1,720,969 research outputs found
Principle of proportionality as ground of judicial review: the jurisprudence in United Kingdom and Malaysia / Normawati Hashim
Full text linkIn state administration, the public authority has vast power, especially discretionary powers. If the powers are not closely scrutinized it is open for abuse. As a result, rights of an individual, which includes human rights would be affected. Thus, effective grounds of judicial review to protect human rights against abuse of powers by the authority must be effectively developed. One of the grounds of judicial review over action _ of the authority is principle of proportionality. According to the principle measure taken by the authority must be proportionate to the pursued objective. If it acted in excess of what is being required, the authority have acted disproportionately. Hence, the action or decision is invalid. Whether action or decision of the authority is proportionate or disproportionate, the court would decide. Hence, the court plays an essential role in developing jurisprudence on the application of principle of proportionality in judicial review. The principle of proportionality that has its originality in Prussia in the 19th Century is well developed and accepted under the European administrative law. Nevertheless, a different attitude was adopted in United Kingdom. The principle was not well accepted during the early years of its development. This is because the English courts belief that the review based on proportionality would touch the merit review of the administrative decisions and it was treated as part of Wednesbury unreasonableness. Nonetheless, when Wednesbury unreasonableness is insufficient to review the illegal act of the authority that infringe rights protected under the European Convention on Human Rights (ECHR) or Human Rights Act 1988 of an individual, the English judges began to develop jurisprudence on the application of principle of proportionality in judicial review. Eventually, the principle was accepted by the English Courts. The progressive development continued with the establishment of the three and the four steps structure test used in the review of action of the authority that infringed rights under ECHR or Human Rights Act 1988. However, the court did not tie itself to the three or the four steps structure tests in adopting the principle of proportionality as ground of judicial review. What the court look at is the application of proportionality in the sense of fair balance. Hence, what is important is to review the proportionate action of the authority so that a fair balance or proportionate balance is attain according to the objective to be achieved. If this is not achieved the action would be struck out as disproportionate, thus invalid. The Malaysian Court too recognized the principle of proportionality as one of the grounds for judicial review and this was illustrated in Tan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan, Rama Chandran, R v The Industrial Court of Malaysia & Anor and Dr. Mohd. Nasir bin Hashim v Menteri Dalam Negeri. The flexible attitude of both the English and the Malaysian courts have contributed to the dynamic development of the jurisprudence of proportionality as one of the grounds in the review of unlawful act of the authorities in administration
The dynamic moves towards recognizing right to women's dignity against sexual harassment and rape as part of human right
Full text linkDignity is essential to human life to gain self-respect. Women, like any other human being must be respected with dignity.Dignity in women has always been believed to be her sexuality.Today, women played an active role in the nation development and that exposed them to danger of sexual abuse that may affect their dignity.To guarantee their safety effort is needed to recognize women’s dignity, especially against sexual harassment and
rape as part of fundamental or human rights under the constitution.With that a stronger protection could be given.to women.As far as Malaysia is concerned there is no express constitutional provision or jurisprudence on right to women’s dignity against sexual harassment at work place and rape as human or fundamental right.Meanwhile India has a progressive and well developed jurisprudence on right to women’s dignity against sexual harassment and rape.By virtue of Article 21 read together with Articles 32 or 226 of the Constitution India is capable of adopting a dynamic and proactive approach in developing essential concept on women’s dignity against sexual harassment and rape.In Malaysia a similar provision of Article 21 of the Indian Constitution is found in Article 5(1).Meanwhile, paragraph 1 provision is similar to Article 226 of the Indian Constitution.Thus, the Indian jurisprudence and constitutional legal framework is the source of reference in developing a dynamic move towards recognizing right to women’s dignity against sexual harassment and rape as part of human or
fundamental rights.This study aims to establish the need to adopt a dynamic approach in public law to recognize right of women’s dignity against sexual harassment and rape as part of human and fundamental rights.Based on a qualitative research method, it will examine the availability of the Indian public law jurisprudence and constitutional framework.The outcome of the study is the establishment of a proposed model of a dynamic
recognition on the right of women’s dignity against sexual harassment and rape as part of human or fundamental rights
The Need for a Dynamic Jurisprudence of Right to “Life” Under Article 5(1) of the Federal Constitution
No full textAbstractAbstract: Although “life” under Article 5(1) of the Federal Constitution is fundamental it was not clearly defined. Consequently, there is uncertainty on the ambit of this right in the Malaysian jurisprudence. Conversely, the Indian jurisprudence on right to “life” under Article 21 of the Constitution, which is equipollent to the Malaysian Article 5(1), is certain, and the judiciary had taken an active approach on the interpretation. Consequently, this broadens the ambit of fundamental rights. Hence, India is a source of reference in the adoption of a dynamic jurisprudence on right to “life”
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Towards New Frontier of Constitutional Recognition of Environmental Protection in Urban Regeneration
No full textAbstractIn developing the urban regeneration environment and ecological systems, must always be within the framework. Using Article 21 of the Constitution, Indian has always been progressive in recognizing the constitutional right to life to include right to ecology and ecological balance, healthy environment, enjoyment of healthy life, hygienic environment and protection of the environment to the third generation. Article 5 of the Federal Constitution on the right to life is similar to Article 21 of the Indian Constitution. Hence, the same approach could be adopted by Malaysia in ensuring urban regeneration development to include preservation and conservation of the environment
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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