2 resultados para Prosecutorial discretion

em Digital Peer Publishing


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It is said that the deprofessionalisation of social work and other welfare occupations reduces workers' professional discretion and autonomy, and thus their capacity to act in the best interests of their client. Without necessarily regarding the deprofessionalisation thesis as conclusive, this paper will ask how the state's control of the role and task of social workers impacts on their role-implicated obligations as professionals. If workers are reduced (as claimed) to the status of mere functionaries in systems they neither approve of nor control, does this exonerate them from bad outcomes or service failures? How should we view the dramatic increase in formal regulation now seen in the UK - as professionalisation or deprofessionalisation? The paper will argue that whatever the drift of policy, workers remain in some measure personally accountable. Service failures imply faults of practical reason that are partly attributable to the moral and intellectual character of professionals as individuals. It is therefore up to professionals, and their organisations, to attend to the improvement of professional character.

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Taking the South African experience as an example, this article considers the interpretive benefits to be reaped from having access to bi- and multilingual versions of a statutory text. The discussion takes place against the backdrop of a history of statutory bi- and multilingualism in the said jurisdiction as well as, at present, constitutional guarantees of language rights and the “parity of esteem” of eleven official languages. It is argued that, if invoked with due discretion and in a non-rigid way, statutory multilingualism can be a boon to statutory and constitutional interpretation. The South African courts – whose traditional approach to statutory inter-pretation has tended to be literalist, formalistic and formulaic – are, generally speaking, to be commended for their supple use of bilingualism as an aid to interpretation over the years. The advent of constitutional multilingualism and the (potential) availability of statutory texts (and the Constitution) in more than two languages, have moreover created conditions conducive to the further development and refinement of reliance on multilingualism in statutory and constitutional interpretation – certain challenges notwithstanding.