Search results for: review of constitutionality of acts
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 5031

Search results for: review of constitutionality of acts

5031 Crystallization of the US Supreme Court’s Role as an Arbiter of Constitutionality of Laws

Authors: Fethia Braik

Abstract:

This paper summarizes the history of the US Supreme Court. It did not enjoy today’s status. It did neither control legislation nor the executive power. It was until 1803, during Marshall’s term, that it gained the pride of ruling over the constitutionality of acts be they federal or local, congressional or presidential. The Chief Justice, whether intended or not, vested such power in the supreme judicial institution via the case of Marbury v. Madison. Such power, nevertheless, had not been exercised for many years, till the Dred Scott case.

Keywords: Judiciary Acts 1789, 1801, chief justice, associate justice, justice of peace, review of constitutionality of acts, Jay court, Ellsworth court, Marshall court

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5030 Constitutional Courts as Positive Legislators: The Role of Indonesian Constitutional Court in Interpreting and Applying the Constitution

Authors: Masnur Marzuki

Abstract:

As in other democratic countries, the constitutional court of Indonesia has the role of interpreting and applying the Constitution in order to preserve its supremacy testing the constitutionality of statutes. With its strong power to enforce and guard the Constitution, the court is now challenged to provide people an opportunity to understand their constitutional rights close up. At the same time, the court has built up an enviable reputation among constitutional courts in new democracies for the technical quality of its legitimacy in the legal sense. Since its establishment in 2003, the Constitutional Court of Indonesia has decided more than 190 statutes in judicial review case. It has been remarkably successful to make a credible start on its work of guarding the Constitution. Unsurprisingly, many argue that the Court has elevated Indonesia’s democracy to a whole new level. In accomplishing its roles judicial review, the basic principle that can be identified is that the Constitutional Court must always be subordinated to the Constitution. It is not being allowed to invade the field of the legislator. In doing so, the court does not have any discretionary political basis in order to create legal norms or provisions that could not be deducted from the Constitution itself. When interpreting a statute “in accordance with the constitution”, the court recognizes and reasserts that it is strictly forbidden to extend the scope of a legal provision in such a way that would create a general norm not established by the law-maker. This paper aims to identify and assess the latest role of Indonesian Constitutional Court in interpreting and applying the Constitution. In particular, it questions 1) the role of the Constitutional Court in judicial review; and 2) the role of the court to assist the legislators in the accomplishment of their functions in order to preserve its supremacy testing the constitutionality of statutes. Concerning positive legislator, jurisprudential and judicial review theories will be approached. The empirical part will include qualitative and comparative research. Main questions to be addressed: Can the Constitutional Court be functionalized as positive legislator? What are the criteria for conducting role of Constitutional Courts as Positive Legislators and how can it be accepted? Concerning the subordination of Constitutional Courts to the Constitution and judicial review, both qualitative and quantitative methods will be used, and differences between Indonesia and German Constitutional Court will be observed. Other questions to be addressed: Can Constitutional Courts have any discretionary political basis in order to create legal norms or provisions that could not be deducted from the Constitution itself. Should the Constitutional Court always act as a negative legislator? However, the Constitutional Court in Indonesia has played role as positive legislators which create dynamic of Indonesian legal development. In performing the task of reviewing the constitutionality of statutes, the Constitutional Court has created legal norms or provisions that could be deducted from the Constitution itself.

Keywords: constitution, court, law, rights

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5029 Challenging the Constitutionality of Mandatory Sentences: A South African Perspective

Authors: Alphonso Goliath

Abstract:

With mandatory minimum sentences, even with its qualification of “substantial and compelling circumstances”, the sentence severity for violent crimes has increased substantially to combat crime. Considering the upsurge in violent crime, the paper argues that minimum sentences failed to prevent or curb violent crime. These sentences deprive offenders more than what is reasonably necessary of their freedom to curb the offense and punish the offender. Minimum sentences amount to cruel, inhuman, and degrading punishment unjustified and vulnerable to constitutional challenge.

Keywords: constitutionality, deterrence, incapacitation, minimum sentencing legislation, prison overcrowding, rehabilitation, recidivism, retribution, violent crime

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5028 South African Mandatory Minimum Sentencing: Causes and Consequences

Authors: Alphonso Augustine Goliath

Abstract:

In 1997 South Africa adopted legislation introducing severe mandatory minimum sentences. This was a political response to counter the escalating violent crime the country experienced when it transitioned to democracy. Despite minimum sentences being fully operational for more than two decades, violent crimes like murder and rape have not abated. This paper provides a critique of the efficacy of minimums sentences with a primary focus on the legislation’s main aim of preventing or curbing crime, its relationship with prison overcrowding, and its continued constitutionality.

Keywords: constitutionality, deterrence, incapacitation, minimum sentencing legislation, prison overcrowding, rehabilitation, recidivism, retribution, violent crime

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5027 Assessment of Human Factors Analysis and Classification System in Construction Accident Prevention

Authors: Zakari Mustapha, Clinton Aigbavboa, Wellington Didi Thwala

Abstract:

Majority of the incidents and accidents in complex high-risk systems that exist in the construction industry and other sectors have been attributed to unsafe acts of workers. The purpose of this paper was to asses Human Factors Analysis and Classification System (HFACS) in construction accident prevention. The study was conducted through the use of secondary data from journals, books and internet to achieve the objective of the study. The review of literature looked into details of different views from different scholars about HFACS framework in accidents investigations. It further highlighted on various sections or disciplines of accident occurrences in human performance within the construction. The findings from literature review showed that unsafe acts of a worker and unsafe working conditions are the two major causes of accident in the construction industry.Most significant factor in the cause of site accident in the construction industry is unsafe acts of a worker. The findings also show how the application of HFACS framework in the investigation of accident will lead to the identification of common trends. Further findings show that provision for the prevention of accident will be made based on past accident records to identify and prioritize where intervention is needed within the construction industry.

Keywords: accident, construction, HFACS, unsafe acts

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5026 Cultural Heritage, War and Heritage Legislations: An Empirical Review

Authors: Gebrekiros Welegebriel Asfaw

Abstract:

The conservation of cultural heritage during times of war is a topic of significant importance and concern in the field of heritage studies. The destruction, looting, and illicit acts against cultural heritages have devastating consequences. International and national legislations have been put in place to address these issues and provide a legal framework for protecting cultural heritage during armed conflicts. Thus, the aim of this review is to examine the existing heritage legislations and evaluate their effectiveness in protecting cultural heritage during times of war with a special insight of the Tigray war. The review is based on a comprehensive empirical analysis of existing heritage legislations related to the protection of cultural heritage during war, with a special focus on the Tigray war. The review reveals that there are several international and national legislations in place to protect cultural heritage during times of war. However, the implementation of these legislations has been insufficient and ineffective in the case of the Tigray war. The priceless cultural heritages in Tigray, which were once the centers of investment and world pride were, have been subjected to destruction, looting, and other illicit acts, in violation of both international conventions such as the UNESCO Convention and national legislations. Therefore, there is a need for consistent intervention and enforcement of different legislations from the international community and organizations to rehabilitate, repatriate, and reinstitute the irreplaceable heritages of Tigray.

Keywords: cultural heritage, heritage legislations, tigray, war

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5025 Rethinking the Constitutionality of Statutes: Rights-Compliant Interpretation in India and the UK

Authors: Chintan Chandrachud

Abstract:

When primary legislation is challenged for breaching fundamental rights, many courts around the world adopt interpretive techniques to avoid finding such legislation incompatible or invalid. In the UK, these techniques find sanction in section 3 of the Human Rights Act 1998, which directs courts to interpret legislation in a manner which is compatible with European Convention rights, ‘so far as it is possible to do so’. In India, courts begin with the interpretive presumption that Parliament intended to comply with fundamental rights under the Constitution of 1949. In comparing rights-compliant interpretation of primary legislation under the Human Rights Act and the Indian Constitution, this paper makes two arguments. First, that in the absence of a section 3-type mandate, Indian courts have a smaller range of interpretive tools at their disposal in interpreting primary legislation in a way which complies with fundamental rights. For example, whereas British courts frequently read words into statutes, Indian courts consider this an inapposite interpretive technique. The second argument flows naturally from the first. Given that Indian courts have a smaller interpretive toolbox, one would imagine that ceteris paribus, Indian courts’ power to strike down legislation would be triggered earlier than the declaration of incompatibility is in the UK. However, this is not borne out in practice. Faced with primary legislation which appears to violate fundamental rights, Indian courts often reluctantly uphold the constitutionality of statutes (rather than striking them down), as opposed to British courts, which make declarations of incompatibility. The explanation for this seeming asymmetry hinges on the difference between the ‘strike down’ power and the declaration of incompatibility. Whereas the former results in the disapplication of a statute, the latter throws the ball back into Parliament’s court, if only formally.

Keywords: constitutional law, judicial review, constitution of India, UK Human Rights Act

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5024 The Role of the Indonesian Armed Forces to Combat Terrorism Acts During the COVID 19 Pandemic Era

Authors: Aulia Rosa Nasution

Abstract:

This research aims to analyze the involvement of the Indonesian Armed Forces in overcoming terrorism acts under legal perspectives based on Acts No. 34 of 2004, which regulates the role and mechanism of the Indonesian Armed Forces in combating terrorism. The main question of this research is, firstly, the military authority in combating terrorism acts, secondly, the implementation of Acts Number 34/2000, and thirdly, law enforcement to combat terrorism under national and international law. The methodology of this research is juridical normative based on the legal instruments and legal principles, and international norms. The result of this study explains the involvement of the Indonesian Army in combating terrorism as a part of the nonmilitary operation which has been implemented in Indonesia as part of national defence and security.

Keywords: acts of terrorism, Indonesian armed forces, legal protection

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5023 Speech Acts and Politeness Strategies in an EFL Classroom in Georgia

Authors: Tinatin Kurdghelashvili

Abstract:

The paper deals with the usage of speech acts and politeness strategies in an EFL classroom in Georgia (Rep of). It explores the students’ and the teachers’ practice of the politeness strategies and the speech acts of apology, thanking, request, compliment/encouragement, command, agreeing/disagreeing, addressing and code switching. The research method includes observation as well as a questionnaire. The target group involves the students from Georgian public schools and two certified, experienced local English teachers. The analysis is based on Searle’s Speech Act Theory and Brown and Levinson’s politeness strategies. The findings show that the students have certain knowledge regarding politeness yet they fail to apply them in English communication. In addition, most of the speech acts from the classroom interaction are used by the teachers and not the students. Thereby, it is suggested that teachers should cultivate the students’ communicative competence and attempt to give them opportunities to practice more English speech acts than they do today.

Keywords: english as a foreign language, Georgia, politeness principles, speech acts

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5022 A Review of Psychiatric Practices in Issues of Anomalous Experiences

Authors: Prosper Kudzanai Mushauri

Abstract:

In issues of anomalous experiences commonly referred to as madness or mental illness, attempts have been made to deal with it so that people manage to live their lives in a more functional way. It is in this stance that psychiatry has sort of portraying itself as seeking to ameliorate perturbations which individuals live with via nosological systems and use of medicine to anomalous experiences. It is from this hegemony that has led to the untold harm which people living with madness have endured from antique to contemporary life. The paper reflects via a literature review on the history of psychiatry and argues that it is akin to contemporary psychiatry to be involved in iatrogenic acts. As antique psychiatry meddled with gory issues of inhumanity, deceit and mass murders which some of those the contemporary psychiatry has not weaned itself from such diabolical acts. The objective of the paper is to suggest to psychiatry that it has not comported to the mores of psychological ethics. In doing this, the paper hopes that psychiatry will reflect and reform its curricular and praxis so that it comports to ethical standards in psychological science in ameliorating anomalous experiences.

Keywords: nosology, psychiatry, madness, diagnosis, eugenics

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5021 The Exploration of Psychosocial Risk and the Handling of Unsafe Acts and Misconduct

Authors: Jacquelene Swanepoel, J. C. Visagie, H. M. Linde

Abstract:

Purpose: The aim of this article is to investigate the psychosocial risk environment influencing employee behaviour, and subsequently the trust relationship between employer and employee. Design/methodology/approach: The unique nature and commonness of negative acts, such as unsafe behaviour, human errors, poor performance and negligence, also referred to as unsafe practice, are explored. A literature review is formulated to investigate the nature of negative acts or unsafe behaviour. The findings of this study are used to draw comparisons between unsafe behaviour/misconduct and accidents in the workplace and finally conclude how it should be addressed from a labour relations point of view. Findings: The results indicate comparisons between unsafe practice/misconduct and occupational injuries and accidents, as a result of system flaws, human error or psychosocial risk.

Keywords: occupational risks, unsafe practice, misconduct, organisational safety culture, ergonomics, management commitment and leadership, labour relations

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5020 The Principle of the Protection of Legitimate Expectation: Analysis the Adjudications of Thailand Court

Authors: Paiboon Chuwatthanakij

Abstract:

In reference to the legal state in the Thai legal system, most people understand the minor principles of the legal state form, which are the principles that can be explained and understood easily and the results can be seen clearly, especially in the legitimacy of administrative acts. Therefore, there is no awareness of justice, which is the fundamental value of Thai law. The legitimacy of administrative acts requires the administration to adhere to the constitution and legislative laws in enforcement of the laws. If it appears that the administrative acts are illegitimate, the administrative court, as the court of justice, will revoke those acts as if they had never been set in the legal system, this will affect people’s trust as they are unaware as to whether the administrative acts that appoint their lives are legitimate or not. Regarding the revocation of administrative orders by the administrative court as if those orders had never existed, the common individual surely cannot be expected to comprehend the security of their juristic position. Therefore, the legal state does not require a revocation of the government’s acts to terminate its legal results merely because those acts are illegitimate, but there should be considerations and realizations regarding the “The Principle of the Protection of Legitimate Expectation,” which is a minor principle in the legal state’s content that focuses on supporting and protecting legitimate expectations of the juristic position of an individual and maintaining justice, which is the fundamental value of Thai law

Keywords: legal state, rule of law, protection of legitimate, adjudication

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5019 An Analysis of Transition in Building Form from Abolition of Diagonal Plane Control by Street Width: Focusing on Site Plan and Urban Block

Authors: Joohyun Park, Jin Baek

Abstract:

The purpose of this study is to Analyze the role and effect arise from Diagonal Plane Control by Street Width (DPCSW) in Architecture in Seoul, and to predict the aspect of transition about the relationship among buildings and Urban morphology After the abolition. To find the tendency of building shape regulation, This study review Building Acts concerned with form making (the building to land Ratio, building designated line, wall designated line, building height limit (DPCSW) and etc.) and simulate the shape of urban blocks made by Acts in drawings. The review results show DPCSW is not only limitation about height, but also making the building setback from road and make the Road broader. And it makes the typical shape of the urban block that buildings are moving away from surrounding road After the Abolition of DPCSW; it is expected by the legislature that domestic real estate’s market would be promoted by increased total floor areas in each building. Some substitution from the legislature is announced, but it just deals with Building Maximum unit by Block unit except the regulation about arrangement in urban Figure and Ground. In conclusion, refrain from the uncontrolled development of city, It is important to make regulation about not only height factors but limitation line in land. Furthermore, through revising District Unit Plan, It is positively necessary to reset the relationship between buildings for the making the city space better.

Keywords: diagonal plane control by street width, building maximum height, district unit plan, building acts, urban block type, morphology, building shape

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5018 The Philippines’ War on Drugs: a Pragmatic Analysis on Duterte's Commemorative Speeches

Authors: Ericson O. Alieto, Aprillete C. Devanadera

Abstract:

The main objective of the study is to determine the dominant speech acts in five commemorative speeches of President Duterte. This study employed Speech Act Theory and Discourse analysis to determine how the speech acts features connote the pragmatic meaning of Duterte’s speeches. Identifying the speech acts is significant in elucidating the underlying message or the pragmatic meaning of the speeches. From the 713 sentences or utterances from the speeches, assertive with 208 occurrences from the corpus or 29% is the dominant speech acts. It was followed by expressive with 177 or 25% occurrences, directive accounts for 152 or 15% occurrences. While commisive accounts for 104 or 15% occurrences and declarative got the lowest percentage of occurrences with 72 or 10% only. These sentences when uttered by Duterte carry a certain power of language to move or influence people. Thus, the present study shows the fundamental message perceived by the listeners. Moreover, the frequent use of assertive and expressive not only explains the pragmatic message of the speeches but also reflects the personality of President Duterte.

Keywords: commemorative speech, discourse analysis, duterte, pragmatics

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5017 Human Rights and Counter-Terrorism in Nigeria: A Systematic Review

Authors: Tarela J. Ike

Abstract:

Over the years, the hemorrhagic acts of Boko Haram have led to the adoption of counter-terrorism measures which mostly takes the form of military repressive measures. These measures have wrought flagrant violation of human rights worthy of concern. Hence, the need to examine the efficacy of the counter-terrorism measures adopted by the Nigeria government in combatting terrorism. This article addresses this issue by relying on a systematic literature review which examines the impact of Nigeria counter-terrorism measures from 2009 to 2016 in combating terrorism. The review of literature includes 42 article. Of the 42 articles, 14 met the peer-reviewed requirement which finds that most of Nigeria’s counter-terrorism policies are geared toward the use of state repressive military approach which violates the human right. Thus, the study concludes that to effectively address the terrorist uprising; Nigeria should adopt a non-aggressive counter-terrorism approach which incorporates religious clerics, and community active engagement strategy in combatting terrorism as opposed to military retaliation which violates human right and so far proved ineffective.

Keywords: Boko Haram, counter-terrorism, human rights, military retaliation

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5016 Evaluating the Impact of Judicial Review of 2003 “Radical Surgery” Purging Corrupt Officials from Kenyan Courts

Authors: Charles A. Khamala

Abstract:

In 2003, constrained by an absent “rule of law culture” and negative economic growth, the new Kenyan government chose to pursue incremental judicial reforms rather than comprehensive constitutional reforms. President Mwai Kibaki’s first administration’s judicial reform strategy was two pronged. First, to implement unprecedented “radical surgery,” he appointed a new Chief Justice who instrumentally recommended that half the purportedly-corrupt judiciary should be removed by Presidential tribunals of inquiry. Second, the replacement High Court judges, initially, instrumentally-endorsed the “radical surgery’s” administrative decisions removing their corrupt predecessors. Meanwhile, retention of the welfare-reducing Constitution perpetuated declining public confidence in judicial institutions culminating in refusal by the dissatisfied opposition party to petition the disputed 2007 presidential election results, alleging biased and corrupt courts. Fatefully, widespread post-election violence ensued. Consequently, the international community prompted the second Kibaki administration to concede to a new Constitution. Suddenly, the High Court then adopted a non-instrumental interpretation to reject the 2003 “radical surgery.” This paper therefore critically analyzes whether the Kenyan court’s inconsistent interpretations–pertaining to the constitutionality of the 2003 “radical surgery” removing corruption from Kenya’s courts–was predicated on political expediency or human rights principles. If justice “must also seen to be done,” then pursuit of the CJ’s, Judicial Service Commission’s and president’s political or economic interests must be limited by respect for the suspected judges and magistrates’ due process rights. The separation of powers doctrine demands that the dismissed judges should have a right of appeal which entails impartial review by a special independent oversight mechanism. Instead, ignoring fundamental rights, Kenya’s new Supreme Court’s interpretation of another round of vetting under the new 2010 Constitution, ousts the High Court’s judicial review jurisdiction altogether, since removal of judicial corruption is “a constitutional imperative, akin to a national duty upon every judicial officer to pave way for judicial realignment and reformulation.”

Keywords: administrative decisions, corruption, fair hearing, judicial review, (non) instrumental

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5015 A Book Review of Inside the Battle of Algiers, by Zohra Drif: A Thematic Analysis on Women’s Agency

Authors: W. Zekri

Abstract:

This paper explores Zohra Drif’s memoir, Inside the Battle of Algiers, which narrates her desires as a student to become a revolutionary activist. She exemplified, in her narrative, the different roles, she and her fellows performed as combatants in the Casbah during the Algerian Revolution 1954-1962. This book review aims to evaluate the concept of women’s agency through education and language learning, and its impact on empowering women’s desires. Close-reading method and thematic analysis are used to explore the text. The analysis identified themes that refine the meaning of agency which are social and cultural supports, education, and language proficiency. These themes aim to contribute to the representation in Inside the Battle of Algiers of a woman guerrilla who engaged herself to perform national acts of resistance.

Keywords: agency, education, learning, women

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5014 Polite Request Strategies in Commuter Discourse in Xhosa

Authors: Mawande Dlali

Abstract:

This paper examines the request strategies in commuter discourse involving taxi drivers and passengers in Khayelitsha as well as the responses to these requests. The present study considers requests in commuter transport as face threatening acts (FTAs), hence the need for the commuter crew to strategically shape their communicative actions to achieve their overall discourse goal of getting passengers to perform actions that are in their own interest with minimum resistance or confrontation. The crew presents itself by using communicative devices that prompt the passengers to evaluate it positively as warm, friendly, and respectful. However, the passengers' responses to requests range from compliance to resistance depending on their interpretation of the speaker’s motive and the probable social consequences. Participant observation by the researcher was the main method of collecting examples of requests and responses to the requests. Unstructured interviews and informal discussions were made with randomly selected taxi drivers and commuters. The findings and explanations presented in this article revealed the predominance of polite requests as speech acts in taxi discourse in Khayelitsha. This research makes a contribution to the contemporary pragmatics study of African languages in urban context.

Keywords: face threatening acts, speech acts, request strategies, discourse

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5013 Trends in Solving Assembly Job Shop Scheduling Problem: A Review

Authors: Midhun Paul, T. Radha Ramanan

Abstract:

The objective of this work is to present a state-of-the-art literature review highlighting the challenges in the research of the scheduling of assembly job shop problem and providing an insight on how the future directions of the research would be. The number of work has been substantial that it requires a review to enable one to understand the origin of the research and how it is getting evolved. This review paper presents a comprehensive review of the literature dealing with various studies carried on assembly job shop scheduling. The review details the evolution of the AJS from the perspective of other scheduling problems and also presents a classification scheme. The work also identifies the potential directions for future research, which we believe to be worthwhile considering.

Keywords: assembly job shop, future directions, manufacturing, scheduling

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5012 The Relationship between Transcendence and Psychological Well-Being: A Systematic Scientific Literature Review

Authors: Monir Ahmed

Abstract:

The main purpose of this literature review was to investigate the existing quantitative clinical studies on the relationship between transcendence and psychological well-being. The primary objective of the literature review is to determine whether the existing studies adequately demonstrate the relationship between transcendence and psychological well-being, including spiritual well-being. A further objective of this literature review is to see if the ‘creatio ex nihilo’ doctrine is necessary to understand transcendence and its relationship with psychological well-being. Systematic literature review methods including studies identified from search engines, extracting data from the studies and assessing their quality for the planned review were used. The outcome of this literature review indicates that self-transcendence (STa), spiritual transcendence (STb) are positively related to psychological well-being. However, such positive relationships present limited scope for understanding transcendence and its relationship with well-being. The findings of this review support the need for further research in the area of transcendence and well-being. This literature review reveals the importance of developing a new transcendence tool for determining an individual’s ability to transcend and the relationship between his/her ability for transcendence and psychological well-being. The author of this paper proposes that the inclusion of the theological doctrine (‘creatio ex nihilo’) in understanding transcendence and psychological well-being is crucial, necessary and unavoidable.

Keywords: transcendence, psychological well-being, self-transcendence, spiritual transcendence, ‘creatio ex nihilo’

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5011 Peer-Review as a Means to Improve Students' Translation Skills

Authors: Bahia Braktia, Ahlem Ghamri

Abstract:

Years ago, faculties and administrators realized that students entering college were not prepared for the academic sphere; however, as a type of collaborative learning, peer-review gave students a social context in which they could learn more efficiently. Peer-review has proven its effectiveness in higher education. Numerous studies have been conducted on peer review and its effects on the quality of students’ writing, and several publications recommended peer-review as part of the feedback process. Student writers showed a tendency towards making significant meaning-level revisions and surface-level revisions. Last but not least, studies reported that peer-review helps students develop their self-assessment skills as well as critical thinking. The use of peer-review has become well known and widely adopted to the L2 classroom environment. However, little is known about peer review on translation students. The purpose of this study was to investigate the students' perspective on peer-review, and whether this method affected the quality of their translation. A mixed method design was adopted. Students were requested to translate two texts from Arabic into English, and they gave and received structured feedback to their classmates' translations. A survey was administered, followed by semi-structured interviews, to examine the students' attitudes toward peer-review. The results of the study showed that peer-review was considered a good proofreading method for most students. The students also showed a positive attitude toward it, and they reported that they benefited from the interaction with their peers. The findings implied that the inclusion of peer-review can be an effective pedagogical practice for teaching translation and writing to foreign language learners.

Keywords: language teaching, feedback, peer-review, translation

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5010 A Systematic Review of Process Research in Software Engineering

Authors: Tulasi Rayasa, Phani Kumar Pullela

Abstract:

A systematic review is a research method that involves collecting and evaluating the information on a specific topic in order to provide a comprehensive and unbiased review. This type of review aims to improve the software development process by ensuring that the research is thorough and accurate. To ensure objectivity, it is important to follow systematic guidelines and consider multiple sources, such as literature reviews, interviews, and surveys. The evaluation process should also be streamlined by incorporating research from journals and other sources, such as grey literature. The main goal of a systematic review is to identify the consistency of current models in the field of computer application and software engineering.

Keywords: computer application, software engineering, process research, data science

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5009 A Scoping Review of Psychosocial Interventions for the Survivors and/or Victims of Intimate Partner Violence in Low- and Middle-Income Countries

Authors: Mukondi Nethavhakone

Abstract:

The high prevalence of violence against women is a global public health problem. Our societies have become dangerous places for women. Women during their child-bearing ages are at a higher risk of experiencing emotional, physical, and sexual violence. What makes it more concerning is that these violent acts are perpetrated by family members or partners, or ex-partners. Intimate Partner Violence (IPV) is associated with long-lasting physical, reproductive, sexual, mental, and maternal health implications. Expectedly women’s mental health would dimmish as a result of experiencing IPV. The burden of violence against women is seen to be heavier in low- and middle-income countries (LMICs) compared to the rest of the world. Countries have committed to eliminating all forms of violence against women through the sustainable development goal, aiming to see changes by the year 2030. As such, various countries have implemented psychosocial interventions of different levels of impact. However, little is known, especially in low- and middle-income countries, with regard to the potential of psychosocial interventions for IPV to improve the mental health outcomes for the survivors and/or victims of IPV. Analysing the risk for IPV through a social-ecological theoretical approach, low- and middle-income countries still readdressing gender inequality which is the cause of intimate partner violence. That is why it is taking time for these countries to shift psychosocial interventions to focus more on the improvement of the mental health of the survivors. It is, therefore, against this backdrop that the researcher intends to undertake a scoping review to understand the nature and characteristics of psychosocial interventions that have been implemented in low- and middle-income countries. With the findings from the scoping review, the researcher aims to develop a conceptual framework that may be a useful resource for healthcare practitioners and researchers in low- and middle-income countries. As this area of research has not been thoroughly reviewed, the results from this scoping will determine whether a systematic review will be justifiable. Additionally, the researcher will identify gaps and opportunities for future research in this area.

Keywords: mental health improvement, psychosocial interventions, intimate partner violence, LMICs

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5008 Bangladeshi English Teachers’ Understanding of Teacher Autonomy

Authors: Rubaiyat Jahan

Abstract:

This paper reports some findings of a study on the issues related to teacher autonomy in the Bangladeshi school contexts, and data of this research was collected from fourteen practicing English teachers of Bangladesh through semi structured interviews. The theoretical underpinning of teacher autonomy, on an apparent note, focuses on the behavioral aspects of teacher autonomy hence emphasizing mostly on the teachers’ capacity for self-directed acts of teaching and self-directed acts of professional development. Yet, a contemporary literature survey of teacher autonomy seems to be concerned more on the political interpretations of teacher autonomy. Thus, autonomous teachers are expected to generate their personal theories of teaching from their practices. The idea of personal theories of practice upholds the view that along with the teaching, teachers need to engage themselves in various classroom based research with a view to theorising from their practices. The findings of this research indicate enormous evidence of behavioral aspects of teacher autonomy. As the data of this research suggests, the participant teachers’ understanding of classroom situations, their reflections on the situational realities and opting for classroom decisions on the basis of those realizations are some good examples of teacher autonomy. Also, a few teachers’ stated teaching practices seem to reflect, though in a subtle way, their effort of outlining context embedded personal theories of teaching. This paper has got one significant pedagogical implication for the teacher education. Any teacher education must promote the conditions and capabilities for the present and prospective teachers for the role of theorisers in addition to develop their professional, procedural, and personal knowledge base.

Keywords: personal theories of practice, self-directed acts of professional development, self-directed acts of teaching, teacher autonomy

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5007 Projectification: Using Project Management Methodology to Manage the Academic Program Review

Authors: Adam Marks, Munir Majdalawieh, Maytha Al Ali

Abstract:

While research is rich with what criteria could be included in the academic program review processes, there is rarely any mention of how this significant and complex process should be managed. This paper proposes using project management methodology in alignment with the program review criteria of the Dickeson’s Prioritizing Academic Programs model. Project management and academic program review share two distinct characteristics; one is their life cycle, and the second is the core knowledge areas they use. This aligned and structured approach offers academic administrators a step-by-step guide that can help them manage this process and effectively assess academic programs.

Keywords: project management, academic program, program review, education, higher education institution, strategic management

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5006 The Readiness of Bodies Corporate in South Africa for Third Generation Sectional Title Legislation: An Accountancy Perspective

Authors: Leandi Steenkamp

Abstract:

After being in effect since the late 1970s, first generation sectional title legislation in South Africa was completely overhauled in recent years into what is now commonly referred to as third generation sectional title legislation. The original Sectional Titles Act was split into three separate statutes, namely the Sectional Titles Schemes Management Act No. 8 of 2011, the Sectional Titles Amendment Act No. 33 of 2013 and the Community Schemes Ombud Service Act No. 9 of 2011, with various Regulations detailing how the different acts should be applied in practice. Even though some of the changes effected by the new legislation is simply technical adjustments and replications of the original first generation legislation, the new acts introduce a number of significant changes that will have an effect on accountancy and financial management aspects of sectional title schemes in future. No academic research has been undertaken on third generation sectional title legislation in South Africa from an accountancy and financial management perspective as yet. The aim of this paper is threefold: Firstly, to discuss the findings of a literature review on the new third generation sectional title legislation, with specific reference to accountancy-related aspects. Secondly, the empirical findings of accountancy-related aspects from the results of a quantitative study on a sample of bodies corporate will be discussed. The sample of bodies corporate was selected from four different municipal areas in South Africa. Specific reference will be made to the readiness of bodies corporate regarding the provisions of the new legislation. Thirdly, practical recommendations will be made on how bodies corporate can prepare for the new legislative aspects, and further research opportunities in this regard will be discussed.

Keywords: accountancy, body corporate, sectional title, third generation sectional title legislation

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5005 An Analysis of Illocutioary Act in Martin Luther King Jr.'s Propaganda Speech Entitled 'I Have a Dream'

Authors: Mahgfirah Firdaus Soberatta

Abstract:

Language cannot be separated from human life. Humans use language to convey ideas, thoughts, and feelings. We can use words for different things for example like asserted, advising, promise, give opinions, hopes, etc. Propaganda is an attempt which seeks to obtain stable behavior to adopt everyone to his everyday life. It also controls the thoughts and attitudes of individuals in social settings permanent. In this research, the writer will discuss about the speech act in a propaganda speech delivered by Martin Luther King Jr. in Washington at Lincoln Memorial on August 28, 1963. 'I Have a Dream' is a public speech delivered by American civil rights activist MLK, he calls from an end to racism in USA. In this research, the writer uses Searle theory to analyze the types of illocutionary speech act that used by Martin Luther King Jr. in his propaganda speech. In this research, the writer uses a qualitative method described in descriptive, because the research wants to describe and explain the types of illocutionary speech acts used by Martin Luther King Jr. in his propaganda speech. The findings indicate that there are five types of speech acts in Martin Luther King Jr. speech. MLK also used direct speech and indirect speech in his propaganda speech. However, direct speech is the dominant speech act that MLK used in his propaganda speech. It is hoped that this research is useful for the readers to enrich their knowledge in a particular field of pragmatic speech acts.

Keywords: speech act, propaganda, Martin Luther King Jr., speech

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5004 Independent Encryption Technique for Mobile Voice Calls

Authors: Nael Hirzalla

Abstract:

The legality of some countries or agencies’ acts to spy on personal phone calls of the public became a hot topic to many social groups’ talks. It is believed that this act is considered an invasion to someone’s privacy. Such act may be justified if it is singling out specific cases but to spy without limits is very unacceptable. This paper discusses the needs for not only a simple and light weight technique to secure mobile voice calls but also a technique that is independent from any encryption standard or library. It then presents and tests one encrypting algorithm that is based of frequency scrambling technique to show fair and delay-free process that can be used to protect phone calls from such spying acts.

Keywords: frequency scrambling, mobile applications, real-time voice encryption, spying on calls

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5003 Electronic-Word of Mouth(e-WoM): Preliminary Study of Malaysian Undergrad Students Smartphone Online Review

Authors: Norshakirah Ab.Aziz, Nurul Atiqah Jamaluddin

Abstract:

Consequently, electronic word-of-mouth (e-WoM) becomes one of the resources in the decision making process and considered a valuable marketing channel for consumers and organizations. Admittedly, there is increasing concern on the accuracy and genuine of e-WoM content because consumers prefer to look out product or service information available online. Thus, the focus of this study is to propose a model and guidelines how to select trusted online review content according to domain chosen –undergrad students smartphone online review. Undeniable, mobile devices like smartphone has now become a necessity in today are daily life to complete our daily chores. The model and guideline focused on product competency review and the message integrity. In other words, this study aims to enable consumers to identify trusted online review content, which helps them in buying decisions.

Keywords: electronic word of mouth, e-WoM, WoM, online review

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5002 Cross-Cultural Pragmatics: Apology Strategies by Libyans

Authors: Ahmed Elgadri

Abstract:

In the last thirty years, studies on cross-cultural pragmatics in general and apology strategies in specific have focused on western and East-Asian societies. A small volume of research has been conducted in investigating speech acts production by Arabic dialect speakers. Therefore, this study investigated the apology strategies used by Libyan Arabic speakers using an online Discourse Completion Task (DCT) questionnaire. The DCT consisted of six situations covering different social contexts. The survey was written in Libyan Arabic dialect to help generate vernacular speech as much as possible. The participants were 25 Libyan nationals, 12 females, and 13 males. Also, to get a deeper understanding of the motivation behind the use of certain strategies, the researcher interviewed four participants using the Libyan Arabic dialect as well. The results revealed a high use of IFID, offer of repair, and explanation. Although this might support the universality claim of speech acts strategies, it was clear that cultural norms and religion determined the choice of apology strategies significantly. This led to the discovery of new culture-specific strategies, as outlined later in this paper. This study gives an insight into politeness strategies in Libyan society, and it is hoped to contribute to the field of cross-cultural pragmatics.

Keywords: apologies, cross-cultural pragmatics, language and culture, Libyan Arabic, politeness, pragmatics, socio-pragmatics, speech acts

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