Checks and balances: an assessment of the institutional separation of political powers in Colombia

In this paper, we evaluate the institutional and legal structure of the Colombian government. In particular, we want to assess how a system of institutional checks and balances can be structured to promote the rule of law, preserve property rights, and stimulate economic growth. The 1991 Constitution indeed makes commendable commitments to these objectives. Yet, due to its institutional structure, Colombia is governed in a manner that is both unchecked and unbalanced. The Colombian Constitution is an enormously long document that attempts to reassure all parties that the future will be to their liking. For example, Article 58, which permits uncompensated expropriation for reasons of “equity”, might be a substantial deterrent to investment. The nation’s long run economic health may be seriously impaired if peace is bought at the price of widespread concessions with regard to either the process of decision-making about the economy or to the specific content of future government economic policies. One may buy transitory tranquility, which may not translate in to lasting peace, at the price of long-term instability and turmoil. We make recommendations for institutional reform, which aim to mitigate clientelist and populist trends in Colombian politics. To enhance policymaking by reducing the scope for gridlock, we propose measures such as long-term appointments and ballot accountability that eliminate distortions to the voting incentives of both judges and lawmakers. Also, procedures are set forth to limit undue deliberations by the judiciary and to induce institutional status-quo bias. While we support constitutional provisions for the stability of a political process endowed with representativeness, we reject constitutional provisions that attempt to entrench one particular policy outcome. Stationary policy is likely to be both suboptimal and unsustainable in a stochastic and dynamic environment

Advancing the Right to Health: The Vital Role of Law

Effective laws and an enabling legal environment are essential to a healthy society. Most public health challenges – from infectious and non-communicable diseases to injuries, from mental illness to universal health coverage – have a legal component. At global, national and local levels, law is a powerful tool for advancing the right to health. This tool is, however, often underutilized. This report aims to raise awareness about the role that public health laws can play in advancing the right to health and in creating the conditions for all people to live healthy lives. The report provides guidance about issues and requirements to be addressed during the process of developing or reforming public health laws, with case studies drawn from countries around the world to illustrate effective practices and critical features of effective public health legislation. Advancing the right to health: the vital role of law is the result of a collaboration between the World Health Organisation, the International Development Law Organisation (IDLO), the O’Neill Institute for National and Global Health Law, Washington D.C., USA, and Sydney Law School, University of Sydney. The Project Directors were: Professor Lawrence O. Gostin, Linda D. and Timothy J. O’Neill Professor of Global Health Law and University Professor, Georgetown University; Faculty Director, O’Neill Institute for National and Global Health Law, Georgetown University; Mr David Patterson, Senior Legal Expert – Health; Department of Research & Learning, International Development Law Organization; Professor Roger Magnusson, Professor of Health Law & Governance, Sydney Law School, University of Sydney; Mr Oscar Cabrera, Executive Director, O’Neill Institute for National and Global Health Law, Georgetown University Law Center; Ms Helena Nygren-Krug (2011–2013), Senior Advisor, Human Rights & Law, UNAIDS. The content and structure of the report reflect the consensus reached at the second of two international consultations in public health law that preceded the preparation of the report, hosted by WHO and IDLO in Cairo, Egypt, 26-28 April 2010. Part 1 introduces the human right to health and its role in guiding and evaluating law reform efforts, including efforts to achieve the goal of universal health coverage. Part 2 discusses the process of public health law reform. The law reform process refers to the practical steps involved in advancing the political goal of law reform, and the kinds of issues and obstacles that may be encountered along the way. Part 2 identifies some of the actors who may initiate or lead the public health law reform process, discusses principles of good governance during that process, and ways of building a consensus around the need for public health law reform. Part 3 turns from the process of reforming public health laws to the substance or content of those laws. It identifies a number of core areas of public health practice where regulation is essential in order to ensure that governments (at different levels) discharge their basic public health functions. Traditionally, these core areas of public health practice have included: the provision of clean water and sanitation, monitoring and surveillance of public health threats, the management of communicable diseases, and emergency powers. Building on these core public health functions, Part 3 goes on to consider a range of other public health priorities where law has a critical role to play. These priorities include tobacco control, access to essential medicines, the migration of health care workers, nutrition, maternal, reproductive and child health, and the role of law in advancing universal access to quality health services for all members of the population. The report includes many examples that illustrate the ways in which different countries have used law to protect the health of their populations in ways that are consistent with their human rights obligations. Countries vary widely in terms of their constitutional structure, size, history and political culture. For these reasons, the examples given are not intended to be prescriptive, but to provide useful comparisons for countries involved in the process of legislative review

Romanian Harmonization of Laws with European Union Policies Regarding Consumer Protection

The consumer protection policy is more and more present at the core of the main challenges facing the citizens, the economy and societies and the need for consumer trust that would stimulate the economy, has never been greater (European Commission, 2007). Therefore, the European Union has been regulated guidelines aimed at consumer protection. These principles were incorporated in a common strategy of Member Community Strategy during 2007-2013 and provided for setting and actions to be taken at European Union level to achieve these objectives. In what follows, we present the basic ideas set out in the European Union Consumer Strategy and their transposition stage in our legislation in order to achieve full legislative harmonization.consumers, consumer protection, consumer protection policies, European Union policies, Romanian harmonization of laws

Generic Continuity of Operations/Continuity of Government Plan for State-Level Transportation Agencies, Research Report 11-01

The Homeland Security Presidential Directive 20 (HSPD-20) requires all local, state, tribal and territorial government agencies, and private sector owners of critical infrastructure and key resources (CI/KR) to create a Continuity of Operations/Continuity of Government Plan (COOP/COG). There is planning and training guidance for generic transportation agency COOP/COG work, and the Transportation Research Board has offered guidance for transportation organizations. However, the special concerns of the state-level transportation agency’s (State DOT’s) plan development are not included, notably the responsibilities for the entire State Highway System and the responsibility to support specific essential functions related to the State DOT Director’s role in the Governor’s cabinet. There is also no guidance on where the COOP/COG planning and organizing fits into the National Incident Management System (NIMS) at the local or state-level department or agency. This report covers the research conducted to determine how to integrate COOP/COG into the overall NIMS approach to emergency management, including a connection between the emergency operations center (EOC) and the COOP/COG activity. The first section is a presentation of the research and its findings and analysis. The second section provides training for the EOC staff of a state-level transportation agency, using a hybrid model of FEMA’s ICS and ESF approaches, including a complete set of EOC position checklists, and other training support material. The third section provides training for the COOP/COG Branch staff of a state-level transportation agency, including a set of personnel position descriptions for the COOP/COG Branch members

Reflections on the institutional balance, the Community Method and the interplay between jurisdictions after Lisbon. Research Papers in Law, 04/2012

[Introduction.] Over the last two years, not only inside but also outside the framework of the EU treaties, far reaching measures have been taken at the highest political level in order to address the financial and economic crisis in Europe and in particular the sovereign debt crisis in the Euro area. This has triggered debates forecasting the “renationalisation of European politics.” Herman Van Rompuy, the President of the European Council, countered the prediction that Europe is doomed because of such a renationalisation: “If national politics have a prominent place in our Union, why would this not strengthen it?” He took the view that not a renationalisation of European politics was at stake, but an Europeanization of national politics emphasising that post war Europe was never developed in contradiction with nation states.1 Indeed, the European project is based on a mobilisation of bundled, national forces which are of vital importance to a democratically structured and robust Union that is capable of acting in a globalised world. To that end, the Treaty of Lisbon created a legal basis. The new legal framework redefines the balance between the Union institutions and confirms the central role of the Community method in the EU legislative and judiciary process. This contribution critically discusses the development of the EU's institutional balance after the entry into force of the Treaty of Lisbon, with a particular emphasis on the use of the Community Method and the current interplay between national constitutional courts and the Court of Justice. This interplay has to date been characterised by suspicion and mistrust, rather than by a genuine dialogue between the pertinent judicial actors

Issuance of the Keystone XL Permit: Presidential Prerogative or Presidential “Chutzpah”

This article uses President Trump\u27s issuance of the Keystone XL Pipeline permit to illustrate the dangers of an imperial presidency, one in which the exercise of discretionary authority, based on neither the text of Article II of the Constitution nor a statute, will in all likelihood be unchecked by Congress, the courts, or popular opinion. To understand the dimensions of this concern, Part I of this article briefly describes the process and requirements for a presidential permit. Part II identifies key facts surrounding issuance of the Keystone XL Pipeline permit, the chronology of its issuance, and commonly given reasons supporting or opposing the permit. Part II includes a discussion of non-legal arguments favoring permit issuance, such as its projected economic and national security benefits and the promotion of beneficial relations with a border country, as well as those against its issuance, such as its projected environmental harm and the dangerous precedent it may set as a way to avoid environmental accountability for presidential activities that may have a significant adverse effect on the environment. Part III looks more closely at the constitutional arguments justifying the permit\u27s issuance, finding potential support in the President\u27s prerogative powers as well as in his constitutionally assigned role as Commanderin-Chief of the Army and Navy, his duty to oversee foreign relations, and to take care that the laws are faithfully executed. Part IV identifies the extent to which Article II cabins the President\u27s authority to issue the Keystone XL Pipeline permit and how its issuance may violate the separation of powers doctrine. The arguments that the courts, Congress, and the public will check any abuse of power by the President and that this use of presidential power is supported by precedent are set out in Part III and then critiqued in Part IV. The last part of the article, Part V, broadens the perspective on the issuance of the Keystone XL Pipeline permit. More specifically, the Part discusses how its issuance reflects an accretion of presidential power and questions the wisdom of potentially unbalancing the balance of powers between the two branches of government in the current political environment. Much of the Part\u27s discussion centers on then--Professor Elena Kagan\u27s strong support for a dominant president, what she calls a “presidential administration,” and those who disagree with that idea. The article concludes the President may have stepped beyond the limits of his Article II enumerated and discretionary constitutional powers by issuing the Keystone XL Pipeline permit. In treading on Congress\u27 constitutional authority, President Trump\u27s action risks the creation of an uncheck-able imperial presidency, beyond even what Justice Kagan envisioned. This type of presidency may do serious permanent damage to the constitutional structure of our government, outlasting, in the specific situation, President Trump\u27s days in office

Checks and Balances: an assessment of the institutional separtion of political powers in Colombia

Abstract: In this chapter, we evaluate the institutional and legal structure of the Colombian government. In particular, we want to assess how a system of institutional checks and balances can be structured to promote the rule of law, preserve property rights, and stimulate economic growth. The 1991 Constitution indeed makes commendable commitments to these objectives. Yet, due to its institutional structure, Colombia is governed in a manner that is both unchecked and unbalanced. The Constitution tried to «constitutionalize», or put into the basic law of the land, a welfare state system that emulates that of Canada or Sweden. Yet, neither of these countries has deemed it necessary to put such rules into the constitution of their countries. The result was an enormously long document that attempted to reassure all parties that the future would be to their liking. For example, Article 58, which permits uncompensated expropriation for reasons of «equity», might be a substantial deterrent to investment. Our examination of the Constitution of 1991 sounds a warning about the current peace process. The nation´s long run economic health may be seriously impaired if peace is bought at the price of widespread concessions with regard to either the process of decision-making about the economy or to the content of future government economic policies. One may buy transitory tranquility, which may not translate in to lasting peace, at the price of long-term instability and turmoil. The implied tradeoff may be most undesirable. We make recommendations for institutional reform, which aim to mitigate clientelist and populist trends in Colombian politics. An overall smaller congress is suggested. To enhance policymaking by reducing the scope for gridlock, we propose measures such as long-term appointments and ballot accountability that eliminate distortions to the voting incentives of both judges and lawmakers. Also, suggestions are made to promote citizen referendum initiatives, specialized courts and executive agenda setting powers. Finally, procedures are set forth to limit undue deliberations by the judiciary and to induce stability through status-quo bias.Poder Político, Economía Política, Sistema Político, Economía Institucional

Report on the Status of Payday Lending in California

Provides an overview of storefront and Internet payday lending in California, its effects, state and federal laws and regulations, and reform efforts. Includes recommendations for state and local policy, banking access, and consumer education