights can overlap. Arguably, registering a trademark can increase transaction costs for cross-media uses of characters, or it can favor advertise across a number of sales channels. In an application to book, movie, and video game publishing industries, we thus ask how creative reuse is affected in situations of overlapping rights and whether ‘fuzzy boundaries’ of right frameworks are, in fact, enhancing or decreasing content sales. We use a major U.S. Supreme Court decision as a quasi-natural experiment to apply an IV estimation in our analysis. We find that overlapping rights frameworks negatively affect creative reuses. At large, when copyright-protected comic characters are additionally registered as U.S. trademarks, they are less often reprinted and enter fewer video game productions while generating less revenue from game sales.

Keywords: copyright, fictional characters, trademark, reuse

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Authors: Abderrahim El Maslouhi

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The paper aims to analyze an often-overlooked dimension of global constitutionalism, which is the rise of the regulatory state and its impact on parliamentary dynamics in transition regimes. In contrast to Majone’s technocratic vision of convergence towards a single regulatory system based on competence and efficiency, national transpositions of regulatory governance and, in general, the relationship to global standards primarily depend upon a number of distinctive parameters. These include policy formation process, speed of change, depth of parliamentary tradition and greater or lesser vulnerability to the normative conditionality of donors, interstate groupings and transnational regulatory bodies. Based on a comparison between three post-Arab Spring countries -Morocco, Tunisia, and Egypt, whose constitutions have undergone substantive review in the period 2011-2014- and some European Union state members, the paper intends, first, to assess the degree of permeability to global constitutionalism in different contexts. A noteworthy divide emerges from this comparison. Whereas European constitutions still seem impervious to the lexicon of global constitutionalism, the influence of the latter is obvious in the recently drafted constitutions in Morocco, Tunisia, and Egypt. This is evidenced by their reference to notions such as ‘governance’, ‘regulators’, ‘accountability’, ‘transparency’, ‘civil society’, and ‘participatory democracy’. Second, the study will provide a contextual account of internal and external rationales underlying the constitutionalization of regulatory governance in the cases examined. Unlike European constitutionalism, where parliamentarism and the tradition of representative government function as a structural mechanism that moderates the de-parliamentarization effect induced by global constitutionalism, Arab constitutional transitions have led to a paradoxical situation; contrary to the public demands for further parliamentarization, the 2011 constitution-makers have opted for a de-parliamentarization pattern. This is particularly reflected in the procedures established by constitutions and regular legislation, to handle the interaction between lawmakers and regulatory bodies. Once the ‘constitutional’ and ‘independent’ nature of these agencies is formally endorsed, the birth of these ‘fourth power’ entities, which are neither elected nor directly responsible to elected officials, will raise the question of their accountability. Third, the paper shows that, even in the three selected countries, the de-parliamentarization intensity is significantly variable. By contrast to the radical stance of the Moroccan and Egyptian constituents who have shown greater concern to shield regulatory bodies from legislatures’ scrutiny, the Tunisian case indicates a certain tendency to provide lawmakers with some essential control instruments (e. g. exclusive appointment power, adversarial discussion of regulators’ annual reports, dismissal power, later held unconstitutional). In sum, the comparison reveals that the transposition of the regulatory state model and, more generally, sensitivity to the legal implications of global conditionality essentially relies on the evolution of real-world power relations at both national and international levels.

Keywords: Arab legislatures, de-parliamentarization, global constitutionalism, normative conditionality, regulatory state

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Authors: Adeola Ayodele Oluwabiyi

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The study undertook an in depth examination of the relevant sections of the Nigerian Constitution and the Central Bank of Nigeria (CBN) Act as it relates to the appointment and removal of the CBN Governor; It analysed the Constitutional issues that arose from the removal of the immediate past Governor of the CBN; and made recommendations as appropriate. The study relied on primary and secondary sources of information. The primary sources included the Constitution of the Federal Republic of Nigeria, Statutes, Conventions and Judicial decisions, while the secondary sources included Books, Journals Articles, Newspapers and Internet Materials. The study revealed that the removal of the CBN Governor was not in accordance with the Nigerian Constitution and the CBN Act that Guarantee such. It also revealed some of the arguments in support of the removal. The study concluded that the removal of the immediate past Governor of CBN was an outright disregard for the rule of law. The study concluded that if Government treat the laws in question with levity and contempt the confidence of the citizens in such government will be seriously eroded and the effect of that will be the beginning of anarchy in replacement of the rule of law. It could also have serious economic implications on the economy of any nation.

Keywords: central bank, governor, laws, Nigeria

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Authors: Ricardo Andrés Márquez Ortiz

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Objective. The objective of this literature review is to compile updated information from studies that have addressed the association between dental pathologies and diet in prehistoric populations of the equatorial Pacific coast. Materials and method. The research carried out corresponds to a documentary study of ex post facto retrospective, historiographic and bibliometric design. A bibliographic review search was carried out in the libraries of the Colombian Institute of Anthropology and History (ICANH) and the National University of Colombia for books and articles on the archeology of the region. In addition, a search was carried out in databases and the Internet for books and articles on dental anthropology, archeology and dentistry on the relationship between dental pathologies and diet in prehistoric and current populations from different parts of the world. Conclusions. The complex societies (500 BC - 300 AD) of the equatorial Pacific coast used an agricultural system of intensive monoculture of corn (Zea mays). This form of subsistence was reflected in an intensification of dental pathologies such as dental caries, dental abscesses generated by cavities, and enamel hypoplasia associated with a lower frequency of wear. The Upper Formative period (800 A.D. -16th century A.D.) is characterized by the development of polyculture, slash-and-burn agriculture, as an adaptive agricultural strategy to the ecological damage generated by the intensive economic activity of complex societies. This process leads to a more varied diet, which generates better dental health.

Keywords: dental pathologies, nutritional diet, equatorial pacific coast, dental anthropology

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Authors: Sergio Zabala-Vargas, Miguel Jiménez-Barrera, Luz VArgas-Sánchez

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In recent years, information related to project management in organizations has been increasing exponentially. Performance data, management statistics, indicator results have forced the collection, analysis, traceability, and dissemination of project managers to be essential. In this sense, there are current trends to facilitate efficient decision-making in emerging technology projects, such as: Machine Learning, Data Analytics, Data Mining, and Big Data. The latter is the most interesting in this project. This research is part of the thematic line Construction methods and project management. Many authors present the relevance that the use of emerging technologies, such as Big Data, has taken in recent years in project management in the construction sector. The main focus is the optimization of time, scope, budget, and in general mitigating risks. This research was developed in the northeastern region of Colombia-South America. The first phase was aimed at diagnosing the use of emerging technologies (Big-Data) in the construction sector. In Colombia, the construction sector represents more than 50% of the productive system, and more than 2 million people participate in this economic segment. The quantitative approach was used. A survey was applied to a sample of 91 companies in the construction sector. Preliminary results indicate that the use of Big Data and other emerging technologies is very low and also that there is interest in modernizing project management. There is evidence of a correlation between the interest in using new data management technologies and the incorporation of Building Information Modeling BIM. The next phase of the research will allow the generation of guidelines and strategies for the incorporation of technological tools in the construction sector in Colombia.

Keywords: big data, building information modeling, tecnology, project manamegent

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Authors: Meaghan Bowman

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Microblogging has become increasingly popular for commenting on current events, spreading gossip, and encouraging individualism--which favors its low-context communication channel. These social media (SM) platforms allow users to express opinions while interacting with a wide range of populations. Hashtags allow immediate identification of like-minded individuals worldwide on a vast array of topics. The output of the analytic tool, Linguistic Inquiry and Word Count (LIWC)--a program that associates psychological meaning with the frequency of use of specific words--may suggest the nature of individuals’ internal states and general sentiments. When applied to groupings of SM posts unified by a hashtag, such information can be helpful to community leaders during periods in which the forming of public opinion happens in parallel with the unfolding of political, economic, or social events. This is especially true when outcomes stand to impact the well-being of the group. Here, we applied the online tools, Google Translate and the University of Texas’s LIWC, to a 90-posting sample from a corpus of Colombian Spanish microblogs. On translated disjoint sets, identified by hashtag as being authored by advocates of voting “No,” advocates voting “Yes,” and entities refraining from hashtag use, we observed the value of LIWC’s Tone feature as distinguishing among the categories and the word “peace,” as carrying particular significance, due to its frequency of use in the data.

Keywords: Colombia peace referendum, FARC, hashtags, linguistics, microblogging, social media

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Authors: Brian Smith

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This paper seeks to contrast the contemporary anti-immigration rhetoric since the US pullout of Afghanistan with the debate about enemy aliens in the early modern period. In the seventeenth century, Sir Edward Coke declared that “infidels” should be seen as perpetui inimici (perpetual enemies) since their values were inimical to those of Christian states. As such, they could be perpetually excluded and denied legal standing. Even at that time, these anti-“infidel” arguments clashed with the natural law tradition of hospitality, which assumed that states had a moral responsibility to admit and care for strangers. In particular, this paper looks at the conflict between Hugo Grotius, Samuel Pufendorf, and John Locke. Grotius argues that states have a duty to admit foreigners. He goes out of his way to plan for the admittance of Jewish immigrants. In contrast, Pufendorf claimed that sovereigns had a duty exclude foreigners who would alter the constitutional character of the state. Much like Grotius, Locke argued that non-Christian peoples should be treated as friends and admitted without reservation.

Keywords: enemy aliens, perpetual enemies, hospitality, refugees

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Authors: Saul Emilio Rivero Mejia, Estefanya Marin Tabares, Carlos Andres Rodriguez Toro, Katherine Bolano Restrepo, Sarita Santa Cortes

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Medellin is the Colombian city with the best public transportation system in the country, which is composed of two subway lines, five metro cables, two Bus Rapid Transit lines, and a streetcar. But despite the above, the Aburra Valley, the area in which the city is located, comparatively speaking, has a lower number of urban roads per inhabitant built, compared to the national average. In addition, since there is approximately one vehicle for every three inhabitants in Medellin, the problems of congestion and environmental pollution have become more acute over the years, and it has even been necessary to implement restrictive measures to the use of private vehicles on a permanent basis. In that sense, due to the limitations of physical space, the low public investment in road infrastructure, it is necessary to opt for mobility alternatives according to the above. Within the options for the city, there is what is known as micromobility. Micromobility is understood as those small and light means of transport used to travel short distances, which use electrical energy, such as skateboards and bicycles. These transport alternatives have a high potential for use by the city's young population, but this requires an adequate infrastructure and also state regulation. Taking into account the above, this paper will analyze the current state and future of micro mobility in the city of Medellin, making a prospective analysis, supported by a PEST (political, economic, social and technological) analysis. Based on the above, it is expected to identify the growth of demand for these alternative means and its impact on the mobility of the city in the medium and short term.

Keywords: electric, micromobility, transport, sustainable

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Authors: Hamza Iftikhar

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The research study focuses on the transgender community's gender recognition challenges. It is one of the issues for the transgender community, interacting directly with the difficulties of gender identity and the lives of these people who are facing gender disapproval from society. This study investigates the major flaws of the transgender act. The study's goal is to look into the strange implications of self-perceived identity as a policy tool for transgender recognition. This policy tool jeopardises the rights of Pakistan's indigenous gender-variant people as well as the country's legal and social framework. Qualitative research using semi structured interviews will be carried out. This study proposes developing a scheme for mainstreaming gender-variant people on the basis of the Pakistani Constitution, Supreme Court guidelines, and internationally recognised principles of law. This would necessitate a thorough review of current law using a new approach and reference point.

Keywords: transgender act, self perceived identity, gender variant, policy tool

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Authors: Hebert Sihle Ntuli

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Traditional cultural practices mirror or replicate the values and beliefs held by members of the community. Throughout the world, every social grouping has specific traditional practices, some of which are beneficial to all, while others have become harmful to specific group such as women. Like in some African states, these traditional cultural practices are performed in South Africa and are violating women’s rights. Women’s rights are human rights. The South African Constitution is one of the most progressive in the world, and notable includes the Bill of Rights which provides protection of socio-economic and cultural rights. Cultural rights are protected in Section 30 and 31 of the constitution, although such protection is not without limitation. This highly complex interplay and competition between human rights and cultural rights, which are manifested through cultural practices, is the golden thread that traces through this paper. The paper argues that there is conflict and the lack of balance between diverse cultural and legal or constitutional framework which promotes the value of human dignity and equality, especially for women. These practices are reviewed in connection with the South African government laws. This work adopted qualitative research method.

Keywords: cultural practices, conflict, South African constitution, laws

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Authors: Sonia Mannan, M. Jobair Alam

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The concept of palliative care in Bangladesh largely remained limited to the sympathetic caring of patients with a life-limiting illness. Quality of Life (QoL) issues are rarely practiced in Bangladesh. Furthermore, palliative medicine, in the perspective of holistic palliative care service, does not have its proper recognition in Bangladesh. Apart from those socio-medical aspects, palliative care patients face legal issues that impact their quality of life, including access to health services and social benefits and dealing with other life-transactions of the patients and their families (such as disposing of property; planning for children). This paper is an attempt to articulate these legal dimensions of the right to palliative care in the context of Bangladesh. The major focus of this paper will be founded on the doctrinal analysis of the constitutional provisions and other relevant legislation on the right to health and their judicial interpretation, which is argued to offer a meaningful space for the right to palliative care. This paper will also investigate the gaps in the said legal framework to better secure such care. In conclusion, a few recommendations are made so that the palliative care practices in Bangladesh are better aligned with international standards, and it can respond more humanely to the patients who need palliative care.

Keywords: Bangladesh, constitution, legal regime, palliative care, quality of life

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Authors: Joy Olayemi Gbala, Fatai Olatokunbo, Philip Cloud

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Catastrophic dictatorship has been discovered to be the major leadership challenge that orchestrates stagnated and contrasted economy with dysfunctional democracy in Africa through willful misappropriation of resources and egregious subversion of the rule of law. Almost invariably, most African leaders inexplicably often become power drunk and addicted which usually leads to abuse of state power, abdication of constitutional duties, unjustly withdrawal of business license of operation, human right violation, election malpractices, financial corruption, disruptions of policies of democratic government transition, annulment of free and fair election, and disruptions of legal electoral procedures and unachievable dividends of democracy and many more. Owing to this, most African nations have gone and still go through political unrest and insurgencies leading to loss of lives and property, violent protests, detention of detractors and political activists and massive human displacement. This research work is concerned with, and investigates the causes, menace, consequences and impacts of subverting the rule of law in Africa on the economy and the development of the continent with a suggested practical solution to the plights.

Keywords: corruption, law, leadership, violation

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Authors: Ritvik Chauhan, Vijay Kumar Baraik

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Women are most vulnerable to crime despite occupying central position in shaping a society as the first teacher of children. In India too, having equal rights and constitutional safeguards, the incidences of crime against them are large and grave. In this context of crime against women, especially rape has been increasing over time. This paper explores the spatial and temporal aspects of crime against women in India with special reference to rape. It also examines the crime against women with its spatial, socio-economic and demographic associates using related data obtained from the National Crime Records Bureau India, Indian Census and other government sources of the Government of India. The simple statistical, choropleth mapping and other cartographic representation methods have been used to see the crime rates, spatio-temporal patterns of crime, and association of crime with its correlates.  The major findings are visible spatial variations across the country and are also in the rising trends in terms of incidence and rates over the reference period. The study also indicates that the geographical associations are somewhat observed. However, selected indicators of socio-economic factors seem to have no significant bearing on crime against women at this level.

Keywords: crime against women, crime mapping, trend analysis, society

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Authors: Michael Rahme

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Over the past decade, there is an overwhelming consensus spanning across academia, government commissions, and civil societies that concede that individuals with disabilities (IWDs), particularly those with intellectual differences, are a demographic most ‘vulnerable’ to experiences of sexual violence. From this global accord, numerous policies have sprouted in the protection of this ‘pregnable’ sector of society, primarily framed around liberal obligations of stewardship over the ‘defenceless.’ As such, these initiatives mainly target post-incident or victim-based factors of sexual violence, which is apparent in proposals for more inclusive sexual education and accessible contact lines for IWDs. Yet despite the necessity of these initiatives, sexual incidents among this demographic persist and, in nations such as Australia, continue to rise. Culture of Violence theory reveals that such discrepancies in theory and practice stem from societal structures that frame individuals as ‘vulnerable’, ‘impregnable’, or ‘defenceless’ because of their disability, thus propagating their own likelihood of abuse. These structures, as embodied by the Australian experience, allow these sexual violences to endure through cultural ideologies that place the IWDs ‘failures’ at fault while sidelining the institutions that permit this abuse. Such is representative of the initiatives of preventative organizations like People with Disabilities Australia, which have singularly strengthened victim protection networks, despite abuse continuing to rise dramatically among individuals with intellectual disabilities alone. Yet regardless of this rise, screenings of families and workers remain inadequate and practically untouched, a reflection of a tremendous societal warp in understanding surrounding the lived experiences of IWDs. This theory is also representative of broader literature, where the study of the perpetrators of disability rights, particularly sexual rights, is almost unapparent in a field that is already seldom studied. Therefore, placing power on the abuser via stripping that of the victims. As such, the Culture of Violence theory (CVT) sheds light on the institutions that allow these perpetrators to prosper. This paper, taking a CVT approach, aims to dissipate this discrepancy in the Australian experience by way of a qualitative analysis of all available court proceedings and tribunals between 2020-2022. Through an analysis of the perpetrator, their relation to the IWD, and the motives for their actions granted by court and tribunal transcripts and the psychological, and behavioural reports, among other material, that have been presented and consulted during these proceedings. All of which would be made available under the 1982 Freedom of Information Act. The findings from this study, through the incorporation of CVT, determine the institutions in which these abusers function and the ideologies which motivate such behaviour; while being conscious of the issue of re-traumatization and language barriers of the abusees. Henceforth, this study aims to be a potential policy guide on strengthening support institutions that provide IWDs with their basic rights. In turn, undermining sexual violence among individuals with intellectual disabilities at its roots.

Keywords: criminal profiling, intellectual disabilities, prevention, sexual violence

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Authors: Mangesh Govindrao Acharya

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The influence of religion on politics in India can be seen in the British period. The British used partition politics to create a schism between Hindus and Muslims in India. India was partitioned in1947 due to this policy of the British. In independent India, the principle of secularism was prioritized as a solution to this in the constitution created by the people. Secularism was provided for in 1978 by the 42nd Constitutional Amendment. Although India has embraced secularism, the role of religion in politics has not ended. Although 75 years of India's independence have been completed, politics is still done in the name of religion in India. Political parties choose their candidates, keeping in mind the influence of religion in a particular constituency. People think more about religion and caste while choosing their candidates. Caste riots occur due to the influence of religion-influenced politics. There is a new dispute between the minority and the majority. The Temple-Masjid controversy has become a focal point of Indian politics. Religious hatred in India is causing a huge loss of lives and property and is creating tension among the citizens. All the aspects of Indian politics that have been corrupted by religious fanaticism have been studied in this research paper. This paper mainly explores the causality of the influence of religion on Indian politics.

Keywords: religion, Indian politics, equality and justice, Muslim society, political parties

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Authors: Bárbara Dantas

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Nicolas-Antoine Taunay had everything to have a quiet life with his numerous family, his colleagues from the Paris Academy of Art, and as a renowned painter of the French Court, but the conjuncture was quite complicated in those final years of the eighteenth century and first decades of the 19th century. The painter had to adapt to various political and social ruptures: from royalty to the French Revolution, from the empire of Napoleon Bonaparte to the empire of King John VI. According to the method of analysis that involves the idea of "political iconography" from Carlo Ginzburg and the concept of "representation" associated with Georges Didi-Huberman, this work wishes to insert Taunay in its context through the analysis of his portrait made by a colleague of the profession and of a Brazilian landscape painted of his own (1816-1821) and, in which he represented himself. Finally, the intention is to find in these two paintings how Nicolas-Antoine Taunay faced himself and in the middle that surrounded him in the traffic that was forced to make it between Paris and Rio de Janeiro.

Keywords: Nicolas-Antoine Taunay, politic iconography, French art, Brazilian art, 19th century

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Authors: Laszlo Vari

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In the digital age, the spread of the mobile world and the nature of the cyberspace, offers many new opportunities for the prevalence of the fundamental right to free expression, and therefore, for free speech and freedom of the press; however, these new information communication technologies carry many new challenges. Defamation, censorship, fake news, misleading information, hate speech, breach of copyright etc., are only some of the violations, all of which can be derived from the harmful exercise of freedom of expression, all which become more salient in the internet. Here raises the question: how can we eliminate these problems, and practice our fundamental freedom rightfully? To answer this question, we should understand the elements and the characteristic of the nature of freedom of expression, and the role of the actors whose duties and responsibilities are crucial in the prevalence of this fundamental freedom. To achieve this goal, this paper will explore the European practice to understand instructions found in the case-law of the European Court of Human rights for the rightful exercise of freedom of expression.

Keywords: collision of rights, European case-law, freedom opinion and expression, media law, freedom of information, online expression

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Authors: Yessenia Parrado, Ana Barbosa, Daniela Mahe, Sebastian Toro, Jhon Garcia

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Public innovation has gained strength in recent years in response to the need to find new strategies or mechanisms to interact between government entities and citizens. In this way, the Colombian government has been promoting policies aimed at strengthening innovation as a fundamental aspect in the work of public entities. However, in order to potentiate the capacities of public servants and therefore of the institutions and organizations to which they belong, it is necessary to be able to understand the context under which they operate in their daily work. This article aims to compile the work developed by the laboratory of innovation, creativity, and new technologies LAB101 of the National University of Colombia for the National Department of Planning. A case study was developed in the central region of Colombia made up of five departments, through the construction of instruments based on quantitative techniques in response to the item combined with qualitative analysis through semi-structured interviews to understand the perception of possible barriers to innovation and the obstacles that have prevented the acceleration of transformation within public organizations. From the information collected, different analyzes are carried out that allows a more robust explanation to be given to the results obtained, and a set of categories are established to group different characteristics associated with possible difficulties that officials perceive to innovate and that are later conceived as barriers. Finally, a proposal for an indicator was built to measure the degree of innovation within public entities in order to be able to carry a metric in future opportunities. The main findings of this study show three key components to be strengthened in public entities and organizations: governance, knowledge management, and the promotion of collaborative workspaces.

Keywords: barriers, enablers, management, public innovation

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Authors: Gul Ghutai, Nouman Khan Kakar

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Interest-Based Debt Disturbs The Financial, Social And Economic Structure Of The Country, Due To Which Sustainable Development Of The Masses Is Undermined. Such As, In Pakistan, The State’s Reliance Upon Interest-Based Debt (Both Foreign And National Levels) Affects The Socio-Economic Fabrication Of The Country, Thus Undermining The Sustainable Development Of Its Residents. The Objective Of The Study Is To Analyze The Effect Of Interest-Based Debt Financing On The Well-Being Of The Masses In Pakistan. The Question Arises Whether Interest-Based Debt Financing Undermines The Sustainable Development Of The Masses Of Pakistan Or Not. Moreover, Qualitative Research Methodology Is Pursued Towards Building A Conceptual Framework By Applying An Inductive Paradigm. It Is Expected That Interest-Based Debt, Whether Acquired From Foreign Or National Institutions By The Government Of Pakistan, Undermines The Sustainable Economic Growth Of The Country. However, The State Of Pakistan Is Under A Constitutional Obligation To Attain Sustainable Development Of Its Residents In Compliance With Islamic Shariah So That Eradication Of Interest From The Economy Of Pakistan Can Be Witnessed So That The Residents Of Pakistan Can Be Served To Attain Socio-Economic Well-Being Both Tangibly And Intangibly.

Keywords: socio-economic wellbeing, residents, sustainable development, interest-based debt

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Authors: Poulomi Bhadra, Manjushree Palit, Sanjeev P. Sahni

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Forensic science uses all branches of science for criminal investigation and trial and has increasingly emerged as an important tool in the administration of justice. However, the growth and development of this field in India has not been as rapid or widespread as compared to the more developed Western countries. For successful administration of justice, it is important that all agencies involved in law enforcement adopt an inter-professional approach towards forensic science, which is presently lacking. In light of the alarmingly high average acquittal rate in India, this study aims to examine the lack of understanding and appreciation of the importance and scope of forensic evidence and expert opinions amongst law professionals such as lawyers and judges. Based on a study of trial court cases from Delhi and surrounding areas, the study underline the areas in forensics where the criminal justice system has noticeably erred. Using this information, the authors examine the extent of forensic understanding amongst legal professionals and attempt to conclusively identify the areas in which they need further appraisal. A cross-sectional study done using a structured questionnaire was conducted amongst law professionals across age, gender, type and years of experience in court, to determine their understanding of DNA, fingerprints and other interdisciplinary scientific materials used as forensic evidence. In our study, we understand the levels of understanding amongst lawyers with regards to DNA and fingerprint evidence, and how it affects trial outcomes. We also aim to understand the factors that prevent credible and advanced awareness amongst legal personnel, amongst others. The survey identified the areas in modern and advanced forensics, such as forensic entomology, anthropology, cybercrime etc., in which Indian legal professionals are yet to attain a functional understanding. It also brings to light, what is commonly termed as the ‘CSI-effect’ in the Western courtrooms, and provides scope to study the existence of this phenomenon and its effects on the Indian courts and their judgements. This study highlighted the prevalence of unchallenged expert testimony presented by the prosecution in criminal trials and impressed upon the judicial system the need for independent analysis and evaluation of the scientist’s data and/or testimony by the defense. Overall, this study aims to define a clearer and rigid understanding of why legal professionals should have basic understanding of the interdisciplinary nature of forensic sciences. Based on the aforementioned findings, the author suggests various measures by which judges and lawyers might obtain an extensive knowledge of the advances and promising potentialities of forensic science. This includes promoting a forensic curriculum in legal studies at Bachelor’s and Master’s level as well as in mid-career professional courses. Formation of forensic-legal consultancies, in consultation with the Department of Justice, will not only assist in training police, military and law personnel but will also encourage legal research in this field. These suggestions also aim to bridge the communication gap that presently exists between law practitioners, forensic scientists and the general community’s awareness of the criminal justice system.

Keywords: forensic science, Indian legal professionals, interdisciplinary awareness, legal education

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Authors: Dejan Metodijeski, Elizabeta Mitreva, Nako Taskov, Oliver Filiposki

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Tourism development strategies are an important link in the tourism policy that is used to make its management better and easier. A public-public partnership (PUP) is a partnership between two or more public authorities or between a public authority and any non-profit organization with the goal of providing services and facilities or transferring technical skills. The paper presents this kind of partnership between two public authorities in Macedonia, the Municipality of Gazi Baba on one hand, and the University of Goce Delcev on the other. The main idea of this partnership is the development of a tourism strategy for the Municipality of Gazi Baba by the University on one side, and on the other, the construction of a mini park in the court of the University by the Municipality. This paper presents the causes and analyzes the procedures relating to this partnership and the methodology of the tourism development strategy. It contains a relevant literature review related to PUPs and tourism development strategy. The results and benefits of this partnership are presented with figures.

Keywords: public-public partnership, tourism development strategy, municipality of Gazi Baba, Macedonia

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Authors: Muhammad Tanziel Aziezi

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In Indonesia, pre-trial (in Indonesia called ‘praperadilan’) is a mechanism that is regulated on Criminal Procedure Code as a form of oversight and check and balance on the process at the stage of inquiry, investigation, and prosecution, so that actions taken by the State (in this case, the police and prosecutor) is carried out in accordance with its authority and not violate human rights. Article 77 of the Criminal Procedure Code has been set that the object may be filed pretrial is just about the lawfulness of the arrest, the lawfulness of the detention, and the legitimacy of stopping investigation and prosecution. However, since the beginning of 2015, there was a further object which is then entered as a pre-trial object, namely the lawfulness of the determination of a criminal suspect. This is because the determination of the suspect is considered as one of the forceful measures that could restrict the rights of a person, so the implementation should have oversight and checks and balances by the courts. This paper will discuss the development of the pre-trial on the lawfulness of the determination of a criminal suspect as a new judicial mechanism as the protection of human rights in Indonesia.

Keywords: criminal procedure law, pre-trial, lawfulness of determination of a criminal suspect, check and balance by the court

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Authors: Anyi Katherine Garzon Robles, Luis Carlos Gomez Florez

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Since the advent of the Internet, the use of Information Technologies (IT) has increased exponentially. The field of informatics and telecommunications has put on the table countless possibilities for the development of different socio-economic activities, promoting a change of social paradigm and the emergence of the so-called information and knowledge society. For more than a decade, the Colombian government has been working on the incorporation of IT into the public sector through an e-government strategy. However, to date, many technological gaps has not yet been identified in the country to our knowledge, especially in rural areas and far from large cities, where factors such as low investment and the expansion of the armed conflict have led to economic and technological stagnation. This paper presents the research results obtained from the execution of a research project, which was approach from a qualitative approach and a methodological design of a participatory action research type. This design consists of nine fundamental stages divided into four work cycles. For which different strategies for data collection and analysis were established. From which, a methodology was obtained for the identification of technological gaps and the measurement of the level of technological acceptance in the rural sector, based on the TAM (Technology Acceptance Model) model, as a previous activity to the development of IT solutions framed in the e-government strategy in Colombia. The result of this research work represents a contribution from academia for the improvement of the country's technological development and a guide for the proper planning of IT solutions aimed at promoting a close relationship between government and citizens.

Keywords: E-government, knowledge society, level of technological acceptance, technological gaps, technology acceptance model

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Authors: Nihad Alem

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Nowadays, distance learning (DL) is widely perceived as a reformed type of education that takes advantage of technology to give more appealing opportunities especially for learners whose life conditions impede their attendance to regular classrooms however, creating interactional environment for students to expand their learning community and alleviate the feeling of loneliness and isolation should receive more attention when designing a distance learning course. This research aims to explore whether the audio/video peer learning can offer pedagogical add-ons to the Algerian distance learners and what are the pros and cons of its application as an educational experience in a synchronous environment mediated by Skype. Data were collected using video recordings of six sessions, reflective logs, and in-depth semi-structured interviews and will be analyzed by qualitatively identifying and measuring the three constitutional elements of the educational experience of peer learning namely the social presence, the cognitive presence, and the facilitation presence using a modified community of inquiry coding template. The findings from this study will provide recommendations for effective peer learning educational experience using the facilitation presence concept.

Keywords: audio/visual peer learning, community of inquiry, distance learning, facilitation presence

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Authors: R. S. Remya, U. S. Sethulekshmi

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Detecting the authenticity of a video is an important issue in digital forensics as Video is used as a silent evidence in court such as in child pornography, movie piracy cases, insurance claims, cases involving scientific fraud, traffic monitoring etc. The biggest threat to video data is the availability of modern open video editing tools which enable easy editing of videos without leaving any trace of tampering. In this paper, we propose an efficient passive method for inter-frame video tampering detection, its type and location by estimating the optical flow of wavelet features of adjacent frames and thresholding the variation in the estimated feature. The performance of the algorithm is compared with the z-score thresholding and achieved an efficiency above 95% on all the tested databases. The proposed method works well for videos with dynamic (forensics) as well as static (surveillance) background.

Keywords: discrete wavelet transform, optical flow, optical flow variation, video tampering

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Authors: Sitaram Dahal

Abstract:

Among many strategic and practical needs in overcoming the threats and challenges being experienced in the global environment, constitutional provision for Rights to live in clean and healthy environment is one and so is the school curriculum incorporating information on such rights. Government of Nepal has also introduced information on rights to live in clean and healthy environment, as provisioned in its interim constitution of 2007, in the secondary level curriculum of formal education. As the predetermined specific objective of such curriculum is to prepare students who are conscious of citizens’ rights and responsibilities and are able to adopt functions, duties and rights of the rights holders and duty bearers; the study was designed to assess the effectiveness of such curriculum. The study was conducted in one private school and a community school to assess the effectiveness of such curriculum. The study shows that such curriculum has been able to make students responsible duty bearers as they were aware of their habits towards environment. Whereas only very few students are aware enough as being rights holders. Students of community schools were aware rights holders as they complain if they are not satisfied with the environment of the school itself. But private school is far behind in this case. It can be said that only curriculum with very few portion of information on such rights might not be capable enough to meet its objective.

Keywords: curriculum, environmental rights, constitution, effectiveness

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Authors: Tecla Rita Karendi, Andy Cons Matata

Abstract:

Although before and at the advent of colonial administration, several women such as Mekatilili wa Menza and Muthoni Nyanjiru took up leadership positions in resisting the colonial administration. Kenya is generally considered a patriarchal society. Many women who tried to take up positions of leadership in postcolonial Kenya, such as the Nobel Prize winner Wangari Maathai, were branded as prostitutes or generally immoral women. However, the Constitution of Kenya, 2010, has since made a huge impact not only in the area of affirmative action but also in various aspects of the feminist legal theory such as the constitutional requirement that no more than two-thirds of the members of the elective or appointive bodies should be of the same gender. This favours women who are often sidelined in elective posts such as parliament or county assemblies and state-appointed posts in the parastatals and commissions. The constitution also recognizes the right to abortion, which was outrightly outlawed in the independence constitution. Certain practices adverse to women’s health, such as wife inheritance, female genital mutilation, and property rights, are either outlawed or framed to recognized women’s rights. The education of the girl-child is also now considered a priority, unlike in the past. Despite these developments, a lot remains to be done.

Keywords: feminist legal theory, constitution of Kenya, 2010, affirmative action, leadership

Procedia PDF Downloads 195