Creating European Rights: National Values and Supranational Interests

This Article develops an explanation for the emergence of individual rights before the European Commission, one of the oldest and most powerful international organizations in existence today. I argue that, in the early days of the European Community, rights before the Commission were patterned on the laws and legal traditions of the dominant Member States. Changing political circumstances largely outside the control of the Commission and other European institutions gave rise to a number of discrete, historical challenges to their authority. Most of these challenges came from citizens with allegiances to minority, national constitutional symbols and practices who were determined to retain them in the face of European integration. To preserve and extend their authority, European institutions adopted these constitutional ideals and hence altered the nature of European rights. In developing this explanation, I draw upon a number of theories in political science. One of the longest-running debates over European integration is the balance between sovereign states and supranational institutions in setting the pace of European integration. While some scholars argue that traditional state interests and the balance of power among states are critical, others take supranational institutions--and their interest in expanding their powers and pushing forward integration--as the decisive force behind integration. My review of the origins of rights before the Commission shows that both sets of actors, at different points in time, were agents of rights. More importantly, the empirical analysis brings to light two important constraints on the ability of states and supranational institutions to design European rights to their advantage, often overlooked in the political science literature. The first is history writ large: understandings of fair and democratic government developed within the nation-state and representing the accumulation of experiences, beliefs, and norms over generations. The second is history writ small: episodic, external challenges to the authority of European institutions that serve as the context in which such institutions further their interests. These factors should be taken into account in explaining the rights that define what it is to be a European citizen today

The Privilege of Speech in a Pleasantly Authoritarian Country

Giving credence to Alexis de Tocqueville\u27s argument that in democratic societies the love of equality is greater than the love of freedom is a recently emerging trend among Western nations to legally proscribe speech critical of homosexuality. Such laws, in various forms, now exist in a large and growing minority of countries in Europe and North America. The goal of these laws is much grander than preventing discrimination against homosexuals; rather, the objective is seemingly to promote the social acceptance of gay and lesbian lifestyles. These laws provide for civil remedies and in some instances even criminal sanctions for speech considered offensive or degrading to homosexuals, and constitutional-rights objections to them--on the basis of speech and religious liberty guarantees--have been largely unavailing. Thus, achieving the social equality of homosexuals--conceived in sweeping terms--has, in many Western countries, outstripped legal protections for speech and religious freedoms. In this Note, the Author examines Canada\u27s extensive legal regime proscribing speech critical of homosexuality. The Author illustrates how the Canadian judiciary\u27s zeal for promoting the social acceptance of homosexuality has greatly diminished fundamental legal protections for open discourse and religious liberty

The limits of local politics: local socialism and the local economy in the 1980s; a case study of Sheffield's economic policies

The analysis of local politics has too often been partial and one-sided. Dominant approaches to its study have tended to emphasise either the institutions of local government, or the logic of the local state, or (more recently) its relationship to localities. This thesis seeks to bring together a range of different approaches in ways which make it easier to explore the processes of local politics, acknowledging that no single approach is likely to provide all the answers. But it argues that those debates which build links between politics and geography, around the notion of locality , are particularly helpful, as long as they do not lose sight of politics within the state (as expressed, for example, in Rhodes' discussion of policy networks), and (following Duncan, Goodwin, Halford, and Savage) as long as localities are not understood as coherent expressions of underlying relations. Following a critical discussion of the locality debates (associated with the ESRC's Changing Urban and Regional System programme), it is suggested that notions of local growth coalition (as developed by Cox and Mair) and urban corporatism (as developed by Harvey) may be helpful in analysing change at local level. This suggestion is taken further through a case study of the development of 'local socialism' and of local economic policies in Sheffield in the 1980s. The concluding chapter seeks to set out the lessons which can be drawn from the Sheffield experience, relating back to the earlier arguments, as well as suggesting ways of integrating those conclusions with the analyses of the state developed by Jessop at a more abstract level

Digging at Roots and Tugging at Branches: Christians and 'Race Relations' in the Sixties

This thesis is a study of the ‘race relations’ work of Christians in the sixties in England, with specific reference to a Methodist church in Notting Hill, London. As such, it is also a study of English racisms: how they were fought against and how they were denied and facilitated. Additionally, the thesis pays attention to the interface of ‘religion’ and politics and the radical restatement of Christianity in the sixties. Despite a preponderance of sociological literature on 'race relations' and 'religion' in England, there has been a dearth of historical studies of either area in the post-war period. Therefore, this thesis is an important revision to the existing historiography in that it adds flesh to the bones of the story of post-war Christian involvement in the politics of 'race', and gives further texture and detail to the history of racism, 'race relations', and anti-racist struggles in England. Moreover, the thesis implicitly challenges the received wisdom of the decline of the churches in the sixties and shows an active engagement of Christians with politics. Using a wide range of private and public archives and interviews, the thesis takes a micro-study of the Notting Hill Methodist Church and places it within its wider contexts: how English Christians approached 'race' and 'race relations', what kinds of racialised political engagements existed in Notting Hill, and what kinds of racisms were expressed in England. The contextualised and detailed micro-study has enabled the thesis to capture the texture and depth which is needed to better understand 'race' and 'race relations' in post-war England. In doing so, the thesis sheds detailed light on some active 'civil rights' struggles in England and therefore challenges the received wisdom which views these struggles as being an American rather than an English (or British) story.AHR

Biomedical ethics and genetic epidemiology

Biomedical ethics developed in the late twentieth century as a challenge to the self- regulatory ethic that previously governed medical practice. Yet in recent years bioethics has come under scrutiny from the social sciences, which claim that the field relies upon an idealised notion of moral agency and fails to consider the extent to which ethical discourse is embedded in a wider societal context. In addition, bioethical concepts such as patient autonomy and informed consent have also recently been challenged by the rise of genetic medicine. After evaluating debates in the historical and philosophical development of biomedical ethics, this thesis uses a case study in genetic epidemiology (commonly referred to as biobanking) to examine competing normative and empirical claims made by bioethicists and social scientists. The study investigates the views and experiences of potential donors to a biobank in north-west England. Data analysis gives particular emphasis to socio-ethical issues such as consent, genetic donation, altruism, and benefit-sharing. Evidence from the case study illustrates that bioethics is susceptible to many of the charges levelled against it - namely that it lacks proper understanding of the processes by which moral concepts and categories are embedded in ongoing forms of social practice and experience. The thesis concludes with suggestions as to how bioethics may better combine philosophical and sociological methods

Reforming Disability Nondiscrimination Laws: A Comparative Perspective

Comparing the law and policies of other countries concerning disability rights to ours can help us understand how we may strengthen those rights and heighten compliance with nondiscrimination laws. Since it took effect in 1992, the Americans with Disabilities Act (ADA) has been a leading example of such comprehensive legislation on behalf of people with disabilities. Along with the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities, the ADA has inspired many countries to develop their own disability nondiscrimination laws and remedial agencies. This process must work in both directions, however, and laws and agencies from other countries must inspire further improvement in the United States\u27 system. This Article compares alternative mechanisms to resolve complaints of discrimination in employment, government services, and other spheres of public life. Such approaches include negotiation, mediation, arbitration, administrative remedies, litigation, and the use of national ombudsmen or equal rights commissions. The Article focuses on reforms occurring in Israel, a country that often looks to the United States for models of progressive social legislation. Israel\u27s Equal Rights for Persons with Disabilities Law (ERPDL) contains noteworthy advances in its statutory text, but its implementation is still in its early stages. When examining the experience in other countries, American lawyers and policymakers gain a richer perspective on the progress made under the ADA and the Standard Rules; they also identify additional reforms to pursue. To this end, the Article discusses not only the United States and Israel, but also the United Kingdom, and presents a table of the laws of forty-one countries that legislated disability nondiscrimination provisions. These countries\u27 experiences have influenced the international disability rights movement and offer lessons to share among countries struggling to eliminate disability-based discrimination. Reform proposals suggest ways to strengthen or create high-level government mechanisms, to stress the use of alternative means of implementation and enforcement, to develop selective litigation strategies, and to encourage other countries to enact or apply disability nondiscrimination norms. These reforms may not only contribute to the international growth of disability rights, but also help include people with disabilities in the fabric of social, economic, and cultural life

Corporate governance in eThekwini Municipality.

Master of Business Administration. University of KwaZulu-Natal, Westville 2015.South Africa is a constitutional democratic country with three spheres of government. The National, Provincial and Local Government all have their own executive powers and authority, key responsibilities and legislative powers are defined by the constitution of South Africa. Government institutions have a responsibility of providing service delivery to all people of South Africa and all are governed by legislation and the constitution of the country. In order to provide services to community there is a vital need of good financial management and accountability. According to the past auditor general’s report the eThekwini Municipality has been unsuccessful in obtaining a clean audit opinion. The well-coordinated and clear corporate governance can assist the executive committee to enforce compliance and accountability. According to municipal finance management act council has the responsibility to perform oversight over municipal finances and are accountable for any irregular expenditure that occurs. The fact that council continuously fails to achieve a clean audit, highlights that there is a challenge in corporate governance within the eThekwini Municipality. The aim of conducting this study is to identify gaps and challenges within the institution that hinder progress and which result in the council's failure to get a clean audit. A quantitative approach was used to collect primary data. Data was collected using a web based online questionnaire developed specifically for this study. A sample size of 80 executive committee members and senior employees of eThekwini Municipality was used and 56 respondents completed the survey. The study recommended that the eThekwini Municipality develop a policy framework that protects senior officials from being abused by politicians who are driven by unethical conducts

Creating Rights in the Age of Global Governance: Mental Maps and Strategic Interests in Europe

This Article takes a first step towards developing a positive theory of rights in institutions of global governance through a study of the European Commission, one of the oldest and most powerful international organizations in existence today. I draw on the extensive political science theory on the European Union, in particular historical institutionalism, to explain the constellation of rights that European citizens are guaranteed today in their relations with their executive branch. Rights against government were created in three phases, each of which was the product of a strategic move by one or more European institutions to preserve authority in the face of opposition and each of which drew from a mental map of good government developed within the confines of the nation-state. As a result, today, European citizens enjoy three major, historically distinct, sets of rights in their relations with Europe\u27s executive branch: the right to a hearing, drawn from the English common law tradition, the right to transparency, based upon northern traditions of open government, and the right to civil society participation, derived from both the international sphere and domestic traditions of corporatist interest representation. This Article also considers a number of competing theories of rights in European governance and shows that their predictions are not borne out by the evidence. Lastly, I develop the implications of my theory for another, emerging system of global governance, the World Trade Organization

The history of the British Meteorological Office to 1905

This thesis covers the first half century of the British Metorological Office and events leading to its foundation. After an introductory chapter the narrative describes how growth of marine transportation led to awareness of possible benefits from knowledge of wind patterns. Moves to collect marine weather statistics worldwide were supported with reluctance by Britain, but eventually resulted in the foundation of a new Department of the Board of Trade devoted to collection of marine observations. Robert FitzRoy, its first head, later transformed this work into provision of the world's first operational weather forecasting system. After FitzRoy's death an investigation into the Department was followed by a complete re-organization that replaced it by a Meteorological Office under the control of an unpaid supervisory Committee (later a paid Council) financed by an annual grant. The subsequent evolution of the Office is described. Its relationships with other bodies were not always smooth, nor was its development rapid, but it laid a foundation for what was to follow. The Office's story impinges upon many aspects of the contemporary scene and is set within their context. The reaction of Treasury to its financing is dealt with at some length. The gradual growth of' public services is recounted and it is noted that, at a time of' supposed laissez-faire, there was no attempt to turn the Office into a revenue raising organization, the primacy of public service always being evident. A characteristic of science has been the division arising from the dichotomy between "pure" and "applied" approaches to problems, and this is highlighted within the narrative. Despite its disappointing role at the turn of the century, the Meteorological Office is seen as a prime force in the emergence of meteorology as a science within this country. The thesis closes with a glance to the future