Where law is lawful, decision-makers must comply with the law. If administrative justice is to be achieved in the global space, administrative decision-makers must be committed to ‘legality’, meaning that their decisions are consistent with the existing body of law. A comparative analysis of prevailing functional understandings of administrative justice reveals that it contains a requirement that administrative decisions be made ‘according to law’. Global administrative justice requires cohesiveness, and cohesiveness implies stability, or an anchor to which standards can be tethered. If a requirement for decisions to be made according to law is incorporated into a model of global administrative justice, that anchor becomes the legal framework under which administrative decisions are made. The existing law in the global space, which is defined as international law, domestic law and institutional law, intersects with the United Nations to create legal obligations for its administrative decision-making.
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Normative conceptions of administrative justice that are based on rights protection and good governance form the foundation for the second requirement of global administrative justice, which is that administrative decisions must be made ‘according to values the community accepts as just’. These procedural values, which are broadly defined as rationality, fairness, transparency and participation, are revealed through an analysis of the ‘acceptance’ of procedural values by the ‘global community’. A fragmented global community can be defined as both municipal and cosmopolitan in nature, meaning that the values that the global community ‘accepts as just’ will be identified through the codification, interpretation and practice of democratically legitimate international law that reflects the principles of human dignity. Procedural values that are accepted as just by the global community manifest in the global space as divergent standards, according to the functions and objectives of individual global decision-making bodies.
Heline Sivini Ferreira, Diogo Andreola Serraglio and Rullyan Levi Maganhati Mendes
With the National Policy on Climate Change (NPCC) having taken effect in 2009, this chapter aims to assess how the Brazilian judiciary has positioned itself when faced with the unimpressive goals adopted by Brazil to reduce its greenhouse gas emissions into the atmosphere, and safeguarding the environmental balance of the Amazon and Cerrado biomes as a result. Through the deductive approach methodology, the main aspects of both biomes are first examined. Thereafter, the NPCC is analysed with special focus on the results obtained thus far by the Action Plan for Deforestation Prevention and Control in the Legal Amazon (PPCDAm) and the Action Plan for Deforestation and Fire Prevention and Control in the Cerrado (PPCerrado). Finally, having demonstrated that the goals adopted are not based on genuine efforts by Brazil, the judicial handling of the subject is evaluated, indicating the sensitivity of the Brazilian judiciary to the environmental cause.
Procedural Protections, Gaps and Proposals for Reform
S.J. Blodgett-Ford, Woodrow Barfield and Alexander Williams
Virtual and augmented reality can be used to project advertisements in the real or virtual world. This chapter discusses case law, statutes, and regulations that apply to advertising in virtual and augmented reality as well as the possible evolution of the current law due to new challenges. Particular issues of interest include the Lanham Act, nuisance law, virtual trespass, right of publicity, and copyright.
This chapter reviews the Advocacy Coalition Framework (ACF), analysing its account of how ideas transform policy advocacy, sometimes leading to coalescence of opposed forces. It argues that the ACF is a largely descriptive account of belief formation and how those beliefs input into policy change. It examines the hypotheses generated from the ACF and uses the inversion strategy to suggest that most are relatively trivial yet there is a paucity of empirical confirmation. The ACF largely produces proximate descriptions of policy change through historical examination of token cases. This type of informed, qualitative and detailed historical analysis is vital to our understanding of policy change.
Research on the policy agenda offers a unique perspective on how public decisions are made and implemented, in particular highlighting the influence of the mass media and the salience of ideas and argumentation. This chapter contains a summary of agenda-setting theory in the classic works of public policy, followed by a review of the policy agendas approach as advocated by Baumgartner and Jones in the research on punctuated equilibrium. Then a more critical viewpoint is offered, which suggests that writers on agenda-setting find it hard to make causal inferences about the sources of change in public policy.