Encouraging a culture of justification: a comparison of Teoh and Baker

Focuses on the intersection of administrative law, international law, and universal human rights concepts in Australia and Canada. Comparison of  court decision between the cases involving Ah Hin Teoh and the Canadian  Minister of Citizenship and Immigration; Effect of the ratified United Nations  Convention on the Rights of the Child on administrative decisions; Judicial supervision of executive actions.

International sentencing law: in search of a justification and coherent framework

An international sentencing jurisprudence is emerging from the decisions by the International Criminal Tribunal for the Former Yugoslavia (ICTY or the Yugoslav tribunal) and the International Criminal Tribunal for Rwanda (ICTR or the Rwanda tribunal) (collectively, 'the tribunals'). This article examines international sentencing law and practice and discusses the justification for the practice. International sentencing law has several objectives. The main goals are reconciliation, deterrence, retribution and rehabilitation. The sentencing inquiry is marked by a high degree of discretion and has resulted in sentencers developing a large amount of aggravating and mitigating considerations, such as being in a position of authority, remorse and good character. It is argued that the current international sentencing approach is flawed - fundamentally so. Most of the stated goals of international sentencing in the form of reconciliation, retribution and rehabilitation are either highly speculative or misguided. The only justification for the practice is general deterrence. This is, however, significantly undermined by the selective and infrequent enforcement of crimes within the jurisdiction of such tribunals. The stated aggravated and mitigating considerations are not valid given that they are not justified by reference to the stated aims of sentencing and only serve to undermine the search for a penalty which is commensurate the serious of the offence. This article suggests a coherent framework for international sentencing policy and practice.

Electronic commerce strategic investment justification frameworks : an Australian perspective

Strategic use of information technology, especially electronic commerce, has been used by organisations throughout the world in a vast array of industries to gain a competitive industry. With growing interest in electronic commerce organisations are now developing a new range of electronic commerce applications. However, justification in allocating organisation resources does not always follow the more commonly accepted methods. This paper explores why organizations invest in electronic commerce applications and highlights several approaches to justification. Central to the work was to determine the underlying benefits of investing in Web applications. This paper examines various models and frameworks that can be used as a form of justification. A conclusion of this paper is a framework for the justification of web-based applications by utilizing the Delphi methodology.

Radiation exposure and the justification of computed tomography scanning in an Australian hospital emergency department

In an emergency department (ED), computed tomography (CT) is particularly beneficial in the investigation of high-speed trauma patients. With the advent of multidetector CT (MDCT) scanners, it is becoming faster and easier to conduct scans. In recent years, this has become evident with an increasing number of CT requests. Patients who have multiple CT scans during their hospital stay can receive radiation doses that have an increased theoretical risk of induction of cancer. It is essential that the clinical justification for each CT scan be considered on an individual basis and that due consideration is given to the radiation risk and possible diagnostic benefit. The current lack of a central State or Commonwealth data repository for medical images is a contributing factor to excessive radiation dosage to the population. The principles of justification and radiation risks are discussed in this study.

Dignity, virtue and punishment : the ethical justification of disciplinary segregation in prisoners

In this paper I reflect on Bersot and Arrigo’s argument that virtue ethics provides a sound ethical theory to guide judicial decisions concerning the legitimacy of subjecting mentality disordered offenders to long-term disciplinary solitary confinement. I expand on three issues evident in the Bersot and Arrigo paper: (1) the nature and justification of punishment; (2) the concept of dignity and its relevance to mentally disordered offenders placed in disciplinary solitary confinement, and (3) the nature and scope of virtue theory in the criminal justice context.

Year 3/4 children's forms of justification

Engaging children in justifying, forming conjectures and generalising is critical to develop their mathematical reasoning. Previous studies have revealed limited opportunities for primary school children to justify their thinking, form conjectures and generalise in mathematics lessons. Forms of justification of Year3/4 children from three schools in Victoria, Australia will be examined. Evidence from children's written explanations and their verbal explanations captured in video recordings revealed that some children employed sophisticated mathamatical ideas in their justifications. The value of making children's reasoning explicit through written explanations and verbal communications is highlighted.

An alternative (partial) justification for the holding in Kirk

In Kirk v Industrial Court (NSW), the High Court determined that, based on“accepted doctrine at the time of Federation”, s 73 of the Constitutionentrenched the jurisdiction of the State Supreme Courts to review thedecisions of State decision-makers on the grounds of jurisdictional error. In anearlier article, the author argued that this reasoning was seriously flawed. Thisarticle propounds an alternative, partial justification for the holding in Kirk,based on features inherent in the text and structure of Ch III of the Constitutionat Federation and the preservation of those features in the face of thepost-Federation dismantling of the imperial legal system. It argues that animplication can be inserted into s 73 which entrenches the jurisdiction of theState Supreme Courts to review the decisions of “Lower State Courts”, but not“State Administrators”.

Reformas del esquema de gestión de la CEPAL: delegación de autoridad y rendición de cuentas = Reform of the ECLAC management scheme: delegation of authority and accountability = Réforme du mécanisme de gestion de la CEPALC: délégation de pouvoirs et justification de l'emploi des fonds

Incluye Bibliografía

A syntactic realization theorem for justification logics

Justification logics are refinements of modal logics where modalities are replaced by justification terms. They are connected to modal logics via so-called realization theorems. We present a syntactic proof of a single realization theorem that uniformly connects all the normal modal logics formed from the axioms \$mathsfd\$, \$mathsft\$, \$mathsfb\$, \$mathsf4\$, and \$mathsf5\$ with their justification counterparts. The proof employs cut-free nested sequent systems together with Fitting's realization merging technique. We further strengthen the realization theorem for \$mathsfKB5\$ and \$mathsfS5\$ by showing that the positive introspection operator is superfluous.

Examining the Justification for Residential Recycling

Municipalities in the United States have for the past two decades initiated two policies to reduce residential solid waste generation by increasing recycling. The first policy, implemented in over 4,000 municipalities in the United States, requires households to pay a fee for each unit of garbage presented at the curb for collection. The second policy, initiated in 8,875 municipalities, subsidizes household recycling efforts by providing free curbside collection of certain recyclable materials. Both initiatives serve as examples of incentive-based environmental policies favored by many economists. But before economists can celebrate this wide-spread adoption of incentive-based environmental policies, further examination reveals that potentially inefficient command and control policies have been more instrumental in promoting recycling than might be commonly known. This article examines the empirical lessons gained from studying twenty years of solid waste policy in the United States and argues for the replacement of several state recycling mandates with a system of state and/or national landfill taxes.