99,842 research outputs found

    John Hart Ely, Democracy and Distrust: A Theory of Judicial Review

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    E-democracy: potential for political revolution?

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    This article focuses on the traditional notions of democracy and governance in the context of the recent shock first-round election results in France. The results prima facie suggest voter apathy and disengagement from the democratic process. However, the spontaneous street protests confirm that voters are not apathetic about democracy, rather they are dissatisfied with the current model of government and the unresponsive nature of government. It will be argued that the interactive nature of Internet technology has the potential to reinvigorate the democratic process and re-engage citizens positively in political life

    E-Democracy and Knowledge. A Multicriteria Framework for the New Democratic Era

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    This paper analyses a new framework for decision-making in e-democracies that exploits the power of Internet based public knowledge, which is called briefly e-cognocracy. This is not a procedure to improve technical aspects using the Internet (e.g. e-voting); it is rather a procedure to add a new quality to the democratic system by using the network. This proposed system of e-cognocracy would allow those who are interested to solve highly complex problems by participatory decision-making. Furthermore, we suggest the multicriteria framework for the modelling and resolution of such complex problems. Similarly, using the analytic hierarchy process (AHP) approach, we propose decisional (analytic and informatic) tools for searching the knowledge - relevant for the decision-making process. This knowledge of patterns of behaviour, trends, opportunities, decisions and stylised facts will be the starting point of a consensus-reaching process, which is aimed to effectively solve problems of high complexity of the Internet society.E-democracy, Knowledge society, E-cognocracy, Multicriteria, AHP criterion, Consensus

    Federalism as an effective antidote to terrorism

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    Many governments as well as terrorist experts see the use of military and police forces as the only way to effectively counter terrorism. The most effective negative sanctions are considered to be military strikes, aggressive actions (including kidnapping and killing) against individuals known or suspected of being terrorists, or against persons supporting and harboring terrorists. Overt and covert military and paramilitary action is also thought advisable to pre-empt and prevent actions by terrorist groups, as well as against states suspected of hosting or tolerating terrorists. This paper argues that decentralization constitutes a powerful antidote as it strongly reduces the incentives for terrorists to attack and because the expected damage suffered is much smaller than in a centralized society. It moreover strengthens society, as economic, political and social decentralization (or polycentricity) is an essential element of a free and vigorous society. This in turn makes a society less vulnerable to terrorist attacks. Indeed, terrorism has no chance of success against a society that actively guards its fundamental liberal institutions, of which decentralized decision-making forms an essential part

    Proxy of democracy? : metaphors of connection as arguments against representation

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    This paper aims to assess the arguments that claim representative democracy may be enhanced or replaced by an updated electronic version. Focusing on the dimension of elections and electioneering as the core mechanism of representative democracy I will discuss: (1) the proximity argument used to claim the necessity of filling the gap between decision-makers and stakeholders; (2) the transparency argument, which claims to remove obstacles to the publicity of power; (3) the bottom-up argument, which calls for a new form of legitimacy that goes beyond classical mediation of parties or unions; (4) the public sphere argument, referred to the problem of hierarchical relation between voters and their representatives; (5) the disintermediation argument, used to describe the (supposed) new form of democracy following the massive use of ICTs. The first way of conceptualizing e-democracy as different from mainstream 20th century representative democracy regimes is to imagine it as a new form direct democracy: this conception is often underlying contemporary studies of e-voting. To avoid some of the ingenuousness of this conception of e-democracy, we should take a step back and consider a broader range of issues than mere gerrymandering around the electoral moment. Therefore I shall problematize the abovementioned approach by analyzing a wider range of problems connected to election and electioneering in their relation with ICTs

    Global Cyber Intermediary Liability: A Legal & Cultural Strategy

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    This Article fills the gap in the debate on fighting cybercrime. It considers the role of intermediaries and the legal and cultural strategies that countries may adopt. Part II.A of this Article examines the critical role of intermediaries in cybercrime. It shows that the intermediaries’ active participation by facilitating the transmission of cybercrime traffic removes a significant barrier for individual perpetrators. Part II.B offers a brief overview of legal efforts to combat cybercrime, and examines the legal liability of intermediaries in both the civil and criminal context and in varying legal regimes with an emphasis on ISPs. Aside from some level of injunctive relief, intermediaries operate in a largely unregulated environment. Part III looks at what we can learn from other countries. The cleanest intermediary country, Finland, and the worst country, Lithuania, were selected in order to explore the causes for the differences between country performances. The section examines the remarkable distinctions between national cultures to explain differences in national cybercrime rates. Part III.A of this Article argues that the criminal code laws do not account for the difference in host and ISP performances between Finland and Lithuania. There are few differences in the codified laws pertaining to cybercrime between these countries. Instead, it is Finland’s cultural and business environments that appear to drive its cybercrime ranking. Part IV suggests reforms to shift a country’s culture to make it less prone to corruption. However, changing a culture takes time so Part IV also proposes a private law scheme in which intermediaries are unable to wave the “flag of immunity,” as they do now. The guiding philosophy for this proposal is that harmed parties should be permitted to recover damages directly from “bad” intermediaries

    My right to learn

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    If books and other media are thought to be connected with terrorism, yet the government does not release a list of such material or inform individuals that they are under suspicion, can students truly feel free to learn, even at a university? Is a free flow of ideas truly possible in a place where only certain ideas are allowed? Is freedom of speech even relevant in a society where expression of certain thoughts or viewpoints is prohibited
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