Preventive detention and the right to personal liberty and security under Article 5 ECHR

'Preventive detention' refers to detention by executive order as a  precautionary measure based on predicted criminal conduct. Detention is without criminal charge or trial as detention is based on the prediction of a future offence. This paper examines Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ('ECHR'), in particular Article 5(1)(c) and Article 5(3). To explore this issue, this paper conducts a textual analysis of Article 5 and examines both the travaux preacuteparatoires of the ECHR, as well as jurisprudence of the European Court of Human Rights. This article argues that preventive detention is specifically provided for under the second ground of detention in Article 5(1)(c). A person in preventive detention, however, must be brought promptly before judicial authority under Article 5(3).

Preventative detention in Australian law : issues of interpretation

This article examines the statutory interpretation of terms in Div 105 of the Criminal Code Act 1995 (Cth) . This division is the regime for preventative detention orders (PDOs), an Executive order permitting a person to be taken into custody and deprived of his/her personal liberty for the purpose of either preventing an imminent terrorist act or preserving evidence of a past terrorist act. The organisation of this article corresponds with three key features of a PDO from this description: "detention"; "Executive"; and "preventative purpose". To consider the interpretation of Div 105 , this article relies on statutory principles of interpretation, and most notably, the recent authority of Thomas v Mowbray (2007) 81 ALJR 1414 [PDF] ; [2007] HCA 33.

A concessão de uso especial para fins de moradia na ordem jurídica brasileira: a medida provisória 2.220 a partir de uma análise constitucional

Este trabalho se propõe a analisar a posse dos bens públicos, sob a perspectiva do neoconstitucionalismo, com destaque para o princípio da função social da propriedade. A tese deste estudo se pautou na afirmativa de que a partir do surgimento da concessão de uso especial para fins de moradia, instituída pela Medida Provisória 2.220 para regulamentar o artigo 183, § 1º da Constituição Federal de 1988, a função social da propriedade, antes sobrelevada nos litígios envolvendo a posse dos bens públicos, passou a ser discutida no âmbito dos tribunais. Para a comprovação da referida tese, analisou-se a jurisprudência do Superior Tribunal de Justiça, dos Tribunais Regionais Federais das cinco regiões do país e dos Tribunais de Justiça do Estado do Rio de Janeiro e do Rio Grande do Sul. Feita esta análise, foi possível comprovar a tese defendida. Com o intuito de garantir a máxima eficácia ao princípio da função social da propriedade, defendeu-se a não delimitação temporal imposta pela MP 2.220, tendo por base quatro argumentos de índole constitucional, sendo eles, a observância da força normativa da Constituição, a aplicação dos tratados internacionais de Direitos Humanos, o respeito ao princípio da igualdade e, por fim, o princípio da supremacia da Constituição.

A discourse-theoretic approach to negotiated rulemaking

In 1996 and in 1997, Congress ordered the Secretary of Health and Human Services to undertake a process of negotiated rulemaking, which is authorized under the Negotiated Rulemaking Act of 1990, on three separate rulemaking matters. Other Federal agencies, including the Environmental Protection Agency and the Occupational Health and Safety Administration, have also made use of this procedure. As part of the program to reinvent government, President Clinton has issued an executive order requiring federal agencies to engage in some negotiated rulemaking procedures. I present an analytic, interpretative and critical approach to looking at the statutory and regulatory provisions for negotiated rulemaking as related to issues of democratic governance surrounding the problem of delegation of legislative power. The paradigm of law delineated by Jürgen Habermas, which sets law the task of achieving social or value integration as well as integration of systems, provides the background theory for a critique of such processes. My research questions are two. First, why should a citizen obey a regulation which is the result of negotiation by directly interested parties? Second, what is the potential effect of negotiated rulemaking on other institutions for deliberative democracy? For the internal critique I argue that the procedures for negotiated rulemaking will not produce among the participants the agreement and cooperation which is the legislative intent. For the external critique I argue that negotiated rulemaking will not result in democratically-legitimated regulation. In addition, the practice of negotiated rulemaking will further weaken the functioning of the public sphere, as Habermas theorizes it, as the central institution of deliberative democracy. The primary implication is the need to mitigate further development of administrative agencies as isolated, self-regulating systems, which have been loosened from the controls of democratic governance, through the development of a robust public sphere in which affected persons may achieve mutual understanding. ^

An analysis of Texas's school based HPV vaccine mandate: A public health risk communication failure: HPVETO!

Genital human papillomavirus (HPV) is of public health concern because persistent infection with certain HPV types can cause cervical cancer. In response to a nationwide push for cervical cancer legislation, Texas Governor Rick Perry bypassed the traditional legislative process and issued an executive order mandating compulsory HPV vaccinations for all female public school students prior to their entrance in the sixth grade. By bypassing the legislative process Governor Perry did not effectively mitigate the risk perception issues that arose around the need for and usefulness of the vaccine mandate. This policy paper uses a social policy paradigm to identify perception as the key intervening factor on how the public responds to risk information. To demonstrate how the HPV mandate failed, it analyzes four factors, economics, politics, knowledge and culture, that shape perception and influence the public's response. By understanding the factors that influence the public's perception, public health practitioners and policy makers can more effectively create preventive health policy at the state level. ^

POW, the fight continues after the battle : the report of the Secretary of Defense's Advisory Committee on Prisoners of War.

"Executive order 10631, Code of conduct for members of the Armed Forces of the United States": [4] p. inserted.

Records relating to American prisoners of war and missing in action from the Vietnam War /

Includes index.

Identical bidding in public procurement.

"Report of the Attorney General under Executive order 10936."

"Building for success" : Illinois' annual comprehensive housing plan : progress report January 1 ... through December 31 ... : as submitted to Rod R. Blagojevich, Governor and the Illinois General Assembly /

No longer issued with the consolidated performance report.

A Call for action : the Illinois State Justice Commission final report, June 1996.

Report consists of (1) a description of issues identified by the Commission as important to future efforts to improve the quality of justice in Illinois, (2) a review and compilation of previous studies of the Illinois justice system, (3) highlights of national, state and local findings and (4) a guide for future action in Illinois.

Annual report.

Recognizing the need to share critical information, the State of Illinois established the Illinois Integrated Justice Information System (IIJIS) Governing Board in 2001. This board, comprised of representatives from state, county, and municipal justice agencies, was charged with the responsibility of developing a plan for justice information sharing in Illinois. Their report, the Illinois Integrated Justice Information System Strategic Plan, was completed in December 2002. In order to implement the strategic plan developed by the IIJIS Board, Governor Rod Blagojevich created the Illinois Integrated Justice Information System Implementation Board in 2003. Created by executive Order 16, the IIJIS Implementation Board is an intergovernmental effort dedicated to improving the administration of justice in Illinois. It was created in recognition of the need to improve information sharing and to meet challenges to public safety, such as those presented by the tragic events of September 11, 2001, and the Washington, DC serial sniper incident. In light of the demand for increased access to critical subject information, the Board is additionally charged with the responsibility of safeguarding individual privacy rights and preventing unauthorized disclosures of information.

Assessment of created wetland performance in Illinois /

Wetlands are extremely valuable natural features that have decreased significantly in number over time in Illinois and the United States ... Their important functions include flood protection, water conservation in times of drought, groundwater recharge, improvement of water quality through sediment reduction and contaminant removal, and providing habitat for native animals and plants, including many sensitive and state-listed threatened and endangered species ... Due to a federal "no net loss" policy on wetlands adopted through executive order by President George H. Bush in 1990, as well as a prevailing heightened interest in conservation in general, there is currently considerable interest in the restoration and creation of wetlands. Both Section-404 of the Clean Water Act of 1972 and the Swampbuster Provision of the Food Securities Act of 1985 require compensation or mitigation for the loss of wetlands. A number of federal and state programs such as Section 319 of the Clean Water Act and the Conservation Reserve Program within the Natural Resources Conservation Service (NRCS) encourage wetland restoration and creation. In addition, various conservation organizations, such as The Nature Conservancy and Ducks Unlimited are very active in wetland restoration. Despite wetland restoration efforts and the national goal of no net loss, wetlands and wetland functions continue to be lost due to degradation of existing wetlands ... Unfortunately, no reliable information exists on the quality of existing wetlands or on trends in wetland quality over time ... The functional quality of existing wetlands is likely decreasing in many areas due to the combined effects of habitat fragmentation, alteration of hydrology, invasive species, and continued input of nutrients and pollutants. Furthermore, it is still debatable whether created or restored wetlands can adequately replace the suite of ecological functions provided by natural wetlands ... and the failure of many wetland compensation projects contributes to a continued national net loss of wetland functions ... The need for post-construction site monitoring and assessment of created and restored wetlands to evaluate functional success is widely recognized. ... At this time, there is little agreement on how to assess the success on quality of wetland restorations or creations.

Funding and plan design summary of the State Employees' Group Insurance Program /

The Illinois State Employees' Group Insurance Program provides medical, dental, vision and life insurance coverage to Illinois state employees, retirees and their dependents.

Illinois Terrorism Task Force ... annual report.

Description based on: 2005; title from cover.

[Reorganization and consolidation of the Illinois Dept. of Insurance, Illinois Office of Banks and Real Estate, Illinois Dept. of Professional Regulation, and the Illinois Dept. of Financial Institutions into the Illinois Dept. of Financial and Professional Regulation]

As part of the Governor's effort to streamline State government through improvements in the efficiency and effectiveness of operations, Executive Order 2004-06 ("EO6") provided for the reorganization (consolidation) of the Department of Insurance, Office of Banks and Real Estate, Department of Professional Regulation and Department of Financial Institutions. Through EO6 the four predecessor Agencies were abolished and a single new agency, The Department of Financial and Professional Regulation (hereafter referred to as "IDFPR") was created. The purpose of the consolidation of the four regulatory agencies was to allow for certain economies of scale to be realized primarily within the executive management and administrative functions. Additionally, the consolidation would increases the effectiveness of operations through the integration of certain duplicative functions within the four predecessor agencies without the denegration of the frontline functions. Beginning on or about July 1, 2004, the IDFPR began consolidation activities focusing primarily on the administrative functions of Executive Management, Fiscal and Accounting, General Counsel, Human Resources, Information Technology and Other Administrative Services. The underlying premise of the reorganization was that all improvements could be accomplished without the denegration of the frontline functions of the predecessor agencies. Accordingly, all powers, duties, rights, responsibilities and functions of the predecessor agencies migrated to IDFPR and the reorganization activities commenced July 1, 2004.