Search results for: supremacy of federal constitution

Authors: Joseph Ignagni, Rebecca Deen

Abstract:

This paper analyzes the extent to which the U.S. Supreme Court votes to support the position of the United States in cases where the government is a party to the litigation. This study considers the relationship between the Solicitor General’s Office and the U.S. Supreme Court. The Solicitor General has the unique position of being the representative of the Executive Branch and the U.S. government before the Supreme Court. While a great deal of research has looked at the Solicitor General’s success as a “friend of the court,” far less has considered this relationship when the U.S. is a direct party in the litigation. This paper investigates the success rate of the Solicitor General’s Office in these cases. We find that there is considerable variation in the U.S. government’s success rate before the Court depending on the issue, Supreme Court leadership, the ideological direction of the Court and whether the U.S. approached the Court as a petitioner or respondent. We conduct our analysis on the Court’s decisions from 1953-2009. This study adds to our understanding of checks and balances, separation of powers, and inter-institutional relationships between the branches of the federal government of the United States.

Keywords: U.S. president, solicitor general, U.S. Supreme Court, separation of power, checks and balances

Procedia PDF Downloads 329

Authors: Theophilius Adekunle Tinuoye

Abstract:

Trade unions are groups formed essentially to promote, articulate and enhance the welfare of workers. They are expected to defend the workers interests and participate actively in workplace exchanges. But for trade unions to function effectively and actualize their lofty aspirations in the context of the current dynamic and ever-changing industrial relations context, they must not only have qualified and competent leaders, but also flexible and effective structure, systems, organograms, constitution, and administrative processes in place to compliment their policies and programmes. An important aspect of industrial relations is the existence of cordial tripartite or bipartite interactions between stakeholders and other social partners that are indispensable to the creation of positive and mutually beneficial exchanges and outcomes. This paper canvassed that unions must be structurally viable and administratively cohesive in order to be effective, pragmatic, functional and remain relevant. It also argued that weak, structurally deficient and less organized unions often find it immensely difficult to actualize workers goals. Finally, it outlined basic principles that will enhance union administration, guarantee that unions will continue to satisfy the yearnings of its members in these trying times and finally foster peaceful industrial relations climate and cordial labor relations between trade unions, employers /management and government.

Keywords: governance, labor relations, trade unions, workers

Procedia PDF Downloads 312

Authors: Mahrukh Shehzadi

Abstract:

Pakistan is a democratic republic but has spent much time under military rulers; after a few years of independence, Pakistan faced three martial laws in 1958, 1969, and 1977, and the latest in 1999 by General Musharraf. The purpose of this thesis is to analyze the politics, policies and overall performance of Pakistan People’s Party Government from 2008-2013. PPP won a significant victory in the elections of 2008. The co-chairman, Mr. Asif Ali Zardari, announced the end of the fourth dictatorship. It was for the first time in Pakistan’s history that an elected government completed its term (2008-2013). While the completion of its term is an achievement, the performance of the democratically-elected government – federal, provincial and local does not inspire much confidence. Poor governance, persistent confrontational relations between the executive and the judiciary, charges of corruption, and the incompetence of the political leadership to build consensus to combat terrorism continue to cast criticisms on the democratic process and the civilian regime’s capability to sustain democracy. In the present study, the researcher will try to describe and explain the public thinking pattern regarding the policies opted for by the PPP-led government and their impact on the people’s minds of Pakistan.

Keywords: democracy, performance, policies, state, manifesto

Procedia PDF Downloads 28

Authors: M. S. Riyazulla

Abstract:

Since the dawn of the 21st century, there has been a perceptible decline in Islamic supremacy in world affairs, apart from the gradual waning of the amiable relations and relevance of Islamic countries in the International political arena. For a long, Islamic countries have been marginalised by the superpowers in the global conflicting issues. This was evident in the context of their recent invasions and interference in Afghanistan, Syria, Iraq, and Libya. The leading International Islamic organizations like the Arab League, Organization of Islamic Cooperation, Gulf Cooperation Council, and Muslim World League did not play any prominent role there in resolving the crisis that ensued due to the exogenous and endogenous causes. Hence, there is a need for Islamic countries to create a credible International Islamic organization that could dictate its terms and shape a new Islamic world order. The prominent Islamic countries are divided on ideological and religious fault lines. Their concord is indispensable to enhance their image and placate the relations with other countries and communities. The massive boon of oil and gas could be synergistically utilised to exhibit their omnipotence and eminence through constructive ways. The prevailing menace of Islamophobia could be abated through syncretic messages, discussions, and deliberations by the sagacious Islamic scholars with the other community leaders. Presently, as Muslims are at a crossroads, a dynamic leadership could navigate the agitated Muslim community on the constructive path and herald political stability around the world. The present political disorder, chaos, and economic challenges necessities a paradigm shift in approach to worldly affairs. This could also be accomplished through the advancement in science and technology, particularly space exploration, for peaceful purposes. The Islamic world, in order to regain its lost preeminence, should rise to the occasion in promoting peace and tranquility in the world and should evolve a rational and human-centric solution to global disputes and concerns. As a splendid contribution to humanity and for amicable international relations, they should devote all their resources and scientific intellect towards space exploration and should safely transport man from the Earth to the nearest and most accessible cosmic body, the Moon, within one hundred years as the mankind is facing the existential threat on the planet.

Keywords: carboniferous period, Earth, extinction, fossil fuels, global leaders, Islamic glory, international order, life, marginalization, Moon, natural catastrophes

Procedia PDF Downloads 43

Authors: Rodrigo Guimarães Santos

Abstract:

The quality of public transport services has been considered as a critical factor by their users and also by users of individual transport. Thus, this dissertation aims to adapt a model that assesses the quality of public transport and determines its level of service based on the views of its users. The methodology is widely used by marketers and allows measuring the quality of services by assessing the perceptions and expectations of users. The adapted SERVQUAL was tested with users of public transport service users and car in Brasília-DF, city of Brazil. This research involved 241 questionnaires answered by people living in the various administrative regions of Brasília-DF. The analysis of the determinants pointed out that the quality of the public transport service offered in the city is low and users of public transport and cars have a high degree of expectations for improvement in all tested determinants. This method enabled the identification of the most critical determinants and those needing strategic actions for continuous improvement of quality. Adapting the SERVQUAL for a public transport service was satisfactory and demonstrated applicability to internal and external services, including measuring the public transport services in other cities with the opinion of the users.

Keywords: transportation services, quality services, servqual scale and marketing services

Procedia PDF Downloads 357

Authors: Tajuddin Mohamad Rasdi, Chung Ming Zhe, Nurul Anida Mohamad

Abstract:

This research paper aims to examine the lack of the idea of democracy and its concept among Malaysia’s citizens. In fact, all civil servants, whether federal or state departments, are the machinery of citizens. The objective of this research is to evaluate the administrative buildings in Selangor from the perspective of democratic architecture. The methodology used in this research is by reviewing and evaluating the selected administrative building, Majlis Bandaraya Petaling Jaya, as a case study, and the interview was conducted. The data collection was recorded based on a few criteria of the following architectural characteristic and management principles (public square, town hall, meeting rooms, convenient parking space, humanitarian spaces, public spaces) and architectural design elements (scale and massing, ornament, elevational language, accessibility, and spatial hierarchy). The analysis result shows that the administrative building elements which show the idea of democracy are not reflected well in some of the criteria that restrict the public, but those setbacks could be improved.

Keywords: democratic architecture, case study, design elements, administrative buildings

Procedia PDF Downloads 88

Authors: Sonia Darshini Singh

Abstract:

Recently, the Supreme Court and the federal government made affirmative action illegal. Colleges and universities are no longer allowed to consider race in admissions policies. Colleges and universities had the opportunity to increase racial diversity through affirmative action. Instead, a recent educational outlook has emerged where this race-conscious affirmative action is banned, and elitism is prioritized, thus altering the collegiate experience of students of color. While the statute restricts the consideration of race as a facet in admissions, this prohibition should not allow for the gravity of race and structural racism in the lives of marginalized students to diminish, nor should it limit further efforts to establish equitable access and outcomes for students of color. Not much is known about the racialized experiences of students of color who attend predominantly white institutions in the post-affirmative action era. The purpose of this ethnographic study will be to understand the racialized experiences of students who attend predominantly white institutions (PWI) in New York. This also aims to examine the potential data triangulation between what students wrote about to get into college and their actual racialized experience.

Keywords: higher education, predominantly white institution, equity, accessibility, affirmative action

Procedia PDF Downloads 15

Authors: Teten Masduki

Abstract:

Indonesia is a unitary state which has a wide range of cultures, local languages, religions, ethnicity, race, traditions, and beliefs held by people who are scattered in several islands Indonesia. But with such diversity has the potential to cause various problems in society. Because one of the characteristics of diversity is the difference. Unresolved differences could develop into conflicts or contradictions in society. Pancasila as the philosophy and ideology of the nation was stated in the opening of the 1945 Constitution as an alternative solution to the conflict that occurred in Indonesia. Because the ideology of Pancasila role as a nation and also as an integral tool that upholds humanity, justice, unity, harmony, and balance on the belt by the five precepts. If the values contained in Pancasila can be applied and lived by the public of Indonesia, it will be the creation of a just, peaceful and peace. However, the lack of public awareness in implementing pancsila can lead to conflict within the community itself, such as the existence of separatist movements in Papua who gathered in the Organisasi Papua Merdeka (OPM) with the active movement that has a lot of casualties. This paper raised the topic of which offer solutions revitalization (reviving) the values of Pancasila as an alternative solution to the conflict in Indonesia is based on a case study of separatist movements in Papua. This paper will also discuss the implementation of strategic steps in the implementation of solutions which are summarized in the conclusions of this paper.

Keywords: Pancasila, separatism, revitalization, democracy

Procedia PDF Downloads 245

Authors: Olu Ale, Olugbenga Aribisala, Sanmi Awopetu

Abstract:

Groundwater (Wells) is obtained from several well-defined and different water-bearing geological layers or strata. The physical, chemical and bacteriological quality of the water contributed from each of these water-bearing formations and resultant effects of indiscriminate wastes disposal will be dependent on the dissolution of material within the formation. Therefore, water withdrawn from any ground water source will be a composite of these individual aquifers. The water quality was determined by actual sampling and analysis of the completed wells. This study attempted to examine the physicochemical and bacteriological water quality of twenty five selected wells comprising twenty boreholes (deep wells) and five hand dug wells (shallow wells). The twenty five wells cut across the entire Ado Ekiti Metropolitan area. The water samples collected using standard method was promptly taken to water laboratory at the Federal Polytechnic Ado-Ekiti for analysis, physical, chemical and bacteriological tests were carried out. Quality characteristics tested were found to meet WHO’s standard and generally acceptable, making it potable for drinking in most situations, thus encouraging the use of groundwater. Possible improvement strategies to groundwater exploitation were highlighted while remedies to poor quality water were suggested.

Keywords: bacteriological, physicochemical, quality, wells, Ado Ekiti

Procedia PDF Downloads 341

Authors: Mohd Aderi Che Noh, Tuan Rahayu Tuan Lasan

Abstract:

Higher order thinking skills (HOTS) is an important skill in the Malaysian education system to produce a knowledgeable generation, able to think critically and creatively in order to face the challenges in the future. Educational challenges of the 21st century require that all students to have the HOTS. Therefore, this study aims to identify the level of knowledge, attitude and readiness of students towards HOTS. The respondents were 127 form four students from schools in the Federal Territory of Putrajaya. This study is quantitative survey using a questionnaire to collect data. Data were analyzed using Statistical Package for the Social Sciences (SPSS) 23.0. The results showed that knowledge, attitudes and readiness of students towards HOTS lam were at a high level. Inferential analysis showed that there was a significant relationship between knowledge with attitude and readiness towards HOTS. This study provides information to the schools and teachers to improve the teaching and learning to increase students HOTS and fulfilling the hope of Ministry of Education to produce human capital who can be globally competitive.

Keywords: high order thinking skills, teaching, education, Malaysia

Procedia PDF Downloads 191

Authors: Ibrahim Abubakar Mikugi

Abstract:

Nigerian graduates could only be self-employed and marketable if they acquire relevant skills and knowledge for successful establishment in various occupation and gainful employment. Research has shown that entrepreneurship education will be successful through developing individual entrepreneurial attitudes, raising awareness of career options by integrating and inculcating a positive attitude in the mind of students through skill acquisition. This paper examined the student- led entrepreneurship education through skill acquisition with specific emphasis on analysis of David Kolb experiential learning cycle. This Model allows individual to review their experience through reflection and converting ideas into action by doing. The methodology used was theoretical approach through journal, internet and Textbooks. Challenges to entrepreneurship education through skill acquisition were outlined. The paper concludes that entrepreneurship education is recognised by both policy makers and academics; entrepreneurship is more than mere encouraging business start-ups. Recommendations were given which include the need for authorities to have a clear vision towards entrepreneurship education and skill acquisition. Authorities should also emphasise a periodic and appropriate evaluation of entrepreneurship and to also integrate into schools academic curriculum to encourage practical learning by doing.

Keywords: entrepreneurship, entrepreneurship education, active learning, Cefe methodology

Procedia PDF Downloads 482

Authors: Itiola Kehinde Adeniran

Abstract:

This paper investigated the influence of harnessing entrepreneurial opportunities on the national security in Nigeria with a specific focus on the security situation of the post-amnesty programmes of the Federal Government in Ondo State. The self-administered structured questionnaire was employed to collect data from one hundred and twenty participants through purposive sampling method. Inferential statistics was used to analyze the data, specifically; ordinary least squares linear regression method was employed with the aid of statistical package for social science (SPSS) version 20 in order to determine the influence of independent variable (entrepreneurial opportunities) on dependent variable (national security). The result showed that business opportunities have a significant influence on the rate of criminal activities. The study also revealed that entrepreneurial opportunity creation and discovery as well as providing a model on how these entrepreneurial opportunities could be effectively and efficiently utilized jointly predict better national security, which counted for 69% variance of crime rate reduction. The paper, therefore, recommended that citizens should be encouraged to develop an interest in the skill-based activities in order to change their mindset towards self-employment which can motivate them in identify entrepreneurial opportunities.

Keywords: entrepreneurship, entrepreneurial opportunities, national security, unemployment

Procedia PDF Downloads 302

Authors: Ema Septaria, Muhammad Yamani, N. S. B. Ambarini

Abstract:

The problem begins with the imposition of fine penalties by Ipuh small fishermen for customary fishing vessels encroaching catchment area in the Ipuh, a village in Muko-Muko, Bengkulu, Indonesia. Two main reasons for that are fishermen from out of Ipuh came and fished in Ipuh water using trawl as the gear and the number of fish decrease time by time as a result of irresponsible fishing practice. Such conflict has lasted since long ago. Indonesia Governing laws do not rule the utilization of sea territory by small fishermen that when the conflict appears there is a rechtvacuum on how to solve the conflict and this leads to a chaos in society. In Ipuh itself, there has been a local law in fisheries which they still adhere up to present because they believe holding to the law will keep the fish sustain. This is an empirical legal research with socio legal approach. The results of this study show even though laws do not regulate in detail about the utilization of sea territory by small fishermen, there is an article in Fisheries Act stating fisheries activity has to put attention to local law and community participation. Furthermore, constitution governs that the land, the waters and the natural resources within shall be under the powers of the State and shall be used to the greatest benefit of the people. With the power, Government has to make a policy that reinforces what has been ruled in Ipuh local law. Besides, Bengkulu Governor has to involve Ipuh community directly in managing their fisheries to ensure the fisheries sustainability therein.

Keywords: local law, reinforcement, conflict, sea utilization, small fishermen

Procedia PDF Downloads 289

Authors: Maya Jaber

Abstract:

In today's ever-changing world, organizational leaders will need to transform their organizations to meet the demands they face from employees, consumers, local and federal governments, and the global market. Change agents and leaders will need a new paradigm of thinking for creative problem solving and innovation in a time of uncertainty. A new framework that is developed from Design Science Research foundations with holistic design thinking methodologies (HTDM) and action research approaches has been developed through Dr. Jaber’s research. It combines these philosophies into a three-step process that can be utilized in practice for any sustainability, change, or project management applications. This framework was developed to assist in the pedagogy for the implementation of her holistic strategy formalized framework Integral Design Thinking (IDT). Her work focuses on real world application for the streamlining and adoption of initiatives into organizational culture transformation. This paper will discuss the foundations of this philosophy and the methods for utilization in practice developed in Dr. Jaber's research.

Keywords: design science research, action research, critical thinking, design thinking, organizational transformation, sustainability management, organizational culture change

Procedia PDF Downloads 154

Authors: Miron Wolnicki

Abstract:

In the past 75 years the world was either influenced by, competing with or learning from U.S. corporations. This is no longer true. As the economic power shifts from the West to the East, U.S. corporations are lagging behind Asian competitors. Moreover, U.S. statecraft fails to address this decline. In a world dominated by interventionist and neo-mercantilist states, having an ineffective non-activist government becomes a costly neoclassic delusion which weakens the world’s largest economy. American conservative economists continue talking about the superiority of the free market system in generating new technologies. The reality is different. The U.S. is sliding further into an overregulated, over-taxed, anti-business state. This paper argues that in order to maintain its economic strength and technological leadership, the U.S. must reform federal institutions to increase support for artificial intelligence and other cutting-edge technologies. The author outlines a number of institutional reforms, under one umbrella, which he calls the American Entrepreneurial State (AES). The AES will improve productivity and bring about coherent business strategies for the next 10-15 years. The design and inspiration for the AES come from the experience of successful statecraft examples in Asia and also other parts the global economy.

Keywords: post-neoliberal system, entrepreneurial state, government and economy, American entrepreneurial state

Procedia PDF Downloads 93

Authors: Abubakar Yusha’U Zubairu

Abstract:

The study aimed to investigate the influence of computers and the internet on attitudes and academic achievements among undergraduate chemistry students. It also focused on examining gender differences. 120 students were selected, comprising 80 males and 40 females, and divided into three groups, experimental groups E1 and E2 and a control C group comprising 40 students each. The Chemistry Attitude Scale (CAS) and the Chemistry Achievement Test (CAT) were used to collect data. Two different CAT methods – ChemDraw and ChemSketch learning software were used and applied to E1 and E2, respectively, whereas C was taught by the traditional method. For the gender difference, two groups were formed: group 1 (G1) and Group 2 (G2), comprising 40 males and 40 females. Significant differences between C and both E1 and E2 were found. Furthermore, CAT in E1&E2 was significantly higher than C. The findings showed that Undergraduate chemistry students in FCE have a positive attitude toward the use of computers and the internet, and gender varies in opposite directions. It is recommended that schools should provide computers and internet facilities with a regular supply of electricity. This will enhance attitudes towards the use of computer and internet resources and improve academic achievement.

Keywords: chemdraw, chemsketch, attitude, academic achievement.

Procedia PDF Downloads 10

Authors: Chanho Park, Juneseok You, Kuewhan Jang, Sungsoo Na

Abstract:

Detection technique of nanotoxic materials is strongly imperative, because nano-toxic materials can harmfully influence human health and environment as their engineering applications are growing rapidly in recent years. In present work, we report the DNA immobilized quartz crystal microbalance (QCM) based sensor for detection of nano-toxic materials such as silver ions, Hg2+ etc. by using functionalization of quartz crystal with a target-specific DNA. Since the mass of a target material is comparable to that of an atom, the mass change caused by target binding to DNA on the quartz crystal is so small that it is practically difficult to detect the ions at low concentrations. In our study, we have demonstrated fast and in situ detection of nanotoxic materials using quartz crystal microbalance. We report the label-free and highly sensitive detection of silver ion for present case, which is a typical nano-toxic material by using QCM and silver-specific DNA. The detection is based on the measurement of frequency shift of Quartz crystal from constitution of the cytosine-Ag+-cytosine binding. It is shown that the silver-specific DNA measured frequency shift by QCM enables the capturing of silver ions below 100pM. The results suggest that DNA-based detection opens a new avenue for the development of a practical water-testing sensor.

Keywords: nano-toxic ions, quartz crystal microbalance, frequency shift, target-specific DNA

Procedia PDF Downloads 295

Authors: Desiree David

Abstract:

South Africa has one of the highest rates of HIV infection in the world, with a sizable percentage of the population living with HIV. A substantial number of new infections occur as a result of sexual activity. South African courts have awarded civil claims for damages as a result of the transmission of HIV as a result of non-disclosure by the HIV-positive sexual partner, and more recently, the criminal courts have also convicted and sentenced individuals accused of infecting others as a result of sexual activity. This paper will analyse some case law from South African court cases that have dealt with criminal convictions for the transmission of HIV, and the potential for more widespread prosecutions of these cases. It will also address the desirability of this trend in light of the social public health system, as well as human rights concerns surrounding this highly contentious issue. This will be done by considering some applicable provisions of the Bill of Rights such as the right to privacy and equality, as espoused in the Constitution of the Republic of South Africa. The paper further addresses the experience of other jurisdictions such as Canada, Singapore, Lesotho and Uganda, by analyzing case law, and consider the pitfalls of criminalizing a wide spectrum of sexual conduct that could result in the transmission of HIV. The paper concludes with a proposal that the issue of criminalizing the transmission of HIV cannot be addressed by the criminal justice system alone, as to do so could result in harsh consequences for those living with HIV. As such individuals may be burdened with additional responsibilities that could potentially impact on the rights of the individual. This may ultimately result in injustice for those living with HIV.

Keywords: criminalization, HIV, human rights, South Africa

Procedia PDF Downloads 316

Authors: Smita Singh

Abstract:

The paper develops a critical framework to the hegemonic discourses resorted to by the dominant powers in the global security architecture. Within this framework, security is viewed as a discourse through which identities and threats are represented and produced to legitimize the security concerns of few at the cost of others. International security have long been driven and dominated by power relations. Since the end of the Cold War, the global transformations have triggered contestations to the idea of security at both theoretical and practical level. These widening and deepening of the concept of security have challenged the existing power hierarchies at the theoretical level but not altered the substance and actors defining it. When discourses are introduced into security studies, several critical questions erupt: how has power shaped security policies of the globe through language? How does one understand the meanings and impact of those discourses? Who decides the agenda, rules, players and outliers of the security? Language as a symbolic system and form of power is fluid and not fixed. Over the years the dominant Western powers, led by the United States of America have employed various discursive practices such as humanitarian intervention, responsibility to protect, non proliferation, human rights, war on terror and so on to reorient the constitution of identities and interests and hence the policies that need to be adopted for its actualization. These power relations are illustrated in this paper through the narratives used in the nonproliferation regime. The hierarchical security dynamics is a manifestation of the global power relations driven by many factors including discourses.

Keywords: hegemonic discourse, global security, non-proliferation regime, power politics

Procedia PDF Downloads 295

Authors: Weber A. R. Souza, Andre A. N. Dantas, Marcio A. Medeiros, Rafaella F. Costa

Abstract:

The erosive processes are natural phenomena that cause changes in the soil continuously due to the actions of natural erosive agents and their speed can be intensified or retarded by factors such as climate, inclination, type of matrix rock, vegetation and anthropic activities, the latter being very relevant in occupied areas without planning and urban infrastructure. Inadequate housing sites associated with an inefficient urban drainage network and lack of vegetation cover potentiate the erosive processes that, over time, are gaining alarming proportions, as is the case of the erosion in Planaltina in Federal district, a Brazilian state in the central west. Thus, the aim of this work was to compare the use of Vetiver grass and Alfalfa as vegetation cover to slope protection. For that, a study was carried out in the scientific literature about the improvement of the soil properties provided by them and verification of the safety factor through the simulation of slopes with different heights and inclination using SLOPE / W software. The Vetiver grass presented little more satisfactory results than the Alfalfa, but these obtained results slightly closer to that of the vetiver grass in less time of planting.

Keywords: erosive processes, planting, slope protection, vegetation cover

Procedia PDF Downloads 140

Authors: Mandlenkosi Richard Mphatheni

Abstract:

The Constitution of the Republic of South Africa (Act 108 of 1996 section 28(1) (d)) states, ‘Every child has the right to be protected from maltreatment, neglect, abuse, and degradation’. Qualitative research studied perceptions of the selected sample. Objectives of the research were to determine factors that influence perpetrators of sexual violence to target children, the risk factors of child sexual abuse, the effects of child sexual abuse on the development of the child, and the community prevention measures to minimize the risks of child sexual abuse. The research aimed to understand perspective and experiences of the Ngangelizwe community members on the problem of sexual violence against children and the perpetrator’s perceived motive for sexually abusing children. Convenience non-probability sampling technique was adopted to select 20 participants within the Ngangelizwe Township at Mthatha. Thematic analyses were used to analyse data. It was found that sexual abuse of children affects severely child and parents, while the community reported to be trivially affected by the sexual abuse of a child. The research revealed ignorance of some forms of sexual violence, as the commonly known form of sexual violence was rape. Therefore, ignorance of community members regarding various forms of sexual abuse means that such acts are either ignored, tolerated, or even regarded as acceptable. It thus means that community members cannot reject any actions or behaviour if they themselves are ignorant of what constitutes sexual violence. This study recommends that communities should be educated about different sexual offenses.

Keywords: child sexual abuse, community, childhood attachment, adult attachment

Procedia PDF Downloads 111

Authors: Chukwuemeka Castro Nwabuzor

Abstract:

The 2015 Administration of Criminal Justice Act in Nigeria clearly sets out conditions for bail for felonies, lesser offenses and capital offenses. Even where the conditions for bail are met, granting an application for bail is not automatic as it is subject to the discretion of the court. Where the court, however, grants bail to an accused, the detaining authority which usually is the executive arm of government is bound to comply with the order of the court. This paper discusses the constitutionality of the continued detention of criminal suspects in disobedience to an order of the court and in the absence of an appeal. Particularly, the paper looks at the rights to personal liberty, the dignity of the human person and also the presumption of innocence which remains one of the crucial pillars of our criminal jurisprudence. The paper analyses the reasons posed by the executive for the continued detention of a suspect including State security and security of the suspect and questions whether the reasons are reasonable justifiable in a constitutional democratic society and whether they breach the principles of separation of powers. The paper concludes that the continued detention criminal of suspects in disobedience to court orders constitutes contempt of court and dishonours the principles of separation of powers enshrined in the Nigerian Constitution. This paper makes a strong case for the donation of more enforceable powers to the judiciary particularly with regards to the granting of compensation orders against the executive and ensuring compliance by the executive to bail orders.

Keywords: breach of fundamental rights, contempt of court, discretion of court, right to bail, separation of powers

Procedia PDF Downloads 142

Authors: Yeukai Mupangavanhu

Abstract:

The paper examines the concept of ubuntu and the extent to which it can play a role in ensuring fairness and justice in contractual relationships. Courts are expected to balance sanctity of contract and fairness. Public policy is currently a mechanism which is used by courts when balancing the above two competing interests. It, however, generally favours the freedom and sanctity of contract. The question which is addressed in this paper is whether the concept of ubuntu is an alternative mechanism that may be used to mitigate the sometimes harsh and unfair consequences of the doctrine of freedom and sanctity of contract. A comparative study and case analysis is the methodology that is used in this article. Unfairness in contracts is generally related to the problem of inequality in bargaining power underscored by deeply entrenched social and economic inequalities that are a consequence of apartheid and patriarchy. The transformative nature of the constitution demands the inclusion of African legal ideas and values in the legal order. There is a need for the harmonisation of western ideals which are based on the classical model of law of contract with relevant African principles. In order to attain a transformative legal order that promotes a societal transformation and enhances the lives of everyone courts cannot continue to frown upon African values. Ubuntu has the potential of steering the law of contract in a more equitable direction. The substantive rules of contract law undoubtedly need to be infused with the notion of ubuntu. The reconciliation of Western and African values is at the heart of legal transformation.

Keywords: fairness, sanctity of contract, contractual justice, transformative constitutionalism

Procedia PDF Downloads 226

Authors: Shailendra Kumar Singh

Abstract:

With the rise of New Linguistic World Order in the 21st century, the Aged Pragmatics is palpitating on the edge of theoretical irrelevance. What appears to be a new sociolinguistic reality is that the enlightening combination of alternative west, inclusive globalization and techno-revolution is adding novel recipes to communicative actions, style and gain among new linguistic breed which is being neither dominated nor powered by the western supremacy. The paper has the following main, interrelated, aims: it is intended to introduce the concept of alternative pragmatics that can offer what exactly is needed for our emerging societal realities; it asserts as to how the basic pillar of linguistic success in the new linguistic world order rests upon linguistic temptation and calibration of all; and it also reviews an inevitability of emerging economies in shaping the communication trends at a time when the western world is struggling to maintain the same control on the others exercised in the past. In particular, the paper seeks answers for the following questions: (a) Do we need an alternative pragmatics, one with alternativist leaning in an era of inclusive globalization and alternative west? (b) What are the pulses of shift which are encapsulating emergence of new communicative behavior among the new linguistic breed by breaking yesterday’s linguistic rigidity? (c) Or, what are those shifts which are making linguistic shift more perceptible? (d) Is New Linguistic World Order succeeding in reversing linguistic priorities of `who speaks, what language, where, how, why, to whom and in which condition’ with no parallel in the history? (e) What is explicit about the contemporary world of 21st century which makes linguistic world all exciting and widely celebrative phenomenon and that is also forced into our vision? (f) What factors will hold key to the future of yesterday’s `influential languages’ and today’s `emerging languages’ as world is in the paradigm transition? (g) Is the collapse of Aged Pragmatics good for the 21st century for understanding the difference between pragmatism of old linguistic world and new linguistic world order? New Linguistic world Order today, unlike in the past, is about a branding of new world with liberal world view for a particular form of ideal to be imagined in the 21st century. At this time without question it is hope that a new set of ideals with popular vocabulary will become the implicit pragmatic model as one of benign majoritarianism in all aspects of sociolinguistic reality. It appears to be a reality that we live in an extraordinary linguistic world with no parallel in the past. In particular, the paper also highlights the paradigm shifts: Demographic, Social-psychological, technological and power. These shifts are impacting linguistic shift which is unique in itself. The paper will highlight linguistic shift in details in which alternative west plays a major role without challenging the west because it is an era of inclusive globalization in which almost everyone takes equal responsibility.

Keywords: inclusive globalization, new linguistic world order, linguistic shift, world order

Procedia PDF Downloads 320

Authors: Pierre-Andre Mudry, Jean Decaix, Jeremy Schmid, Cesar Papilloud, Cecile Munch-Alligne

Abstract:

In most of the Swiss Alpine regions, the availability of water resources is usually adequate even in times of drought, as evidenced by the 2003 and 2018 summers. Indeed, important natural stocks are for the moment available in the form of snow and ice, but the situation is likely to change in the future due to global and regional climate change. In addition, alpine mountain regions are areas where climate change will be felt very rapidly and with high intensity. For instance, the ice regime of these regions has already been affected in recent years with a modification of the monthly availability and extreme events of precipitations. The current research, focusing on the municipality of Val de Bagnes, located in the canton of Valais, Switzerland, is part of a project led by the Altis company and achieved in collaboration with WSL, BlueArk Entremont, and HES-SO Valais-Wallis. In this region, water occupies a key position notably for winter and summer tourism. Thus, multiple actors want to apprehend the future needs and availabilities of water, on both the 2050 and 2100 horizons, in order to plan the modifications to the water supply and distribution networks. For those changes to be salient and efficient, a good knowledge of the current water distribution networks is of most importance. In the current case, the water drinking network is well documented, but this is not the case for the irrigation one. Since the water consumption for irrigation is ten times higher than for drinking water, data acquisition on the irrigation network is a major point to determine future scenarios. This paper first presents the instrumentation and simulation of the irrigation network using custom-designed IoT devices, which are coupled with a digital clone simulated to reduce the number of measuring locations. The developed IoT ad-hoc devices are energy-autonomous and can measure flows and pressures using industrial sensors such as calorimetric water flow meters. Measurements are periodically transmitted using the LoRaWAN protocol over a dedicated infrastructure deployed in the municipality. The gathered values can then be visualized in real-time on a dashboard, which also provides historical data for analysis. In a second phase, a digital clone of the irrigation network was modeled using EPANET, a software for water distribution systems that performs extended-period simulations of flows and pressures in pressurized networks composed of reservoirs, pipes, junctions, and sinks. As a preliminary work, only a part of the irrigation network was modelled and validated by comparisons with the measurements. The simulations are carried out by imposing the consumption of water at several locations. The validation is performed by comparing the simulated pressures are different nodes with the measured ones. An accuracy of +/- 15% is observed on most of the nodes, which is acceptable for the operator of the network and demonstrates the validity of the approach. Future steps will focus on the deployment of the measurement devices on the whole network and the complete modelling of the network. Then, scenarios of future consumption will be investigated. Acknowledgment— The authors would like to thank the Swiss Federal Office for Environment (FOEN), the Swiss Federal Office for Agriculture (OFAG) for their financial supports, and ALTIS for the technical support, this project being part of the Swiss Pilot program 'Adaptation aux changements climatiques'.

Keywords: hydraulic digital clone, IoT water monitoring, LoRaWAN water measurements, EPANET, irrigation network

Procedia PDF Downloads 115

Authors: Andrew Enaifoghe

Abstract:

Municipalities are the most fundamental units of governance, and they are responsible for providing basic services and supporting growth in the areas they rule. South African local government is primarily understood in terms of service delivery, and the South African constitution provides municipalities with the responsibility of mobilizing economic resources, to better the lives of all people. Essential public services are the primary pillars of enhanced quality of life, and appropriate supplies of safe water and sanitation are required for life, well-being, and human dignity. Therefore, having access to basic services is directly tied to social inclusion and social capital, and towns' inability to offer services can have a negative influence on social and economic growth. The problem of service delivery is seen as one of the biggest challenges facing South African municipalities today. This study attempts to assess South African municipal service delivery. Focusing on the main causes of service delivery challenges, the study also looks at the impact of these challenges to identify ways to minimize such challenges by introducing legal instruments such as municipal budgeting and annual reports. A qualitative design was adopted, and data were collected using a desktop technique and analyzed based on content. While public engagement in municipal affairs is required by law, considerable work has to be done to ensure successful participation. Finally, municipalities were deemed to need to do more to improve human capacity to offer services.

Keywords: municipalities, service delivery, corruption, monitoring, South Africa

Procedia PDF Downloads 116

Authors: Talita Cavaignac

Abstract:

Adorno's critique of totality, especially in a split society marked by reification, also rests on the impossibility of generalizing normative principles. Given the unfeasibility of normative universalizations, which conditions can justify the possibility of criticism and normativity in Adorno's thought? If reason itself is still entangled in alienation from the model of the domination of nature, how could be possible a critical theory? In political terms, if the notion of totality is challenged by the critique of identity, how can Adorno maintain the ideal of liberation and reconciliation between private interests and the possibility of some sort of ethics without giving up a materialist theory of society and without betting in a necessary link between redemption and history? Faced with this complex of questions, it is intended to reflect on the sense in which the notion of ‘suffering’ could throw help to the epistemological problem of the foundations of criticism in Adorno's work. The idea is that, in contrast to a universalizable model of justice, Adorno mobilizes in the notion of ‘suffering’ a gateway to the critical reflection of society. He would thus develop an approach to moral problems through the sensual-bodily perspective, fear, pain, and somatic factors. Nevertheless, due to the attention to the damaged experience and to the constitution of subjectivity -a sense in which the concept of mimesis continues to stand out- we understand suffering as an expression of an objective reification. Following the statement of other authors, the intention is to think how the resources linked to the idea of ‘suffering’ in Adorno's writings are engaged in the reflection of the problem of morality and of the contradictions between universal and particular (articulated in Hegel's tradition).

Keywords: ethics, morality, sensitive, Theodor Adorno

Procedia PDF Downloads 113

Authors: Nasir Umar Abdullahi

Abstract:

The social media profoundly causes the reading culture to decline in Nigeria, where the English language is a second language (SL), a language of instruction (LI), as well as the target language (TL). This is because the university students have, over the years, failed to make extensive reading their closest companion, with much emphasis on reading the European novels, newspapers, magazines, etc., so as to learn language from its original or native speakers for linguistic competence. Instead, they squander the most part of their day and nocturnal hours, sending and receiving messages through social media. The end result is their vocabulary become stagnant or ebbs, and that they cannot acquire the Cox head’s 570 vocabulary, let alone the Nation’s 2000 vocabulary to use the language fluently in writing, reading, listening, and speaking and to further compete with the native speaker in varying degrees of language usages. Be that as it may, if the social media is a monster in worsening the decline in reading culture, which degenerates in the Northern part of the country in contradistinction to the Southern part, it boosts it as well, for aside the social media language, slangs, cliché, for instance, students improve their vocabulary power, and at the same time it allows the students to privately and leisurely put the language into use, by using practically some of the vocabulary they have acquired to chart, to comment, socialize to adjudge, etc. This is what this paper tries to explore in Umaru Musa Yar’adua University Al-qalam University and the Federal University Dutin-ma.

Keywords: social media, reading, vocabulary, universities

Procedia PDF Downloads 100

Authors: Jane Ebele Iloanya

Abstract:

The introduction of the learning outcome approach in contemporary curriculum design and instruction, has brought student–centered education to the fore. In teacher –centered teaching and learning, the teacher transfers knowledge to the students, who are always at the receiving end. The teacher is assumed to know it all and hardly trusts the knowledge of the students. Teacher-centered education places emphasis on the supremacy of the teacher over the students who should ideally, be able to dialogue with the teacher. The paper seeks to examine the issue of democratisation of the teaching and learning process in Institutions of Higher Learning in Botswana. Botswana is a landlocked country in Southern Africa, with a total population of about two million people. In 1977, Botswana’s First National Policy on Education was unveiled. This came eleven years after the country gained independence from Great Britain. The philosophy which informed the 1977 Education Policy was “Social Harmony”. The philosophy of social harmony has four main principles: Unity, Development, Democracy and Self- Reliance. These principles were meant to permeate all aspects of lives of the people of Botswana, including, the issue of how teaching and learning is conducted in Botswana’s institutions of higher learning. This paper will examine the practicalisation of the principle of democracy in teaching and learning at higher education level in Botswana. It will in particular, discuss the issue of students’ participation and engagement in the teaching and learning process. The following questions will be addressed: 1.Are students involved in planning the curriculum? 2.How engaged are the students in the teaching and learning process? 3.How democratic are the teachers in terms of students’ rights and privileges? A mixed–method approach will be adopted in this study. Questionnaires will be distributed to the students to elicit their views on the practicalisation of the principle of democracy at the higher education level. Semi-structured interview questions will be administered in order to collect information from the lecturers on the issue of democratisation of teaching and learning at the higher education level in Botswana. In addition, relevant and related literature will be reviewed to augment collected data. The study will focus on three tertiary institutions in Gaborone, the capital city of Botswana. Currently, there are ten tertiary institutions in Gaborone; both privately and government owned. The outcome of this study will add to the existing body of knowledge on the issue of the practicalisation of democracy at the higher education level in Botswana. This research is therefore relevant in helping to find out if democratisation of teaching and learning has been realised in Botswana’s Institutions of higher learning. It is important to examine Botswana’s national policy on education in this way to ascertain if it has been effective in giving the country’s education system that democratic element, which is essential for a student-centered approach to the teaching and learning process.

Keywords: democratisation, higher education, learning, teaching

Procedia PDF Downloads 277

Authors: Camille Aouinaït, Danilo Christen, Christoph Carlen

Abstract:

Introduction: Small and Medium-sized Enterprises (SMEs) are facing different challenges such as pressures on environmental resources, the rise of downstream power, and trade liberalization. Remaining competitive by implementing innovations and engaging in collaborations could be a strategic solution. In Switzerland, the Federal Institute for Research in Agriculture (Agroscope), the Federal schools of technology (EPFL and ETHZ), Cantonal universities and Universities of Applied Sciences (UAS) can provide substantial inputs. UAS were developed with specific missions to match the labor markets and society needs. Research projects produce patents, publications and improved networks of scientific expertise. The study’s goal is to measure the contribution of UAS and research organization to innovation and the impact of collaborations with partners in the non-academic environment in Swiss traditional fruit production. Materials and methods: The European projects Traditional Food Network to improve the transfer of knowledge for innovation (TRAFOON) and Social Impact Assessment of Productive Interactions between science and society (SIAMPI) frame the present study. The former aims to fill the gap between the needs of traditional food producing SMEs and innovations implemented following European projects. The latter developed a method to assess the impacts of scientific research. On one side, interviews with market players have been performed to make an inventory of needs of Swiss SMEs producing apricots and berries. The participative method allowed matching the current needs and the existing innovations coming from past European projects. Swiss stakeholders (e.g. producers, retailers, an inter-branch organization of fruits and vegetables) directly rated the needs on a five-Likert scale. To transfer the knowledge to SMEs, training workshops have been organized for apricot and berries actors separately, on specific topics. On the other hand, a mapping of a social network is drawn to characterize the links between actors, with a focus on the Swiss canton of Valais and UAS Valais Wallis. Type and frequency of interactions among actors have identified thanks to interviews. Preliminary results: A list of 369 SMEs needs grouped in 22 categories was produced with 37 fulfilled questionnaires. Swiss stakeholders rated 31 needs very important. Training workshops on apricot are focusing on varietal innovations, storage, disease (bacterial blight), pest (Drosophila suzukii), sorting and rootstocks. Entrepreneurship was targeted through trademark discussions in berry production. The UAS Valais Wallis collaborated on a few projects with Agroscope along with industries, at European and national levels. Political and public bodies interfere with the central area of agricultural vulgarization that induces close relationships between the research and the practical side. Conclusions: The needs identified by Swiss stakeholders are becoming part of training workshops to incentivize innovations. The UAS Valais Wallis takes part in collaboration projects with the research environment and market players that bring innovations helping SMEs in their contextual environment. Then, a Strategic Research and Innovation Agenda will be created in order to pursue research and answer the issues facing by SMEs.

Keywords: agriculture, innovation, knowledge transfer, university and research collaboration

Procedia PDF Downloads 363