¿Gobierno de los jueces o gobierno de las instituciones? : pervivencia del rule of law en épocas neoconstitucionales

El trabajo aborda el gobierno de las instituciones como una alternativa superadora del activismo judicial producto de la visión neoconstitucionalista del orden social.

Re-emphasizing the importance of Lake Chad fisheries in Nigerian economy: Borno State experience

Nigeria with an estimated population of about 120 million people requires about 2.3 million metric tonnes of fish and fisheries product for good health at the recommended 19 kg/caput/year by FAO. Lake Chad fisheries resource of Borno State is a blessing in disguise to the Nigerian economy. It has potential to produce over 300,000 metric tonnes of fish protein annually, representing about 12.2% of the total fish demand of Nigerians. In spite of this laudable potential Lake Chad fisheries resources of Borno State declined in the past two decades due, largely, to lack of/or inadequate attention by the government, private and commercial organization, lack of social economics and infra-structural facilities for rational exploitations and management of its resources. This paper re-emphasizes the importance of Lake Chad Fisheries of Borno State in the Nigerian economy. The fisheries resources, the environment, the exploitation, the potential marketing, the role of law enforcement and foreign agencies, the constraints and potentials are discussed. Nigeria can derive a substantial proportion of its fish demand from Lake Chad fisheries of Borno State alone just with the adoption of some proffered strategies including combined efforts of the private and public sectors in the rational management of the fisheries resource of Lake Chad

Discovering keys to explain social policies within the social and democratic rule-of-law sate

There is a collective worldview on social policies that is expressed and understood by university professionals. However, it takes students time to construct this knowledge. Here, we provide fundamental ideas and a dynamic to facilitate learning of social policies. The preparation of a brief dictionary of significant terms is to be constructed as a group, alongside the maieutic work to be carried out by the teacher. The goal is to discover keys to understand the meaning of social policies and the underlying values that sustain a social and democratic rule-of-law state such as the one proposed in the Spanish Constitution of 1978. Attention is focused on the structure of the mixed welfare state. This is an integral proposal and comprises three dimensions. First, it considers the state and its possible welfare agents: business, market, the Church and civil society. The attitudes with which universal and inclusive social action is promoted, breaking radically with the aid-based meaning contained in other systems, are then addressed. Finally, we examine human dignity as a principle and aim of intervention, a basis for understanding other concepts such as human, social, labour and political rights. It is to be hoped that these pages prove useful for both teaching staff and students.

Sheriffs and outlaws: in pursuit of effective enforcement

Compliance has emerged as a key component of regulatory control, but has been subject to limited research. This paper examines compliance in relation to planning control in the jurisdiction of Northern Ireland. It draws upon a review of practice and procedure used to deal with planning enforcement cases and interviews conducted with professional planners. Many of the options considered emerge from the Review of Planning Enforcement System in England published by the Office of the Deputy Prime Minister (2002). The findings are incorporated with theoretical perspectives of regulatory compliance and provide a platform for more effective control of development.

The Creative Life of Law: Improvisation, Between Tradition and Suspicion

Originally applying solely to chefs, waiters, dishwashers and the like, New York City (NYC) regulations governing cabaret employees were altered in 1943 to include musicians and entertainers, who until the late 1960’s would be required to hold a NYC Cabaret Employee’s Identification Card. The introduction of these notorious “police cards” occurred roughly contemporaneously to the emergence in after-hours night clubs in Harlem of a new and supposedly “wild”, improvisatory brand of jazz: bebop. This article adds to the many rather practical theories on why these cards were introduced a more abstract discussion coined in terms of the relationship between suspicion and tradition and focusing on differing essences of law and improvisatory jazz. While law breathes tradition and is suspicious of improvisation and unpredictability, the converse is true of jazz. Allusion to tradition in jazz improvisation is often viewed as a betrayal of its creative and spontaneous nature. And yet it is only through its departure from the stable transmission of past meaning that improvisation gains meaning. Law, in contrast, while appearing to be entirely composed of tradition, to transmit some sort of determinate and fixed meaning, is constantly betraying itself. As no two legal actions can be exactly the same, judges must improvise on tradition and past precedent every time they are asked to decide a case. Law can thus neither dispense with nor be completely determined by tradition. The legal decision instead lies on the border between what it “is” and what it otherwise could be and every judicial act is, in some sense, a species of improvisation. This article uses the cabaret cards to explore this uncertain terrain between law and improvisation, between tradition and suspicion.