Government Interference Research Articles

Monitoring, governmental data access and the invocation of Article 8 ECHR by legal persons

ABSTRACT The European Convention on Human Rights (ECHR) grants the rights enshrined in Article 8 to ‘everyone’. The European Court of Human Rights (ECtHR) has interpreted legal persons as falling within the scope of ‘everyone’ in various judgments, primarily concerning governmental searches and seizures. With the rise of digital technology, corporations now hold vast amounts of personal data, creating growing pressure to disclose such data to governmental surveillance agencies. This article examines ECtHR case law and applies theories of legal personality to assess the extent to which legal persons may invoke Article 8 in cases of governmental interferences affecting associated natural persons' rights. After outlining the legal framework, the article applies it to two use cases: governmental control of fishing vessels to identify regulatory infringements and signal intelligence practices affecting legal persons operating telecommunication infrastructure. These examples illustrate two types of governmental interference; methods impacting natural persons through data held by legal persons and interferences directed at the legal person itself. The article seeks to clarify the scope of rights under Article 8 for legal persons. The question of whether such interferences are proportionate is beyond the article's scope and remains a topic for future research.

Tourism, Space and Agency: Unpacking Māori Guides’ Creation of “Imagined Whakarewarewa”

Abstract In the late nineteenth century, the highlight of many Europeans’ visit to New Zealand's ‘thermal wonderland’ was a guided tour of Whakarewarewa – the Māori village and adjoining thermal belt. From the outset, the villagers controlled tourism on their land. However, the settler government was also keen to control tourism in the region. This paper examines the villagers’ resistance to the government's attempts to take over. While initially able to mitigate governmental interference, once they lost ownership of the lucrative thermal belt to the Crown, their physical control over this land receded. However, tourist guiding provided village women with the opportunity to enact another form of agency: to retain control over how the land was (re)presented to others. Indeed, the guides created, controlled and shared their representation of Whakarewarewa with large numbers of tourists. Ignoring the government's imposed ‘legal’ boundaries, the guides incorporated ‘sights’ from both Te Arawa and Crown-owned land, thus constructing imagined Whakarewarewa as a single ‘place.’ While the historiography often focuses on tourism as a tool of colonisation, this paper demonstrates that through guiding the women of Whakarewarewa challenged the supposed substantive sovereignty of the Crown and undermined the cultural processes of colonisation.

Means of overcoming the consequences of government interference with the grammatical system of the Ukrainian language

Means of overcoming the consequences of government interference with the grammatical system of the Ukrainian language

Somalia’s Political Elite Settlement: The Role of the Parliament

The transitional Federal Government ended in 2012, and Somalia people expected that the political elite could reach a political agreement on the provisional federal constitutional review process, resource sharing, fiscal policy, universal suffrage, and the capital city’s status. Unfortunately, all efforts have ended unsuccessfully and hopelessly. However, significant impediments remain as a result of the lack of political settlement between the federal government (FGS) and the federal member states (FMS), resulting in a lack of means for resolving political impasses because the National Consultative Council’s decision does not include a vote if the political deadlock emerges, as well as the absent role of parliament due to government interference and intertwining members of parliament and the council of ministers. Since 1991, Somalia has witnessed a lack of political agreement that plunged the country into the worst civil war, and terrorism, that claimed thousands of Somalis’ lives and induced displacement and refugees. Twenty (20) reconciliations for the Somalia faction aimed to solve the deadly conflict and revive the state, have not been produced in good upshot due to the absence of a third-party guarantee of the agreement and a lack of political will. This research paper is going to shed light on the long-standing lack of political settlement among leaders of the federal government and federal member states (FMS) that has been undermining state-building, the fight against al-Shabaab, the federal constitutional review process, holding for a free and fair election, and economic growth since 2013. The paper investigates how the role of parliament could contribute to political settlement among the federal government and federal member states (FMS) and the main challenges that the National Consultative Council (NCC), which includes the leaders of the federal government of Somalia (FGS), and federal member states (FMS) have faced since 2013. The study used mixed methods by combining literature studies, including an academic papers and policy documents, and qualitative methods with face-to-face interviews with key informants, including high-ranking officials, politicians, civil society, academics, youth, and women.

“I think it gave me a little bit of mistrust”: exploring trust in COVID-19 science among college students

As the late teen and early adulthood years have been identified as a period in life where opinions regarding politics are formed, it is important to understand how the highly politicized science issue — the COVID-19 pandemic — may have influenced young adults’ trust in science and how they come to know the accuracy of science information. In order to explore these topics, this study employed a series of focus groups with college students (N = 22). Findings show that while focus group participants were largely trusting of science and science institutions, they were wary of government and politician interference in science and scientists who lack the integrity and benevolence to act in the best interests of the public.

Abstracting Injustice

In this paper, we explore how the neorepublican concepts of domination and antipower can contribute to the surveillance studies literature and a more democratic and participatory approach to technology development and deployment within the criminal justice system. We frame the neorepublican approach as an alternative to the predominant liberal paradigm, arguing that normative surveillance studies scholarship should emphasize the dominating potential of surveillance practices rather than merely trying to limit actual interference in peoples’ lives. To illustrate, we focus on the use of surveillance technologies that capture images of individuals within the US criminal justice system for recognition and/or identification. Facial or other biometric recognition technologies (FRTs) are increasingly built on artificial intelligence and machine learning algorithms (“AI”). Often seen as a faster, more accurate, and less labor-intensive alternatives to human cognition, AI-powered biometric and facial recognition and other image capture technologies have become widely used within public law enforcement agencies around the world. The deployment of these technologies within the US criminal justice system has produced significant forms of injustice, including faulty identification and the subsequent arrest, detention, and incarceration of innocent individuals. These forms of data injustice are often opaque, hidden behind secretive law enforcement practices or commercial secrecy agreements. We draw from neorepublican conceptions of domination and antipower to frame this legal and technological opacity as an abstraction of injustice. We argue that handing important criminal justice decision-making over to code and algorithms designed, owned, and maintained by private interests exacerbates the potential for the public deployment of unjust systems that subject individuals and communities to unwarranted, arbitrary, and uncontrolled state power. Such government interference represents clear forms of data injustice and domination.

Transformational Leadership in Higher Education: Empowering Africa's Future

Transformational leadership, focusing on vision, innovation, and empowerment, is gaining prominence in African higher education systems. As the continent navigates the challenges and opportunities of the 21st century, such as rapid technological advances, globalisation, and socio-economic inequalities, there is growing recognition that higher education institutions (HEIs) must play a pivotal role in preparing future leaders. Anchored on Kouze and Posner’s (2012) transformational leadership model, this paper explores the significance of transformational leadership in African higher education, examining how it can drive institutional change, enhance academic outcomes, and empower future generations. Through a review of existing literature, qualitative interviews with university leaders, and evidence-based case studies, the paper highlights critical principles of transformational leadership, its impact on African universities, and policy recommendations for its implementation. Although African higher education faces challenges such as resource constraints, political instability and government interference, brain drain, and equity, transformative leaders can mitigate these challenges by expanding digital learning and technological advancement, decolonising, and contextualising the curriculum, as well as facilitating global collaborations and partnerships. African governments must ensure that universities have the autonomy to implement innovative leadership strategies without undue political interference.

An Analytical Desk Review of the Implementation of Fiscal Decentralisation in Zambia: Challenges and Opportunities

Fiscal decentralization, coupled with effective intergovernmental fiscal relations, stands as a cornerstone in the evolution of modern governance structures. This paper analyzes the implementation of fiscal decentralisation in Zambia as part of its initiatives across diverse socio-economic and political contexts for accelerated national development. The review was guided by three objectives which were: to review the existing legislation that supports implementation of fiscal decentralisation in Zambia; to assess the revenue and expenditure autonomy assignments of fiscal decentralisation in Zambia; and to recommend a fiscal transfer system to be used to enhance the implementation of fiscal decentralisation in Zambia. The study is based on secondary data on fiscal decentralization collected in official sources of Zambia’s Ministry of Finance and National Planning, Ministry of Local Government and Rural Development, and Cabinet Office – Decentralization Secretariat. All the data was processed by and used in the right format for the analysis of implementation of fiscal decentralization in Zambia. Through a combination of qualitative and quantitative methodologies, this study analysed the real level of fiscal decentralization made in Zambia. Key findings of the study was that Zambia does not have an institution to supervise fiscal decentralization except a desk at Cabinet Office – Decentralization Secretariat. Besides, Local authorities have little autonomy in administering revenues and expenses as such, one of them requires approval by the Minister of Local Government and Rural Development. This hampers innovation around revenue generation as there is no known parameter used to grant or deny approval. Additionally, some of the aspects of the Zambia Intergovernmental Fiscal Architecture have not been implemented thereby depriving local authorities of revenue. These include Matching grants, revenue sharing of tolls and Road Transport and Safety Agency (RATSA) fees which are supposed to be shared between Central Government and local authorities as road maintenance is a concurrent mandate and revenue sharing for national income collected by Central Government from local authority jurisdictions. Finally, the connection between the level of fiscal decentralization and the scheme of intergovernmental fiscal relations is very important, to ensure maximum effectiveness of local government financing. The quality of the distribution of funds provided by the scheme of intergovernmental fiscal relations and the level of fiscal decentralization has a direct relationship. Balancing these two mechanisms is the most important way to increase the quality of public services at the local level as a way of enhancing the implementation of the fiscal decentralization. Arising from the study’s finding, there is need for amendment and harmonization of legislation governing the devolution process and procedures in order to empower the designate entities to carry out their mandate without unnecessary cob-webs. The local authorities also need autonomy on revenue mobilization and expenditure which are devoid of central government interference and/or rent-seeking pursuits. Furthermore, there is need to balance the level of fiscal decentralization and the scheme of intergovernmental fiscal relations in order to improve the quality of funds distributed and the effectiveness and efficiency in local government financing.

ФОРМИРОВАНИЕ ПЕРСПЕКТИВНЫХ НАПРАВЛЕНИЙ СОВЕРШЕНСТВОВА-НИЯ СИСТЕМЫ ОРГАНИЗАЦИИ ФИНАНСОВОГО МОНИТОРИНГА В КРЕДИТНЫХ ОРГАНИЗАЦИЯХ

In the modern world, permeated by com-plex economic ties and the rapid develop-ment of technology, the problem of money laundering and terrorist financing (hereinaf-ter referred to as ML/FT) is becoming in-creasingly threatening. The state is faced with the urgent task of developing effective mechanisms to counter these negative phenomena, while it is extremely important to find a balance between ensuring securi-ties and preserving the economic freedom of citizens. On the one hand, the fight against ML/FT requires the creation of bangs and an effective system of govern-ment regulation. On the other hand, exces-sive tightening of control and excessive government interference in economic activi-ty can lead to an increase in the administra-tive burden on business, a decrease in the country's investment attractiveness, re-striction of freedom of entrepreneurship and even an increase in the shadow sector of the economy. The complexity of the task is aggravated by a number of factors, among which are the globalization and digitalization of the finan-cial system, the growth of transnational crime, and the lack of effectiveness of in-ternational cooperation. At the same time, given that most of the crimes under ML/FT occur with the active participation of credit and financial institutions, the main direction of countering emerging trends is the organ-ization of financial monitoring in banks.

Assessment of dispute causes in government building maintenance projects through adjusted importance rating and risk mapping

Despite the reliance of Saudi Arabian government facilities on private contractors for maintenance, there is a persistent rise in disputes between these contractors and government entities. This ongoing issue raises concerns about the efficiency and effectiveness of contract management, ultimately affecting the quality of maintenance services and operational continuity. This study investigates the primary causes of disputes in government building maintenance projects, using both the Frequency Adjusted Importance Index (FAII) and risk mapping methods to analyze and prioritize the causes. A literature review and a designed questionnaire survey were employed to rank dispute causes. Thirty-six responses were analyzed. Cronbach's alpha and coefficient of variation were utilized to assess the collected data's validity and reliability. Three case studies then were utilized as a validation tool, compared against the findings of the survey to integrate practical insights with the theoretical results from the survey. The findings reveal that issues such as (1) the lack of original as-built drawings, (2) constant government interference, (3) delays in decision-making, (4) poorly defined scope of work, and (5) mistakes in bidding or cost estimation are the most critical causes of disputes in these projects. Cross-method validation with real-world case studies further strengthens the reliability of these findings, as these top-ranked causes consistently align with issues encountered in practice. The findings of this study could assist local authorities adopt alternative approaches in managing and executing maintenance contracts, thereby mitigating the causes of disputes.

Why the Construction Trades Have a Valuable Role in Meeting the Climate Challenge

The construction industry accounts for 18 per cent of Canada’s greenhouse gas emissions. There is extensive evidence that this can be reduced significantly by implementing aggressive net zero building practices. However, the way the industry is organized impedes this achievement because it fails to promote the development of a broadly based, highly qualified, climate-literate workforce. Successful low carbon construction requires enhancement of workers’ knowledge, skills, and competencies because it requires much higher energy performance standards than traditional construction practice. Yet the industry remains wedded to the current system of low-bid, low-quality construction to cut costs. The organization of much construction work reflects a Taylorist approach, with extensive piecework and subcontracting that relies heavily on precarious, unskilled, and semi-skilled workers. Most employers avoid investing in trades training, leaving it to governments, unions, and individual workers to fund workforce development. Committed to a deregulated market with minimal government interference in their profit-making activities, many contractors oppose tougher building and energy regulations while lobbying against higher labour standards, occupational certification requirements, and union organizing. To meet their net zero targets, governments must recognize that market forces are inadequate to create the well-trained, highly skilled workforce needed. Major policy interventions are required to force industry to make the necessary changes in vocational education and training (vet) and employment practices – changes designed to upskill the construction workforce and give workers and unions a greater voice in shaping climate-informed building practice.

Streetcars: A Comparative Study between Elia Kazan’s A Streetcar Named Desire (1951) and Its Various Adaptations by Egyptian Cinema

Abstract This paper probes into the issue of censorship in Egyptian cinema compared to Hollywood during the second half of the twentieth century. It discusses Egyptian censorship regulations and governmental interference in the film industry and their impact on film reception. Conducted over six months, this research specifically investigates three Egyptian film adaptations of Tennessee Williams’s A Streetcar Named Desire (1951), which are Inhiraf (Aberration) (1985), Alfarisa (Prey) (1986) and Al-Raghba (Desire) (2002). These adaptations are scrutinized through the lens of the Egyptian censorship code and the way these film adaptations may have promoted an Americanization of Arab culture is examined.

MODELS OF LEGAL REGULATION OF DATA PROTECTION IN CANADA AND THE USA

The article analyzes the models of legal regulation of personal data protection that have developed in the USA and Canada. The subject of the study is a comparative analysis of the legislative aspects of personal data protection in American and Canadian law. The main difference in the purpose of legal regulation is highlighted: in the United States, personal data protection is aimed at protecting a citizen from government interference, while in Canada, data protection is focused on individual autonomy through the control of personal data by the subject of such data himself. The article concludes that it is possible to use the American approach to the legal regulation of the use of personal data placed in the public domain in information and telecommunications networks.

The necessity analysis of accurate news reporting as a public good funded by taxation

Accurate news reporting is very critical to people. However, due to the non-competitive and non-exclusive nature of news products, the price individuals are willing to pay for news is often very low, thus weakening the profit incentive for the media to produce accurate news, namely the market failure. Government funding for media is a viable solution. And it has many benefits. For example, it ensures the adequate supply and sufficient accuracy of news reports. The potential risk of excessive government interference in media coverage can be reduced through public scrutiny, which is analyzed by game theory in the essay.

Catalysing Action and Transdisciplinary Pathways towards Sustainable Transitions

Prelude – Special Issue Motivation The year 2023 marked the 300th anniversary of the birth of Adam Smith, the Scottish economist whose work has impacted how we think about economic principles and the dynamics implied in politics, business, and society. Known for his seminal work “The Wealth of Nations” published in 1776, Smith argued for an economic system with little unnecessary government interference. A model built on the division of labor, guided by an ‘invisible hand’, is part of the argument for free markets directed through price mechanisms and the moral conscience of self-interested people to achieve outcomes that benefit society (Stevens, 2023). Smith’s intention to articulate a liberal economic model that prioritized contributing positively to society's welfare1 however, stands in contrast to 20th-century business doctrine, which asserted that ‘their sole social responsibility was to generate as much profit as possible for their stockholders’ (Friedman, 1962, p. 133). (Continues, please read PDF)

Delays Factors for Construction Projects in South of Iraq

This study seeks to identify and categorize the factors responsible for delays in construction projects in southern Iraq. Using a sequential research approach that includes a literature review, interviews, and surveys, data were collected from 115 industry professionals, including clients, consultants, project managers, contractors, and engineers. The analysis utilized both descriptive and conclusive statistical methods, with a specific emphasis on the Spearman rank correlation coefficient to verify the reliability of the delay factor rankings. The research identified 45 major delay factors, with the most critical being global and local economic crises, bureaucracy and corruption, public holidays, delays in securing municipal permits, and frequent change orders initiated by clients. These factors were further classified into eight categories: inaccuracies in the tendering process, technical performance management, government interference, rework in construction practices, among others. The results indicate strong consensus among the different respondent groups regarding the main causes of project delays, as demonstrated by high correlation coefficients and a Chi-squared test confirming the agreement's significance. The findings provide valuable insights for practical applications and academic research, supporting the selection of project leaders, anticipating potential delays, and improving project management practices in Iraq. The study suggests future research should focus on strategic economic planning, exploring alternative funding sources, combating corruption, and implementing regulatory reforms to address the identified delay factors.

Influence of Gratification on Political Reporting in Nigeria (A Case Study of Magic FM, Aba, Abia State, Nigeria)

This research study aims to examine the impact of gratification on political relationships in Nigeria. The Nigerian media system is characterized by a high level of government interference and limited freedom of expression. It is therefore relevant to examine the extent to which gratification shapes the political reporting of Nigerian journalists. The study employed a mixed research method involving the use of semi-structured interviews and content analysis of news articles. A purposive sampling technique was used to select 50 journalists covering political news in Nigeria. The interviews were conducted to discover the underlying reasons that influence their decision-making process in covering political news. Content analysis was used to examine the content of political articles to determine the extent to which it is influenced by satisfaction. The findings revealed that satisfaction plays an important role in how journalists cover politics in Nigeria. Journalists received gifts, favors and money in exchange for favorable political news coverage. These rewards have affected his objectivity, professionalism and credibility. Furthermore, the results revealed that government officials are the most important source of rewards that journalists receive. Content analysis revealed that reporting on political news in Nigeria was biased, unprofessional and lacked objectivity. The reports were often biased towards the interests of government officials who liked the reporters. The results also showed that the most publicized political issues in Nigeria were those favoring government officials. Implications of the study suggest that satisfaction should be addressed to improve the quality of political reporting in Nigeria. It is recommended that media organizations regularly provide training and education to journalists on ethics, professionalism and objectivity. In addition, the government should enforce laws that criminalize gratification, and journalists should be encouraged to report any acts of gratification. This study provides insight into the impact of satisfaction on political journalism in Nigeria. The findings suggest that satisfaction is an important factor influencing the objectivity, professionalism and credibility of political reporting in Nigeria. The implications of this study are expected to help improve the quality of political reporting in Nigeria and increase public confidence in the work of Nigerian journalists.

The Establishment of the Great Central Gas Consumers’ Company in Mid-Nineteenth-Century London

The Great Central Gas Consumers’ Company (GCGCC) was established by the metropolitan middle class to address the detrimental effects of gas industry monopoly through the promotion of market competition. It revealed that the middle class staunchly advocated for the use of liberalism to safeguard their own rights and interests, coinciding with Britain’s wider acceptance of liberalism and echoing the clarion call of the era of liberalism. Government engagement and interference in the formation of the GCGCC, as well as the ensuing disputation around it, could be seen as a manifestation of the principle of liberalism rather than a violation thereof. It reflected that liberalism was neither the absence of government nor total laissez-faire. The fact that the old gas companies adjusted their positions and compromised in favour of liberal principles demonstrated the more flexible response mechanisms of the modern industrial system to industrial and social problems, as well as the significant influence of liberalism on the development of the British industrial sector and society as a whole.

Conflict among the National Union of Road Transport Workers in Akure, Nigeria: causes, consequences and management strategies

This study examined the causes, consequences, and strategies for managing organizational conflict among the National Union of Road Transport Workers (NURTW) in Akure, Nigeria, to achieve sustainable peace and harmonious relationships among union members, and actualize better transport service delivery to the larger society. A survey design was adopted to elicit primary data through questionnaires and in-depth interviews with NURTW members. Desk research was also used to gather relevant information from the literature. Hundred (100) questionnaires were purposively and randomly administered to commercial drivers who are members of the National Union of Road Transport Workers in Akure. The survey was done across three major parks in Akure: Cathedral Park, Ondo Road Park and Benin Garage Park. They were selected because they are mostly dominated by the members of NURTW, and mostly patronized by passengers. The data collected were analyzed using simple descriptive and inferential statistics; in the form of frequencies, percentages, bar charts, and logistic regression. The study found that most of the NURTW members were males, and were majorly in the economic productive year between the ages of 35 and 45. Findings further revealed that government or political interference is a major cause of conflict among NURTW members. The aftermath of conflict among the union usually resulted in disruptions of the union activities and destruction of lives and properties. The bargaining approach in managing conflict is the most effective strategy for addressing conflict among NURTW members in Akure, Nigeria.

Heterogeneous political connections and corporate overinvestment: evidence from Malaysian firms

PurposeThis paper examines the relationship between heterogeneous political connections and corporate overinvestment.Design/methodology/approachBased on a comprehensive Malaysian dataset of 834 publicly listed companies from 2000 to 2022, the authors employed multivariate ordinary least squares regression to test the relationship.FindingsDespite different types of political connections, the findings demonstrate a positive relationship between political connections and corporate overinvestment. In particular, the association is more profound in government-linked companies (GLCs) but weaker in firms that developed political ties through family members of ruling elites. Further analysis reveals that the “helping hand” effect is only observed in GLCs and firms with politically connected directors and businessmen, whereas the “grabbing hand” effect is observed among firms connected through board, businessmen, and family ties. Moreover, the relationship is more persistent among firms with politically connected directors and businessmen around the regime change.Research limitations/implicationsRegardless of the types of political connections, the findings show that politically connected firms tend to engage in rent-seeking through political patronage networks and high levels of government interference in resource allocation. Therefore, a more sophisticated monitoring system should be developed within the political patronage networks to reduce the likelihood of different types of political-business collusion. In terms of research limitations, the research design does not consider the influence of financial constraints and management efficiency. Future research could explore these facets to comprehensively understand the dynamics between political connections and corporate investment decisions.Practical implicationsThe evidence informs market participants about the relationship between heterogeneous political connections and corporate overinvestment, reinforcing previous findings that crony capitalism, political patronage, agency problems, and weak governance are well-entrenched in Malaysia’s emerging economy. The government should acknowledge these concerns by enacting anti-corruption campaigns and promoting a fair business environment. In the meantime, policymakers might redesign regulations and revise corporate governance frameworks to substantially reduce the value of political connections, thereby diminishing the bargaining power of politicians.Social implicationsAs corporate investment efficiency has a considerable impact on firm value, investment decisions that enhance firm value will increase share price and maximise shareholder value. Conversely, firms may damage shareholder value if they overinvest or undertake projects that do not yield sufficient. Hence, the findings of this study may assist investors in making more informed judgements, particularly by understanding different types of business-government relations, as political connections are one of the determinants of corporate overinvestment.Originality/valueThis study reveals that the degree to which overinvestment issues manifest within firms is influenced by the nature of the political connections those firms possess. This indicates that politically connected firms should not be regarded as a homogenous group of firms.