Model Code Of Conduct Research Articles

Regulating the Electoral Domain: The Election Commission of India

The Election Commission of India (ECI) is generally seen as a regulatory body with the power to enforce rules for the efficient conduct of elections. The ECI performs a range of overlapping functions, not all of which are regulatory. The ECI has been actively engaged in framing rules that constitute both the procedural and substantive aspects of electoral democracy in India. Following successive court decisions, Article 324 has become a ‘reservoir of powers’ giving the ECI scope for the exercise of residuary powers in a variety of situations. The ‘legal doctrine of electoral exceptionalism’ during election time has made itself manifest in the Model Code of Conduct. Innovations in ‘voter education and awareness’, which are often seen through the lens of electoral ‘management’ and the framework of ‘electoral integrity’, have become part of the deliberative content of election alongside the quest for ‘procedural certainty’ and ‘democratic outcomes’.

Appendix I - A Proposed Model Code of Conduct for Mediators

The Proposed Model Code of Conduct for Mediators is based on a comprehensive theory of mediators’ ethics discussed, explained, and justified in A Theory of Mediators' Ethics. The theory presents the ethical norms that apply to all mediators in Anglo-American societies, and the Proposed Code sums up the minimum requirements applicable to them. The Proposed Code may be useful first and foremost to mediators who are not subject to a formal code of conduct and need guidance. As for mediators, mediator organizations, legislators, and scholars who think otherwise and adopt or advocate norms that differ from the Proposed Code, the Code and the Theory of Mediators' Ethics would be useful in two ways. First, the Proposed Code would provide them with resources for thinking critically about their decision, and challenge them to justify their decision on the basis of a competing theory of mediators’ ethics. And second, as codes of conduct for mediators are often vague, abstract, and have gaps, the Proposed Code may be useful for complementing existing codes by offering tools for interpreting such codes in a manner consistent as far as possible with the Proposed Code and for filling in lacunae in codes in light of the Proposed Code (pp. 121-122).

Between Moral Force and Supplementary Legality: A Model Code of Conduct and the Election Commission of India

Abstract The Model Code of Conduct framed in 1968 by the Election Commission in consultation with political parties and intended for voluntarily adherence, was the consummation of a progressively widening consensus over certain norms that were first drawn up by the government of Kerala before the general elections of 1960. The acceptance of the Model Code by all political parties appears therefore to be a manifestation of a “voluntary act of political morality and collective ethics.” This article examines the contexts and modalities through which the Model Code of Conduct has emerged as an integral aspect of conducting fair and free elections. Through a study of specific cases, and by tracing the historical trajectory of the Model Code, the article dwells both at the disputes over its interpretation and implementation, and the manner in which it enhances the disciplinary powers of the Election Commission during the “special time” which obtain during “electoral trials.” Despite the fact that technically th...

Notes on the International Court of Justice (Part 2): Reform Proposals Regarding the International Court of Justice--A Preliminary Report for the International Law Association Study Group on United Nations Reform

Written for the International Law Association Study Group on UN Reform, this Preliminary Report reviews the more significant reform proposals regarding the International Court of Justice (ICJ) and makes some suggestions for further consideration such as the appropriateness of an ICJ Bar and a Model Code of Conduct for practice before the ICJ, the role of the ICJ and its heavy caseload, and possible coalitions to promote the ICJ.

The Myspace-Ag Agreement: A Model Code of Conduct for Social Networking?

The agreement between MySpace and 49 state Attorney Generals, which contains several Principles of Social Networking, is a major step forward for online safety. Specifically, these involve technical tools, educational efforts, improved law enforcement cooperation, and the creation of an Internet Safety Technical Task Force. Indeed, many of the principles in the agreement could form a potential model code of conduct that other social networking sites could adopt.However, some initiatives of concern include the proposed child e-mail registry, where parents would submit addresses that would subsequently be barred from opening a MySpace account, raising questions regarding privacy and security. The registry could also be easily circumvented by simply acquiring an alternate e-mail address. The proposed Task Force must not be a rubber stamp for age verification mandates, as some AGs seemed to imply. Age verification is a complicated technical issue, and it also has profound implications for privacy and freedom of speech.While the actions taken by MySpace and the Attorneys General to promote online safety do much to subdue the concerns of parents and policymakers, parents need to both monitor their children's activities online and use the many technical and educational tools now at their disposal. If for whatever reason, parents are not taking advantage of these tools and options, their inaction should not be used to justify government regulation as a surrogate for household choice / parental responsibility.

Setting standards for DNA banks: toward a model code of conduct.

As genomic research proliferates, DNA banking will become more common. In research, samples will be banked largely in an effort to find and clone genes that predispose to disease. Commercially oriented banks, those that offer services to families, may also become more common. These entities will hold sensitive information. DNA banking is not yet regulated. We argue here that new laws are not needed at this time to regulate DNA banking. We suggest an approach that relies on a professional code of conduct and draws on principles of disclosure inherent to the process used in obtaining informed consent. In addition to suggesting 12 specific recommendations for the code of conduct, we suggest that items should be included in depositor's agreements. We offer a rationale for our suggestions.