40 research outputs found

    Presidential Power in Comparative Perspective: The Puzzling Persistence of Imperial Presidency in Post-Authoritarian Africa

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    This Article focuses on the comparative dimension of a phenomenon that is already well known to U.S. constitutional discourse: the imperial presidency. While U.S. constitutional scholars have shown a great deal of interest in new constitutional courts in the world\u27s newest democracies, the contemporaneous phenomenon of persistent imperial presidency in Africa has been largely ignored. Although relatively little attention has been paid to it in comparative constitutional discourses, Africa has witnessed since 1990 a dramatic transition to democratic rule that has resulted in the toppling of many of the region\u27s long-reining autocrats and the installation of new counter-authoritarian constitutions. However, following the global trend, Africa\u27s longstanding tradition of imperial presidency has survived recent constitutional changes. Refuting cultural explanations rooted in notions of African exceptionalism, the Article traces the rise of imperial presidency in Africa to authoritarian conceptions and policies of national integration and development embraced by Africa\u27s postcolonial leadership in the founding moments of the 1960s. Examining why the phonomenon of imperial presidency has survived recent constitutional reforms, the Article uncovers omissions and shortcomings in Africa\u27s contemporary constitutional design and democratic project that have enabled the force of path dependency to undermine prospects for constitutionalism. The Article offers some tentative constitutional reform proposals to tame presidential supremacy in Africa and thereby enhance constitutionalism in Africa\u27s emerging democracies

    Why dictators veto: legislation, legitimation and control in Kazakhstan and Russia

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    Why do authoritarian presidents still use their legislative power? Although recent studies have argued that authoritarian legislatures are more than “rubberstamps” and can serve as arenas for elite bargaining over policy, there is no evidence that legislators would pass bills that go against presidential preferences. This article investigates this apparent paradox and proposes a theoretical framework to explain presidential activism in authoritarian regimes. It argues that any bills that contravene constraints on policy-making set by the president should generally be stopped or amended by other actors loyal to the regime. Thus, presidents will rather use their veto (1) to protect the regime’s output legitimacy and stability, and/or (2) to reinforce their power vis-à-vis other actors. The argument is tested using two case studies of veto use in Kazakhstan and Russia over the last 10 years. The analysis supports the propositions of the theoretical framework and furthermore highlights the potential use of vetoes as a means of distraction, particularly in relation to international audiences. The article extends research on presidential veto power to authoritarian regimes and its findings contribute to the growing literature on the activities of authoritarian legislatures

    Have cochlear implant, won’t have to travel: introducing telemedicine to people using cochlear implants

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    Purpose: This paper describes a planned project to design, implement, and evaluate remote care for adults using cochlear implants and compare their outcomes with those following the standard care pathway.Method: Sixty people with cochlear implants will be recruited and randomized to either the remote care group or a control group. The remote care group will use new tools for 6 months: remote and self-monitoring, self-adjustment of device, and a personalized online support tool. The main outcome measure is patient empowerment, with secondary outcomes of hearing and quality of life stability, patient and clinician preference, and use of clinic resources.Conclusion: The clinical trial ends in summer 2016. Remote care may offer a viable method of follow-up for some adults with cochlear implants

    The Influence of the International Covenant on Economic, Social and Cultural Rights in Africa

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    Half a century ago, the United Nations General Assembly unanimously adopted two great covenants, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), which brought force of law to the rights declared in the Universal Declaration of Human Rights. Both covenants have been widely ratified by the vast majority of African States. However, a largely neglected area of study has been assessing the influence of the ICESCR in various parts of the world including Africa. This article assesses the influence of the ICESCR in Africa. It seeks to show how the ICESCR, as interpreted by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) has, through the 50 years since its adoption, had influence on the regional and domestic protection of economic, social and cultural rights (ESC rights) in Africa. The article begins by considering the influence of the Covenant on the regional protection of human rights in Africa. This is followed by an analysis of the influence of the Covenant on the protection of ESC rights in domestic legal systems in Africa focusing primarily on the constitutional protection of ESC rights. It then considers the limited influence of the Covenant on national courts’ jurisprudence in African States applying dualist and monist approaches to international treaties. It ends by making recommendations to maximize the influence of the ICESCR in the future

    Global wealth disparities drive adherence to COVID-safe pathways in head and neck cancer surgery

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    Epidemiology and molecular investigation of hepatitis C infection following holiday haemodialysis

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    Background Hepatitis C virus infection (HCV) is not infrequent among haemodialysis patients. Most published reports suggest that patient-to-patient spread, either directly or indirectly, is the most common mode of transmission in renal units. Aim To investigate the source of an outbreak, and the route of transmission, of acute HCV infection in two Scottish patients occurring within eight weeks of receiving haemodialysis in the same unit while on holiday in Majorca. Methods This was an international epidemiological and molecular investigation of HCV infection among a cohort of haemodialysis patients from nine countries. Findings No further HCV-positive infections were observed among residents and holidaymakers receiving haemodialysis at the unit in Majorca. Molecular investigations confirmed that a Spanish healthcare worker (HCW) was the source of infection for the two Scottish patients. The investigators were unable to determine the route of transmission. Conclusions This outbreak is the first reported case of HCW-to-patient transmission of HCV in a renal unit, and the third reported case of transmission involving a HCW who had not performed invasive procedures. The issue of whether renal units are an exceptional case with regards to the risk of transmission associated with non-invasive procedures should be considered, in conjunction with the need to improve surveillance of blood-borne virus transmissions in renal units in the UK and abroad
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