...As Canadians, we live in a society that is defined as being free and democratic. The Government of Canada works extensively in order to ensure that the country’s laws are regulated and maintained and eventually followed by society. These rules and regulations arrive from the decisions made by the court systems and the government. Politicians are elected by us, the citizens, in order to represent our views on the regulation of certain laws but also assist in taking care of society and the economy by influencing public policies and making critical decisions. Living in a democratic country, these elected officials are expected by society to be honourable and fair when it comes to making decisions that are in the best interests of the community. Premier Dalton McGuinty, however, overlooked this concept when he decided to hold a private meeting behind closed doors with a stakeholder. In 2007, the Ontario Government announced that it would increase the minimum wage of workers every year until it reached the maximum of $10.25 in March of 2010. McGuinty’s private meeting involved a discussion with the stakeholder about cancelling the remaining increases due to Canada’s economic placement. This unethical decision by Premier McGuinty caused an uproar within communities mainly due to the fact that this action did not represent a democratic society. But is democracy the only issue present in this case? How does procedural fairness play a role in McGuinty’s unethical act? The answer to...
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...Peck Course Code: PLBA 2001 Professor: Albert Ferranti Date: November 3, 2015 Procedural fairness applicable to administrative tribunals Administrative Law: I chose to speak on the procedural fairness applicable to administrative tribunals. Administrative law is a branch of law governing the creation and operation of administrative agencies. Administrative tribunals are concerned with the law governing the implementation of public programs specifically where they have the most immediate impact on people. The power delegated to administrative tribunals to regulate governmental power was created by a statute. Meaning a statute was created that authorized powers to administrative tribunals by designated actors. Administrative law is a set of principles and concepts common to all these different areas of law: Human Rights, Immigration, Law society, Health and etc.. Procedural Fairness: Procedural fairness otherwise known as ‘Natural Justice’, is an implied common law duty to act fairly in decision-making by exercising statutory powers which may affect individuals right. It is more concerned with the procedures used by the decision-maker, rather than the actual outcome reached. The requirements for procedural fairness have developed primarily through the common law. Procedural fairness requires a fair and proper procedure when making a decision. The rules of procedural fairness are enshrined in the two latin principles: ‘audi alteram partem’ and ‘nema judex...
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...s Canadians, we live in a society that is defined as being free and democratic. The Government of Canada works extensively in order to ensure that the country’s laws are regulated and maintained and eventually followed by society. These rules and regulations arrive from the decisions made by the court systems and the government. Politicians are elected by us, the citizens, in order to represent our views on the regulation of certain laws but also assist in taking care of society and the economy by influencing public policies and making critical decisions. Living in a democratic country, these elected officials are expected by society to be honourable and fair when it comes to making decisions that are in the best interests of the community. Premier Dalton McGuinty, however, overlooked this concept when he decided to hold a private meeting behind closed doors with a stakeholder. In 2007, the Ontario Government announced that it would increase the minimum wage of workers every year until it reached the maximum of $10.25 in March of 2010. McGuinty’s private meeting involved a discussion with the stakeholder about cancelling the remaining increases due to Canada’s economic placement. This unethical decision by Premier McGuinty caused an uproar within communities mainly due to the fact that this action did not represent a democratic society. But is democracy the only issue present in this case? How does procedural fairness play a role in McGuinty’s unethical act? The answer to...
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...an article in the New York Daily News, in some neighborhoods in New York City approximately 9 in 10 people do not trust the police as a result of police contact (Durkin, 2013). While this distrust is believed to be linked to stop and frisk, it also stems from an overall distrust for the entity, especially in crime-ridded neighborhoods that are primarily comprised of minorities. In this paper I will analyze the issue of public distrust of law enforcement by determining how it occurs, its effects on legitimacy, and initiatives that can be implemented to combat this issue. I will also highlight the inception of procedural justice and community policing methods, and how they influence a greater bond between law enforcement officers and the communities in which they serve. Established trust in law enforcement and government is essential to law and order in democratic societies such as the United States. According to data collected in 2002 only 22% of Americans expressed a “great deal” of trust in the criminal justice system, and 59% in the police themselves (Tyler, 2005). These findings enunciate the issue of distrust for the entity that encompasses and provides social order to the lives of Americans. According to Hough et al. (2010), the police are by far the most criticized representation of social control. This is demonstrated through media representations of police brutality and civilian revolt throughout history. The element of distrust in law enforcement has gained increasingly...
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...characteristics of a democratic society. Evaluate the US Government on each of these elements. Democracy is government in which power and civic responsibility are exercised by all adult citizens, directly, or through their freely elected representatives. It rests upon a well-understood group of values, attitudes, and practices - all of which may take different forms and expressions among cultures and societies around the world. Democracies rest upon fundamental principles, not uniform practices. Democracies fall into two basic categories, direct and representative. In a direct democracy, citizens, without the intermediary of elected or appointed officials, can participate in making public decisions. Such a system is clearly most practical with relatively small numbers of people - in a community organization, tribal council, or the local unit of a labor union, for example - where members can meet in a single room to discuss issues and arrive at decisions by consensus or majority vote. Some U.S. states, in addition, place "propositions" and "referenda" - mandated changes of law - or possible recall of elected officials on ballots during state elections. These practices are forms of direct democracy, expressing the will of a large population. Many practices may have elements of direct democracy As Americans, we are fortunate enough to be living in such a peaceful environment when compared with other countries around the world. However, as a democratic nation, it is important...
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...The rule of law and the separation of powers thesis are the twin pillars upon which any fair and democratic society must be constructed”. This ideology encapsulates four main principles which are assumed fundamental to the course of administrative proceedings. First, it should be noted that any administrative act that will result in affecting the legal rights, interests or legitimate expectations of an individual must have legal validation, second, everyone and anyone is subject to the law, including those who hold government titles, third, it can be said that the legality of an administrative act must be determined by judges who are independent of the government and lastly, the law should always be both easily anticipated and straightforwardly...
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...on police practices. In a New York CBS Poll conducted in 2006, participants who had positive encounters with NYCPD and approved of them feel that racial profiling is justified (Higgins & Gabbidon, 2012). Another major finding from the poll is that older individuals who had a higher education were less likely to support the practice. Liberals are also less likely than conservatives to support racial profiling (Higgins & Gabbidon, 2012). These findings narrow our spectrum of victims of racial profiling to mostly minorities, specifically non-white males. Minority perceptions of racial profiling show a relationship with the perception of procedural fairness and justice. Minorities base their opinions on whether or not they were treated fairly and if the procedure itself is lawful (Lee, 2009). Jason Lee conducted a study about the concept of procedural justice that contains two measures. These measures include the perception of racial profiling and...
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...VALUES AND ETHICS INTRODUCTION Values and ethics are central to any organization; those operating in the national security arena are no exception. What exactly do we mean by values and ethics? Both are extremely broad terms, and we need to focus in on the aspects most relevant for strategic leaders and decision makers. What we will first discuss is the distinctive nature of ethics for public officials; second, the forces which influence the ethical behavior of individuals in organizations; and third, explore the actions strategic leaders can take to build ethical climates in their organizations. THE CHARACTER OF VALUES AND ETHICS Values can be defined as those things that are important to or valued by someone. That someone can be an individual or, collectively, an organization. One place where values are important is in relation to vision. One of the imperatives for organizational vision is that it must be based on and consistent with the organization's core values. In one example of a vision statement we'll look at later, the organization's core values - in this case, integrity, professionalism, caring, teamwork, and stewardship- were deemed important enough to be included with the statement of the organization's vision. Dr. John Johns, in an article entitled "The Ethical Dimensions of National Security," mentions honesty and loyalty as values that are the ingredients of integrity. When values are shared by all members of an organization, they are extraordinarily...
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...1. INTRODUCTION In the past, the Government easily violated human rights. There were no stringent mechanisms to control decisions and actions of the government, as a result of this, abuse of power and violation of human rights occurred regularly. The courts were also reluctant to review these powers because, they were restricted by rules, for example there was a rule that judicial control does not extend to government’s policy decisions, another rule was that a reviewing court may not substitute it’s opinion for that of the administrative body, unless the official has acted mala fide or in bad faith. This is supported by case of Shidiack v Union Government , where it was held that, if the administrative organ has duly and honestly applied himself to the question which has been left to his discretion, it is impossible for the court of law either to make him change his mind or to substitute it’s conclusion for his own. It is true that for any government to function effectively, it must be bestowed with discretionary powers, discretionary powers involves the exercise of a choice between two or more options on the part of the decision maker. The exercise of these discretionary powers must be checked and controlled by other branches of government, but this was not the case in South Africa. In the past the only manner in which those powers could be controlled was common law basis, but as a result of a narrowly defined grounds of judicial review of government action...
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...The Attorney General of Canada Intervener INDEXED AS: R. v. MORGENTALER File No.: 19556. 1986: October 7, 8, 9, 10; 1988: January 28. Present: Dickson C.J. and Beetz, Estey, McIntyre, Lamer, Wilson and La Forest JJ. ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO Constitutional law -- Charter of Rights -- Life, liberty and security of the person -- Fundamental justice -- Abortion -- Criminal Code prohibiting abortion except where life or health of woman endangered -- Whether or not abortion provisions infringe right to life, liberty and security of the person -- If so, whether or not such infringement in accord with fundamental justice -- Whether or not impugned legislation reasonable and demonstrably justified in a free and democratic society -- Canadian Charter of Rights and Freedoms, ss. 1, 7 -- Criminal Code, R.S.C. 1970, c. C-34, s. 251. Constitutional law -- Jurisdiction -- Superior court powers and inter-delegation -- Whether or not therapeutic abortion committees exercising s. 96 court functions -- Whether or not abortion provisions improperly delegate criminal law powers -- Constitution Act, 1867, ss. 91(27), 96. Constitutional law -- Charter of Rights -- Whether or not Attorney General's right of appeal constitutional -- Costs -- Whether or not prohibition on costs constitutional -- Criminal Code, R.S.C. 1970, c. C-34, ss. 605, 610(3). Criminal law -- Abortion -- Criminal Code prohibiting abortion and procuring of abortion except where life or health of woman...
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...Values can be defined as those things that are important to or valued by someone. That someone can be an individual or, collectively, an organization. One place where values are important is in relation to vision. One of the imperatives for organizational vision is that it must be based on and consistent with the organization's core values. In one example of a vision statement we'll look at later, the organization's core values - in this case, integrity, professionalism, caring, teamwork, and stewardship- were deemed important enough to be included with the statement of the organization's vision. Dr. John Johns, in an article entitled "The Ethical Dimensions of National Security," mentions honesty and loyalty as values that are the ingredients of integrity. When values are shared by all members of an organization, they are extraordinarily important tools for making judgments, assessing probable outcomes of contemplated actions, and choosing among alternatives. Perhaps more important, they put all members "on the same sheet of music" with regard to what all members as a body consider important. The Army, in 1986, had as the theme for the year "values," and listed four organizational values-loyalty, duty, selfless service, and integrity-and four individual values- commitment, competence, candor, and courage. A Department of the Army pamphlet entitled Values: The Bedrock of Our Profession spent some time talking about the importance of values, and included this definition: ...
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...Law Opinion January 19, 2014 CJS/220 The United States is not controlled by a king and Queen, but instead is governed by a president, senate, and the house of legislature. The United States is a democracy (Meyer & Grant, 2003). As a democracy the United States is governed by laws enacted by public officials. Citizens are the ones who vote for the public officials such as the President of the United States and the representatives of each state. Laws are created to protect individuals and their property, and are enforced in the United States throughout every community. The Bill of rights of the United States Constitution describes procedural laws that dictate how laws should be administered. The legislative branch of the government creates, reviews, and vote on laws then place them into effect. Once the laws take effect, they are enforced by the executive branch which is in control of all the law enforcement agencies. The judicial branch determines if the laws passed are valid according to the U.S. Constitution and will act as an arbitrator if needed. According to Meyer & Grant no one branch can govern the U.S citizens alone, that is why the United States needs these branches in order to work effectively. The American Common Law system originated from the medieval English legal practices where judges decided both criminal and civil cases based on their individual cases (Bakken, n.d). Laws were based on judge’s opinions and how they viewed the existing...
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...Concept of Taxation B. Nature of Taxation and Its purpose C. Concept of Income Taxation D. Purpose of Taxation E. Current Uses of Taxation CHAPTER FOUR: SOCIAL JUSTICE IN TAXATION A. Social Justice B. Principles of Justice C. Well Ordered Society D. Original Position E. Veil of Ignorance F. Civil Disobedience CHAPTER FIVE: CONCLUSION CHAPTER ONE: INTRODUCTION A. INTRODUCTORY STATEMENT The works of John Rawls was basically centered on justice as depicted on his work “Theory of Justice” and “Political Liberalism. John Rawls is considered to be one of the most influential philosophers during his time as he specialized in the concept of justice and fairness as a tool for attaining social justice in the society. His works received various criticisms since it may be viewed as unrealistic but though it may be criticized, his works are one of the influential and most bought book and already translated in various language to be used as curriculum in philosophy classes. Rawls differentiate the concept of justice and fairness as he tried to show that the idea of justice is fairness and in justice we can be assured that equalities can be achieved in a society which inequalities are widespread. He stated that equality can be attained through protection from the State and thus injustice can be eliminated even the discrepancies in terms of sex, race or religion. B. STATEMENT OF THE PROBLEM: In this work, the researcher...
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...Fairness as Appropriateness: Negotiating Epistemological Differences in Peer Review Author(s): Grégoire Mallard, Michèle Lamont and Joshua Guetzkow Source: Science, Technology, & Human Values, Vol. 34, No. 5 (September 2009), pp. 573-606 Published by: Sage Publications, Inc. Stable URL: http://www.jstor.org/stable/27786178 . Accessed: 02/10/2013 11:47 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . Sage Publications, Inc. is collaborating with JSTOR to digitize, preserve and extend access to Science, Technology, &Human Values. http://www.jstor.org This content downloaded from 199.73.44.216 on Wed, 2 Oct 2013 11:47:01 AM All use subject to JSTOR Terms and Conditions Science, Technology, & Human Values Fairness as Volume 34 Number 5 September 2009 573-606 C) 200$; Sage Plications 10.1177/0162243908329381 l*ftp:#$&.sagepub.com hosted at http://online.sagepub.com Appropriateness Negotiating Epistemological Differences in Peer Review Gregoire Mallard Northwestern University Michele Harvard Lamont University...
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...Law and Justice THEORIES OF JUSTICE Plato In Plato’s major work, The Republic, he used Socrates as a mouth piece to develop his on view of justice. Socrates outlines his, i.e Plato’s view of justice both for the individual and for society. Dealing with the man first; a man’s soul has 3 elements: 1. Reason 2. Spirt 3. Appetite or desire A man is just when each of these three elements fulfils its appropriate function and there is a harmonious relationship between them. Within society there are three groups society is just hen each class fulfils its appropriate function and there is a harmonious relationship between them. Therefore Plato viewed justice as harmony between the warring elements. Distributive Justice This is concerned with fairly shaking the benefits such as money, property, family, takes and civic duties of life within an organisation. Aristotle Aristotle stressed the need for proportionality and achieving the middle ay and a proper balance between extremes. He said a ‘just state’ ill distribute its wealth on the basis of worth (merit) therefore giving to each according to their virtue and contribution to society. He stated there was a need for corrective justice to ensure that individuals can keep what they are entitled to. The role of the court is making sure the offender does not benefit from his crime ad victim does not suffer loss. In this sense, the balance or ‘middle way’ is achieved. Thomas Aquinas Illustrated his view of...
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