Michelle P. Egan
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244058
- eISBN:
- 9780191599132
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244057.003.0002
- Subject:
- Political Science, European Union
Provides the central theoretical and analytical framework of the book. It includes an extensive review of the regulatory literature, which largely casts the European Union as analogous to a ...
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Provides the central theoretical and analytical framework of the book. It includes an extensive review of the regulatory literature, which largely casts the European Union as analogous to a ‘regulatory state’ since it engages in widespread social and economic regulation to promote economic integration. Different theories of regulation—interest group, public interest, and public choice—are examined in order to understand current developments in European political economy. Although most accounts of regulation, often cited in the American context, have highlighted the impact of industry influence or ‘regulatory capture’, such a static view of the public–private relationship diverts attention away from other types of organizational relations. Private organizations assuming governmental functions are well known in Europe, whether it is self‐regulation, corporatism, or private interest government. Applying insights from both the European and American literature, this chapter highlights the importance of understanding the origins, practice, and consequences of regulation for broader issues of democratic governance, legitimacy, and accountability.Less
Provides the central theoretical and analytical framework of the book. It includes an extensive review of the regulatory literature, which largely casts the European Union as analogous to a ‘regulatory state’ since it engages in widespread social and economic regulation to promote economic integration. Different theories of regulation—interest group, public interest, and public choice—are examined in order to understand current developments in European political economy. Although most accounts of regulation, often cited in the American context, have highlighted the impact of industry influence or ‘regulatory capture’, such a static view of the public–private relationship diverts attention away from other types of organizational relations. Private organizations assuming governmental functions are well known in Europe, whether it is self‐regulation, corporatism, or private interest government. Applying insights from both the European and American literature, this chapter highlights the importance of understanding the origins, practice, and consequences of regulation for broader issues of democratic governance, legitimacy, and accountability.
Luiz Carlos Bresser-Pereira
- Published in print:
- 2004
- Published Online:
- November 2004
- ISBN:
- 9780199261185
- eISBN:
- 9780191601507
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199261180.003.0011
- Subject:
- Political Science, Democratization
The social-democratic state existing in advanced democracies is gradually changing into a republican state. The ultra-liberal wave failed because modern societies need a strong, not a weak, state. A ...
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The social-democratic state existing in advanced democracies is gradually changing into a republican state. The ultra-liberal wave failed because modern societies need a strong, not a weak, state. A republican state is strong enough to protect itself and the public patrimony from private capture. Its strength originates in governments’ political legitimacy, in the active participation of citizens organized in civil society, in a dense public space where social accountability and public debate take place, and on the existence of politicians and civil servants endowed with republican virtues. The republican state that is emerging is fiscally strong because it limits its debts, it is administratively strong because it is engaged in public management reform, and it is politically strong because citizens, politicians, and civil servants know that the principles ruling politics are not the same that rule markets: besides the private, the public interest must be taken into consideration. Undertakes a short survey of the literature on republicanism to substantiate these claims.Less
The social-democratic state existing in advanced democracies is gradually changing into a republican state. The ultra-liberal wave failed because modern societies need a strong, not a weak, state. A republican state is strong enough to protect itself and the public patrimony from private capture. Its strength originates in governments’ political legitimacy, in the active participation of citizens organized in civil society, in a dense public space where social accountability and public debate take place, and on the existence of politicians and civil servants endowed with republican virtues. The republican state that is emerging is fiscally strong because it limits its debts, it is administratively strong because it is engaged in public management reform, and it is politically strong because citizens, politicians, and civil servants know that the principles ruling politics are not the same that rule markets: besides the private, the public interest must be taken into consideration. Undertakes a short survey of the literature on republicanism to substantiate these claims.
Luiz Carlos Bresser-Pereira
- Published in print:
- 2004
- Published Online:
- November 2004
- ISBN:
- 9780199261185
- eISBN:
- 9780191601507
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199261180.003.0012
- Subject:
- Political Science, Democratization
In the more developed countries, democracy was liberal in the first part of the twentieth century, social-democratic in the second part, and now is in transition to republican or participative ...
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In the more developed countries, democracy was liberal in the first part of the twentieth century, social-democratic in the second part, and now is in transition to republican or participative democracy. Liberal democracy followed Schumpeter’s definition and was elitist. Social-democracy may also be called “plural” and “public opinion democracy”, in so far as electors’ general views become politicians’ central concern. Recently democracy is turning republican or participatory, as the public space becomes a reality and an increasing number of citizens seek to influence political decisions through civil society’s organizations either representing group interests or directly promoting the public interest. In the future, we may think in a deliberative democracy, as public debate gains density, political advocacy gains strength, and politicians’ accountability is enhanced. A short survey of the literature on participative democracy substantiates the argument.Less
In the more developed countries, democracy was liberal in the first part of the twentieth century, social-democratic in the second part, and now is in transition to republican or participative democracy. Liberal democracy followed Schumpeter’s definition and was elitist. Social-democracy may also be called “plural” and “public opinion democracy”, in so far as electors’ general views become politicians’ central concern. Recently democracy is turning republican or participatory, as the public space becomes a reality and an increasing number of citizens seek to influence political decisions through civil society’s organizations either representing group interests or directly promoting the public interest. In the future, we may think in a deliberative democracy, as public debate gains density, political advocacy gains strength, and politicians’ accountability is enhanced. A short survey of the literature on participative democracy substantiates the argument.
Rachel A. Cichowski and Alec Stone Sweet
- Published in print:
- 2003
- Published Online:
- February 2006
- ISBN:
- 9780199264995
- eISBN:
- 9780191603259
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199264996.003.0009
- Subject:
- Political Science, Comparative Politics
This analysis examines the relationship between representative democracy and courts. In particular, it asks to what extent can citizens activate judicial institutions to pursue more diffuse public ...
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This analysis examines the relationship between representative democracy and courts. In particular, it asks to what extent can citizens activate judicial institutions to pursue more diffuse public policy issues and whether this use has grown over time? To assess this change, cross-national variations in three institutional variables: separation of powers, judicially enforceable rights, and rules governing standing to sue state authorities, are examined. The findings reveal increasing levels of public interest litigation around the globe that has led to a creeping judicialization of policy-making.Less
This analysis examines the relationship between representative democracy and courts. In particular, it asks to what extent can citizens activate judicial institutions to pursue more diffuse public policy issues and whether this use has grown over time? To assess this change, cross-national variations in three institutional variables: separation of powers, judicially enforceable rights, and rules governing standing to sue state authorities, are examined. The findings reveal increasing levels of public interest litigation around the globe that has led to a creeping judicialization of policy-making.
Leif Lewin
- Published in print:
- 1991
- Published Online:
- November 2003
- ISBN:
- 9780198277255
- eISBN:
- 9780191599774
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198277253.003.0005
- Subject:
- Political Science, Comparative Politics
The final chapter of the book draws conclusions and implications from the evidence presented in previous chapters that public interest seems to be of greater importance in democratic politics than ...
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The final chapter of the book draws conclusions and implications from the evidence presented in previous chapters that public interest seems to be of greater importance in democratic politics than self‐interest. Analysing collective rationality, the public‐choice theory maintains the notion that realization of collective choice often brings about ‘unfortunate and unintended consequences’, thus suggesting that more self‐regulatory, privately owned free‐market economy can solve many problems, providing individuals better opportunities to reach their goals. As an alternative, drawing on such classics of political philosophy as Rousseau, Kant, and Hume, as well as on insights of iterative games of ‘Prisoner Dilemma’, Leif Lewin describes concepts of welfare state, social contract, and common good. Upholding the belief that the man is a rational human being, who endeavours to realize his preferences, the author maintains that these preferences need not be egoistic in nature and calls political scientists not to deny the findings of their own empirical research. He concludes that for the most part the man tries to further the public interest in politics, assuming that in the long run such policies are also to his own benefit.Less
The final chapter of the book draws conclusions and implications from the evidence presented in previous chapters that public interest seems to be of greater importance in democratic politics than self‐interest. Analysing collective rationality, the public‐choice theory maintains the notion that realization of collective choice often brings about ‘unfortunate and unintended consequences’, thus suggesting that more self‐regulatory, privately owned free‐market economy can solve many problems, providing individuals better opportunities to reach their goals. As an alternative, drawing on such classics of political philosophy as Rousseau, Kant, and Hume, as well as on insights of iterative games of ‘Prisoner Dilemma’, Leif Lewin describes concepts of welfare state, social contract, and common good. Upholding the belief that the man is a rational human being, who endeavours to realize his preferences, the author maintains that these preferences need not be egoistic in nature and calls political scientists not to deny the findings of their own empirical research. He concludes that for the most part the man tries to further the public interest in politics, assuming that in the long run such policies are also to his own benefit.
Alessandra Asteriti and Christian J. Tams
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199589104
- eISBN:
- 9780191595455
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199589104.003.0025
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
This chapter addresses one of the crucial tensions facing modern investment arbitration: that between confidentiality and privacy, on the one hand, and transparency and inclusiveness, on the other. ...
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This chapter addresses one of the crucial tensions facing modern investment arbitration: that between confidentiality and privacy, on the one hand, and transparency and inclusiveness, on the other. It begins by reviewing how investment arbitration frameworks have addressed this tension so far, noting the traditional focus on confidentiality and privacy and the more recent trend towards transparency and inclusiveness of proceedings before ICSID and/or NAFTA tribunals. The chapter then compares domestic public law approaches to questions of transparency and public interest representation. Having reviewed US, English, French, German, and Greek law, it shows that domestic public law seems to accept the principle of transparency and provides for various forms of indirect public interest representation (e.g., through amicus curiae briefs) but also different forms of public interest claims. While this approach cannot be directly transposed to investment arbitration, it clearly can, and arguably should, guide the approach of investment lawyers.Less
This chapter addresses one of the crucial tensions facing modern investment arbitration: that between confidentiality and privacy, on the one hand, and transparency and inclusiveness, on the other. It begins by reviewing how investment arbitration frameworks have addressed this tension so far, noting the traditional focus on confidentiality and privacy and the more recent trend towards transparency and inclusiveness of proceedings before ICSID and/or NAFTA tribunals. The chapter then compares domestic public law approaches to questions of transparency and public interest representation. Having reviewed US, English, French, German, and Greek law, it shows that domestic public law seems to accept the principle of transparency and provides for various forms of indirect public interest representation (e.g., through amicus curiae briefs) but also different forms of public interest claims. While this approach cannot be directly transposed to investment arbitration, it clearly can, and arguably should, guide the approach of investment lawyers.
Simona Piattoni
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199562923
- eISBN:
- 9780191721656
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562923.003.0005
- Subject:
- Political Science, Comparative Politics, European Union
This chapter analyzes the third axis, which describes the challenges to the exclusionary state coming from civil society mobilization. The growing involvement of civil society organizations in ...
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This chapter analyzes the third axis, which describes the challenges to the exclusionary state coming from civil society mobilization. The growing involvement of civil society organizations in authoritative decision‐making is a phenomenon that takes place both within and across countries. The borders of the national state are frequently pierced and mobilization occurs increasingly at the transnational level. Forms of participated governance can be found at all governmental levels as well as across levels. Public interests are promoted by transnational social movements and advocacy coalitions.Less
This chapter analyzes the third axis, which describes the challenges to the exclusionary state coming from civil society mobilization. The growing involvement of civil society organizations in authoritative decision‐making is a phenomenon that takes place both within and across countries. The borders of the national state are frequently pierced and mobilization occurs increasingly at the transnational level. Forms of participated governance can be found at all governmental levels as well as across levels. Public interests are promoted by transnational social movements and advocacy coalitions.
Leif Lewin
- Published in print:
- 1991
- Published Online:
- November 2003
- ISBN:
- 9780198277255
- eISBN:
- 9780191599774
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198277253.003.0003
- Subject:
- Political Science, Comparative Politics
According to the assumption of the public‐choice theory, politicians are guided by their self‐interest and vote maximization. By analysing studies based on theories of the political business cycle, ...
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According to the assumption of the public‐choice theory, politicians are guided by their self‐interest and vote maximization. By analysing studies based on theories of the political business cycle, Leif Lewin provides evidence of predominance of public interest over self‐interest in politics.The author then proceeds to analyse the electoral strategies of European socialists supporting this argument. The facts presented clearly indicate that the image of the politicians as primarily vote‐maximizers has little empirical support.Less
According to the assumption of the public‐choice theory, politicians are guided by their self‐interest and vote maximization. By analysing studies based on theories of the political business cycle, Leif Lewin provides evidence of predominance of public interest over self‐interest in politics.
The author then proceeds to analyse the electoral strategies of European socialists supporting this argument. The facts presented clearly indicate that the image of the politicians as primarily vote‐maximizers has little empirical support.
Mike Feintuck
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199269020
- eISBN:
- 9780191699320
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199269020.001.0001
- Subject:
- Law, Constitutional and Administrative Law
The concept of ‘the public interest’ is often used in legal and political discourse, lending an air of legitimacy and respectability to exercises of power. However, the term is rarely defined in any ...
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The concept of ‘the public interest’ is often used in legal and political discourse, lending an air of legitimacy and respectability to exercises of power. However, the term is rarely defined in any meaningful sense. Even where it has the appearance of a term of art in legal or regulatory usage, it may, in reality be no more than an empty vessel, waiting to be filled with whatever values the user wishes. This lack of definition renders the concept vulnerable to capture by interest groups, quite contrary to the collective values that the term seems to imply. This book considers whether these problems with the concept's current usage are inevitable and inherent, or whether it is possible to reinvigorate it. It begins by considering a variety of abstract concepts of public interest from the literature of law, political science, and economics. This exploration suggests a close relationship between a meaningful model of public interest and central democratic values such as citizenship. However, the dominant models fail to reflect these expectations satisfactorily. Using a series of case studies of current regulatory activity in Britain and the United States, the book then goes on to explore how the concept is used in practice. Finally, the actual and potential utility of the concept of public interest is evaluated. The book then considers the legal forms in which the public interest might be manifested in order to offer legitimate and effective protection to vulnerable democratic values by the regulation of private power.Less
The concept of ‘the public interest’ is often used in legal and political discourse, lending an air of legitimacy and respectability to exercises of power. However, the term is rarely defined in any meaningful sense. Even where it has the appearance of a term of art in legal or regulatory usage, it may, in reality be no more than an empty vessel, waiting to be filled with whatever values the user wishes. This lack of definition renders the concept vulnerable to capture by interest groups, quite contrary to the collective values that the term seems to imply. This book considers whether these problems with the concept's current usage are inevitable and inherent, or whether it is possible to reinvigorate it. It begins by considering a variety of abstract concepts of public interest from the literature of law, political science, and economics. This exploration suggests a close relationship between a meaningful model of public interest and central democratic values such as citizenship. However, the dominant models fail to reflect these expectations satisfactorily. Using a series of case studies of current regulatory activity in Britain and the United States, the book then goes on to explore how the concept is used in practice. Finally, the actual and potential utility of the concept of public interest is evaluated. The book then considers the legal forms in which the public interest might be manifested in order to offer legitimate and effective protection to vulnerable democratic values by the regulation of private power.
Kristin Shrader‐Frechette
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780195325461
- eISBN:
- 9780199869275
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195325461.003.0002
- Subject:
- Philosophy, Moral Philosophy
This chapter discusses some of the unethical strategies polluters use to mislead citizens about pollution risks. It identifies at least ten special-interest or government behaviors — from advertising ...
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This chapter discusses some of the unethical strategies polluters use to mislead citizens about pollution risks. It identifies at least ten special-interest or government behaviors — from advertising and lobbying to white-collar crime and information-suppression — that enable private-interest polluters to subvert the public interest. These strategies allow polluters to “corner the market” in public-health information, fail to disclose risks to citizens, and threaten their health. When relevant risks are not disclosed, citizens are unable to fulfill their rights to know, to give or withhold consent to the risks, and to receive equal protection. To protect their rights, citizens are urged to use the tools of deliberative democracy to educate themselves and others, to help prevent conflicts of interest, and to ensure that government regulators and oversight agencies behave as they should.Less
This chapter discusses some of the unethical strategies polluters use to mislead citizens about pollution risks. It identifies at least ten special-interest or government behaviors — from advertising and lobbying to white-collar crime and information-suppression — that enable private-interest polluters to subvert the public interest. These strategies allow polluters to “corner the market” in public-health information, fail to disclose risks to citizens, and threaten their health. When relevant risks are not disclosed, citizens are unable to fulfill their rights to know, to give or withhold consent to the risks, and to receive equal protection. To protect their rights, citizens are urged to use the tools of deliberative democracy to educate themselves and others, to help prevent conflicts of interest, and to ensure that government regulators and oversight agencies behave as they should.
Dario Milo
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199204922
- eISBN:
- 9780191709449
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199204922.001.0001
- Subject:
- Law, Law of Obligations, Human Rights and Immigration
The law of defamation contemplates the clash of two fundamental rights: the right to freedom of expression and the right to reputation. The rules of defamation law are designed to mediate between ...
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The law of defamation contemplates the clash of two fundamental rights: the right to freedom of expression and the right to reputation. The rules of defamation law are designed to mediate between these two rights. The central proposition that this book makes is that defamation law needs to be reformed to balance the conflicting rights. This discussion flows from a theoretical analysis of the rights in issue; the value underlying the right to reputation that has most resonance is human dignity, while the value that is most apposite to freedom of expression in this context is the argument that free speech is integral to democracy. The argument from democracy emphasizes that speech on matters of public interest should receive greater protection than private speech. This book argues that fundamental rules of defamation law need to be reformed to take into account the dual importance of public interest speech on the one hand, and the right to human dignity on the other. In particular, the presumptions that defamatory allegations are false and have caused damage, the principle of strict liability to primary publishers and negligence liability to secondary publishers, and the availability of punitive damages, should not survive constitutional scrutiny. The quantum of damages and costs rules, and the remedies available in defamation cases, should also be reformed to reflect the importance of dignity to the claimant, and the free speech interest of the public in receiving accurate information on matters of public interest.Less
The law of defamation contemplates the clash of two fundamental rights: the right to freedom of expression and the right to reputation. The rules of defamation law are designed to mediate between these two rights. The central proposition that this book makes is that defamation law needs to be reformed to balance the conflicting rights. This discussion flows from a theoretical analysis of the rights in issue; the value underlying the right to reputation that has most resonance is human dignity, while the value that is most apposite to freedom of expression in this context is the argument that free speech is integral to democracy. The argument from democracy emphasizes that speech on matters of public interest should receive greater protection than private speech. This book argues that fundamental rules of defamation law need to be reformed to take into account the dual importance of public interest speech on the one hand, and the right to human dignity on the other. In particular, the presumptions that defamatory allegations are false and have caused damage, the principle of strict liability to primary publishers and negligence liability to secondary publishers, and the availability of punitive damages, should not survive constitutional scrutiny. The quantum of damages and costs rules, and the remedies available in defamation cases, should also be reformed to reflect the importance of dignity to the claimant, and the free speech interest of the public in receiving accurate information on matters of public interest.
Stephan W. Schill (ed.)
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199589104
- eISBN:
- 9780191595455
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199589104.001.0001
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (as regards procedure). However, ...
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Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (as regards procedure). However, in essence and function it deals with a special, internationalized form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. It essentially constitutes a public law discipline. Investment law's public nature is increasingly being recognized in academic writing and arbitral awards, where reference to national administrative law concepts and principles of international law based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties, yet without in depth conceptualization. This book aims to bring these so far only sporadic and not fully developed ad-hoc references to comparative and international administrative law concepts together in order to form a deeper theoretic and systematic framework. The book hopes to develop the ‘bridge’ between treaty-based international investment arbitration and comparative administrative law on both the theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause), but also major procedural principles are compared with their counterpart in domestic and international public law. That ‘bridge’ will allow international investment law to benefit from comparative public law experience, but also help enhance its legitimacy, political acceptance and ability to develop more fine-tuned interpretations of the central treaty obligations.Less
Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (as regards procedure). However, in essence and function it deals with a special, internationalized form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. It essentially constitutes a public law discipline. Investment law's public nature is increasingly being recognized in academic writing and arbitral awards, where reference to national administrative law concepts and principles of international law based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties, yet without in depth conceptualization. This book aims to bring these so far only sporadic and not fully developed ad-hoc references to comparative and international administrative law concepts together in order to form a deeper theoretic and systematic framework. The book hopes to develop the ‘bridge’ between treaty-based international investment arbitration and comparative administrative law on both the theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause), but also major procedural principles are compared with their counterpart in domestic and international public law. That ‘bridge’ will allow international investment law to benefit from comparative public law experience, but also help enhance its legitimacy, political acceptance and ability to develop more fine-tuned interpretations of the central treaty obligations.
Mike Feintuck and Mike Varney
- Published in print:
- 2006
- Published Online:
- September 2012
- ISBN:
- 9780748621668
- eISBN:
- 9780748670987
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748621668.001.0001
- Subject:
- Society and Culture, Media Studies
Regulation of the media has traditionally been premised upon claims of ‘the public interest’, yet the term itself remains contested and generally ill defined. In the context of technological ...
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Regulation of the media has traditionally been premised upon claims of ‘the public interest’, yet the term itself remains contested and generally ill defined. In the context of technological development and convergence, as well as corporate conglomeration, traditional ‘public service’ values in British broadcasting are challenged by market values. With such ongoing trends continuing apace, regulators must increasingly justify their interventions. The communication industries' commercialisation and privatisation pose a fundamental threat to democratic values. This book argues that regulators will only successfully protect such values if claims associated with ‘citizenship’ are recognised as the rationale and objective for the regulatory endeavour. While such themes are central to the book, this second edition has been substantially revised and updated to take account of matters such as European Directives, the UK's Communications Act 2003, the process of reviewing the BBC's Charter and relevant aspects of the reform of general competition law.Less
Regulation of the media has traditionally been premised upon claims of ‘the public interest’, yet the term itself remains contested and generally ill defined. In the context of technological development and convergence, as well as corporate conglomeration, traditional ‘public service’ values in British broadcasting are challenged by market values. With such ongoing trends continuing apace, regulators must increasingly justify their interventions. The communication industries' commercialisation and privatisation pose a fundamental threat to democratic values. This book argues that regulators will only successfully protect such values if claims associated with ‘citizenship’ are recognised as the rationale and objective for the regulatory endeavour. While such themes are central to the book, this second edition has been substantially revised and updated to take account of matters such as European Directives, the UK's Communications Act 2003, the process of reviewing the BBC's Charter and relevant aspects of the reform of general competition law.
DANIELA IKAWA
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195381146
- eISBN:
- 9780199869305
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195381146.003.0013
- Subject:
- Law, Public International Law
This chapter explores the impact of public interest law on legal education and, in particular, on clinical legal education. It analyzes two peculiarities of public interest law in relation to a more ...
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This chapter explores the impact of public interest law on legal education and, in particular, on clinical legal education. It analyzes two peculiarities of public interest law in relation to a more traditional perspective of the law—its special connection to reality and its connection to material justice—and argues that understanding those peculiarities can help address one of the main problems regarding modern legal education, its keenness to conformity. The chapter includes discussions of the issue of conformity and of public interest law's connection to reality and to material justice. It then analyzes their impact on legal education, drawing on two cases at two law school clinics in Brazil and Poland.Less
This chapter explores the impact of public interest law on legal education and, in particular, on clinical legal education. It analyzes two peculiarities of public interest law in relation to a more traditional perspective of the law—its special connection to reality and its connection to material justice—and argues that understanding those peculiarities can help address one of the main problems regarding modern legal education, its keenness to conformity. The chapter includes discussions of the issue of conformity and of public interest law's connection to reality and to material justice. It then analyzes their impact on legal education, drawing on two cases at two law school clinics in Brazil and Poland.
Rahul Sagar
- Published in print:
- 2016
- Published Online:
- October 2017
- ISBN:
- 9780691168180
- eISBN:
- 9781400880850
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691168180.003.0006
- Subject:
- Political Science, Political Theory
This chapter examines the circumstances under which an official will be justified in violating laws that prohibit unauthorized disclosures of classified information. It explains why we cannot rely on ...
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This chapter examines the circumstances under which an official will be justified in violating laws that prohibit unauthorized disclosures of classified information. It explains why we cannot rely on the practice of whistleblowing to counter the misuse of state secrecy. It argues that an official may “blow the whistle” if he/she encounters classified information that clearly reveals wrongdoing posing an immediate and serious threat to the public interest, and if he/she makes a good faith effort to minimize the harm that the publication of this information may cause national security. It also asserts that the official must identify himself/herself so that we can assess whether his/her view of what constitutes a wrongful exercise of executive power is a disinterested one. Finally, it shows that would-be whistleblowers have little incentive to disclose their identity, because doing so makes them vulnerable to retaliation from their managers and colleagues.Less
This chapter examines the circumstances under which an official will be justified in violating laws that prohibit unauthorized disclosures of classified information. It explains why we cannot rely on the practice of whistleblowing to counter the misuse of state secrecy. It argues that an official may “blow the whistle” if he/she encounters classified information that clearly reveals wrongdoing posing an immediate and serious threat to the public interest, and if he/she makes a good faith effort to minimize the harm that the publication of this information may cause national security. It also asserts that the official must identify himself/herself so that we can assess whether his/her view of what constitutes a wrongful exercise of executive power is a disinterested one. Finally, it shows that would-be whistleblowers have little incentive to disclose their identity, because doing so makes them vulnerable to retaliation from their managers and colleagues.
Benjamin C. Waterhouse
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691149165
- eISBN:
- 9781400848171
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149165.003.0003
- Subject:
- History, American History: early to 18th Century
This chapter discusses how the institutional developments at the National Association of Manufacturers (NAM) and the U.S. Chamber of Commerce grew directly from the political and economic upheaval of ...
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This chapter discusses how the institutional developments at the National Association of Manufacturers (NAM) and the U.S. Chamber of Commerce grew directly from the political and economic upheaval of the late 1960s and early 1970s and paved the way for effective pan-business lobbying in the years ahead. The tumultuous 1960s had altered the landscape of Congress and party politics, particularly through the rise of public interest liberalism and its demands for greater federal intervention with regard to employment equality, consumer and worker protection, and environmental stewardship. In this new political context, business leaders at the NAM and the Chamber refashioned their public image, refined their approaches to lobbying, and broadened their policy prescriptions.Less
This chapter discusses how the institutional developments at the National Association of Manufacturers (NAM) and the U.S. Chamber of Commerce grew directly from the political and economic upheaval of the late 1960s and early 1970s and paved the way for effective pan-business lobbying in the years ahead. The tumultuous 1960s had altered the landscape of Congress and party politics, particularly through the rise of public interest liberalism and its demands for greater federal intervention with regard to employment equality, consumer and worker protection, and environmental stewardship. In this new political context, business leaders at the NAM and the Chamber refashioned their public image, refined their approaches to lobbying, and broadened their policy prescriptions.
Michael Tracey
- Published in print:
- 1998
- Published Online:
- October 2011
- ISBN:
- 9780198159254
- eISBN:
- 9780191673573
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198159254.003.0003
- Subject:
- Literature, Film, Media, and Cultural Studies
This chapter examines a number of things: the ideological and structural challenges of the 1980s to most public broadcasting organisations around the globe; the consequences of those challenges for ...
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This chapter examines a number of things: the ideological and structural challenges of the 1980s to most public broadcasting organisations around the globe; the consequences of those challenges for the place of broadcasting and, most especially, television in all our lives; what was being challenged, to whit, what is this thing which we so easily term ‘public service broadcasting’? The point is to understand something of the condition of what continue to be important cultural institutions, and to ask about the appropriate institutional and intellectual architecture for them in the twenty-first century. There was in effect in most major western societies a kind of silent coup dʼetat around the time that the 1970s became the 1980s. The 1990s were the result. The use of the market to serve the ‘public interest’ translated into a continuing act of betrayal of the public in a broad sense in order to sustain the interests of the few.Less
This chapter examines a number of things: the ideological and structural challenges of the 1980s to most public broadcasting organisations around the globe; the consequences of those challenges for the place of broadcasting and, most especially, television in all our lives; what was being challenged, to whit, what is this thing which we so easily term ‘public service broadcasting’? The point is to understand something of the condition of what continue to be important cultural institutions, and to ask about the appropriate institutional and intellectual architecture for them in the twenty-first century. There was in effect in most major western societies a kind of silent coup dʼetat around the time that the 1970s became the 1980s. The 1990s were the result. The use of the market to serve the ‘public interest’ translated into a continuing act of betrayal of the public in a broad sense in order to sustain the interests of the few.
Lucy Vickers
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198268307
- eISBN:
- 9780191683497
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268307.001.0001
- Subject:
- Law, Company and Commercial Law
This book examines employment law implications for employees who exercise the right to freedom of speech, and argues for increased rights to free speech in this context. Most obviously, employees ...
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This book examines employment law implications for employees who exercise the right to freedom of speech, and argues for increased rights to free speech in this context. Most obviously, employees need protection when speaking about immediate threats to health and safety or serious financial malpractice, but they also need protection when participating in debate on matters that are in the public interest. The book suggests that the rights of employees to participate in debate on matters of public interest are vital to a healthy democratic system. The book begins with a study of the philosophical basis for protecting the right to free speech and considers the extent to which that right should survive entry to the workplace. It establishes a principled basis upon which to determine the proper scope of the employee's right to free speech, taking into account the rights of both employers and employees. The impact of the Human Rights Act 1998 and the law under article 10 ECHR is assessed, together with the question of when the exercise of free speech by an employee breaches the contract of employment. The book contains a detailed treatment of the Public Interest Disclosure Act 1998, the rules on unfair dismissal, and the special position of employees working in the civil service, local government, and the NHS. Throughout the discussion of these issues, an assessment is made of the extent to which the current law complies with the proposed model for protection of employee speech.Less
This book examines employment law implications for employees who exercise the right to freedom of speech, and argues for increased rights to free speech in this context. Most obviously, employees need protection when speaking about immediate threats to health and safety or serious financial malpractice, but they also need protection when participating in debate on matters that are in the public interest. The book suggests that the rights of employees to participate in debate on matters of public interest are vital to a healthy democratic system. The book begins with a study of the philosophical basis for protecting the right to free speech and considers the extent to which that right should survive entry to the workplace. It establishes a principled basis upon which to determine the proper scope of the employee's right to free speech, taking into account the rights of both employers and employees. The impact of the Human Rights Act 1998 and the law under article 10 ECHR is assessed, together with the question of when the exercise of free speech by an employee breaches the contract of employment. The book contains a detailed treatment of the Public Interest Disclosure Act 1998, the rules on unfair dismissal, and the special position of employees working in the civil service, local government, and the NHS. Throughout the discussion of these issues, an assessment is made of the extent to which the current law complies with the proposed model for protection of employee speech.
CHARLES L. H. COULSON
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780198208242
- eISBN:
- 9780191716676
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208242.003.0007
- Subject:
- History, British and Irish Medieval History
Considering that they were personal and family residences, the degree of subordination of castles to public priorities in England and France during the medieval period is remarkable. Fortresses were ...
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Considering that they were personal and family residences, the degree of subordination of castles to public priorities in England and France during the medieval period is remarkable. Fortresses were not above the law, and more importantly they were not outside it. This chapter examines some sharper consequences of fortresses' dual personality — in what circumstances it was acceptable for them to be seized or even demolished (though still not erased from the map). If being attacked was normally unlikely, interference in the public interest represented by the castellan's superior (senyor, seigneur, or lord) was a contingent liability of the fortress. The chapter looks at some notable instances of urban hostility and class conflict involving ‘private’ castles. Rendability, in all the guises of conditional fortress-tenure, epitomized the public utility of private castles; while conversely the class antagonisms, which have been illustrated in south-west France, focused on fortification and displayed the practical limits of social consensus.Less
Considering that they were personal and family residences, the degree of subordination of castles to public priorities in England and France during the medieval period is remarkable. Fortresses were not above the law, and more importantly they were not outside it. This chapter examines some sharper consequences of fortresses' dual personality — in what circumstances it was acceptable for them to be seized or even demolished (though still not erased from the map). If being attacked was normally unlikely, interference in the public interest represented by the castellan's superior (senyor, seigneur, or lord) was a contingent liability of the fortress. The chapter looks at some notable instances of urban hostility and class conflict involving ‘private’ castles. Rendability, in all the guises of conditional fortress-tenure, epitomized the public utility of private castles; while conversely the class antagonisms, which have been illustrated in south-west France, focused on fortification and displayed the practical limits of social consensus.
Julian E. Zelizer
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691150734
- eISBN:
- 9781400841899
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691150734.003.0013
- Subject:
- History, American History: early to 18th Century
This chapter explores the relationship between politics and scandal throughout American history. Scandals had been part of American politics since the revolution, but they had never so pervasive as ...
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This chapter explores the relationship between politics and scandal throughout American history. Scandals had been part of American politics since the revolution, but they had never so pervasive as in the last three decades of the twentieth century. They had become integral to partisan strategy, political reform, and the public perception of government. The chapter first considers the role of scandal in national politics in the early postwar era, 1945–1964, before discussing the efforts of public interest groups in collaboration with liberal Democrats to put corruption on the national agenda. It then examines the politics of reform between 1972 and 1978, along with the change in political style that gradually encouraged the latent tendency of democratic politics to veer into scandal during the period 1978–1992. It also looks at television coverage of scandals and the impeachment of Bill Clinton and concludes with some reflections on the future of scandal politics.Less
This chapter explores the relationship between politics and scandal throughout American history. Scandals had been part of American politics since the revolution, but they had never so pervasive as in the last three decades of the twentieth century. They had become integral to partisan strategy, political reform, and the public perception of government. The chapter first considers the role of scandal in national politics in the early postwar era, 1945–1964, before discussing the efforts of public interest groups in collaboration with liberal Democrats to put corruption on the national agenda. It then examines the politics of reform between 1972 and 1978, along with the change in political style that gradually encouraged the latent tendency of democratic politics to veer into scandal during the period 1978–1992. It also looks at television coverage of scandals and the impeachment of Bill Clinton and concludes with some reflections on the future of scandal politics.
