Procedural Flaws Research Articles

Harmonizing Hope: The Urgency of a Uniform Adoption Law in Bangladesh

Bangladesh has established itself as a secular nation with the objective of promoting and safeguarding human rights and equality. Nevertheless, even after half a century after gaining independence, some significant matters concerning personal laws remain antiquated. Although personal laws and usages were codified under the British era, a significant portion of them have not been amended by legislation. Neither under the Pakistani administration nor after the independence of Bangladesh in 1971, did anybody undertake the responsibility of amending the outdated personal laws via legislation. The topic of adoption remains outmoded and discriminatory, posing possible dangers for children who need a stable home. In Bangladesh, the process of adoption is regulated by a collection of laws that result in inconsistencies, uncertainty, and procedural flaws when attempting to pursue adoption. The current diversity in the legal framework also results in prejudice when it comes to adoption by individuals from various cultures. An adoption legislation that applies uniformly is necessary to alleviate the hardships faced by many abandoned, impoverished, and parentless children in our nation. This essay examines the need of implementing a consistent adoption legislation in Bangladesh. This study examines the current laws and practices around adoption in order to identify any deficiencies in the legal framework. This essay seeks to demonstrate the need of a thorough legal framework that can provide clear guidelines, guarantee openness in procedures, and prioritize the well-being of children, all of which are crucial for fostering a unified society. This article proposes a comprehensive adoption legislation that encompasses both national and international adoption rules. It argues that such a law may contribute to social development and serve as a means to improve the welfare of disadvantaged children.

Procedural Flaw and its Impact on Nullity of Jordanian Procedure

Background & Statement of the problem: The field of sign language interpretation for the deaf is considered one of the most ambiguous fields due to the lack of studies and the limited complete descriptive information. Objectives: The aim of the research is to identify the level of burnout among sign language interpreters in Jordan and its relationship to self-concept and experience. Methods: The descriptive correlative approach was adopted, and after applying the tools and collecting information, the Maslash scale was used to measure the level of burnout, and the Tennessee scale to measure the level of self-concept, theThe appropriate statistical methods were used. Results: the following results were reached: 1- The level of total burnout was at an average level. 2- The level of the total self-concept was at a high level. 3- There are statistically significant differences for the level of burnout according to the variable number of years of experience, as burnout increases with the advancement of experience. 4- There is a negative inverse relationship with statistical significance between the total burnout and the total self-concept, as the self-concept declines with the increase in the level of burnout. Conclusions (Recommendations and contributions): The research recommended conducting qualitative studies of the psychological burnout variable, working on developing the sign language interpreter professionally and socially, conducting training and qualifying courses for sign language interpreters in Jordan on a regular basis, and providing the material and moral reward for the sign language interpreters.

Retrospect and prospect: Public participation in environmental impact assessment in China

With an attempt to improve transparency and public participation, EIA in China has undergone years of institutional construction and practical application. It provides an essential and significant approach for the public to be involved in the process of concretely shaping the meaning of sustainable development in China and making specific development decisions. This article therefore provides an overview of the legal regime of public participation in environmental impact assessment (EIA) in China, evaluates relevant practical experiences, identifies the pros and cons, and sheds light on the prospects for future reforms. Legal doctrinal methodologies are mainly applied in this research. It is observed that the recent EIA legislative reforms in China reflect a tendency towards enhanced public participation for projects that could have a significant environmental impact and a reduction of the unnecessary burden on developers to seek public opinion for projects that only could have a mild or little environmental impact. Regarding the development of statutory laws, the screening of projects is crucial to attaining a balance between scientific and social rationality and integrating environmental protection with economic and social development needs. It is generally commendable for projects that are less controversial to pass the EIA procedure more efficiently, while further participation opportunities are also provided to the public in cases of controversial projects. By highlighting the right to participate of the public that may be affected, the chances of NGOs to participate could be reduced. A detailed discussion is then made from a judicial perspective to provide a practical understanding on how the statutory laws are applied in concrete actual cases in China. The following key questions are answered: the extent of procedural flaws in public participation that could lead to a withdrawal of the EIA decision; the application of administrative licence rules on public participation in EIA; the prospect of public interest litigation on public participation in EIA. Notably, the public interest and minor breaches of the law have been used as reasons to refrain from withdrawing an EIA decision with procedural flaws. Nonetheless, the exceptions should be applied with caution. The strictest and most powerful provision regarding public participation at the approval stage of EIA is the administrative licence rules on the right to a hearing. However, the application of public hearings on projects with a mild environmental impact is excessive. Compared to public interest litigation, traditional judicial review based on individual procedural rights is more reliable and prudent in promoting progressive changes. The finds of this article could greatly contribute to academic discussion on public participation in EIA in China and provide valuable Chinese experiences and lessons for comparative studies.

Hybrid Artificial Intelligence-Based Models for Prediction of Death Rate in India Due to COVID-19 Transmission

COVID-19 prediction models are highly welcome and necessary for authorities to make informed decisions. Traditional models, which were used in the past, were unable to reliably estimate death rates due to procedural flaws. The genetic algorithm in association with an artificial neural network (GA-ANN) is one of the suitable blended AI strategies that can foretell more correctly by resolving this difficult COVID-19 phenomena. The genetic algorithm is used to simultaneously optimise all of the ANN parameters. In this work, GA-ANN and ANN models were performed by applying historical daily data from sick, recovered, and dead people in India. The performance of the designed hybrid GA-ANN model is validated by comparing it to the standard ANN and MLR approach. It was determined that the GA-ANN model outperformed the ANN model. When compared to previous examined models for predicting mortality rates in India, the hypothesized hybrid GA-ANN model is the most competent. This hybrid AI (GA-ANN) model is suggested for the prediction due to reasonably better performance and ease of implementation.

대통령의 법률안거부권 행사 정당화 사유에 관한 헌법학적 일고찰: 새로운 유형의 ‘입법절차상 중대한 하자’ 출현의 대응을 중심으로

제20대 국회기 부터 현재까지 국회입법과정에서 개별 국회의원들의 ‘숙의’를 몰각시키기 위한 새로운 창조적 유형의 수단들이 등장했다. 회기를 쪼개고 위장탈당을 감행하며 패스트트랙에 태운 법률안을 본회의에 상정한 후 원안을 폐기하고 다수당 당론을 수정안으로 채택하면 된다. 그들은 그것이 민주주의라 웅변한다. 다수당의 당론이 ‘국회 본회의 통과’라는 이름으로 공익을 참칭하고 있다.BR 국회 다수당이 자신의 뜻대로 법률안을 통과시키기 위한 가장 쉬운 방법은 법률안에 대한 개별 국회의원들의 선호가 형성되거나 변경될 시간을 주지 않고 곧바로 본회의에서 다수결로 처리하는 것이다. 이렇게 본회의를 통과한 법률안에는 숙의를 통해 발견되거나 결정되는 국가이익이나 공공의 이익이 설 자리는 없다. ‘입법절차상 중대한 하자’도 그들에게 중요하지 않다. 그 법률안이 법률이 되어 전 국민에게 피해를 주더라도 헌법재판소의 사후적 결정이 있기 전까지는 책임이 없다.BR 비교법적으로 고찰해 봐도 대통령의 법률안거부권 행사 정당화 사유를 정한 헌법은 존재하지 않고 학자들의 해석에 의존하고 있다. 그간 국내학계에서는 총 6개의 사유 즉, 법률안이 헌법에 위반되거나, 집행이 불가능하거나, 국익에 반하거나, 정부에 부당한 압력을 가하거나, 예산이나 재정적 문제가 있거나, 대통령의 정책에 반하는 법률안의 경우 대통령이 법률안거부권을 행사할 수 있다고 보고 있다. 6개의 사유에 대통령의 법률안 거부권 행사 정당화 사유에 국회의원의 숙의를 배제하거나 몰각시키는 ‘입법절차상 중대한 하자’를 정당화 사유로 추가하여 대통령이 법률안거부권을 적극적으로 행사할 수 있다면 위헌․위법한 법률의 시행을 사전에 막을 수 있다.BR 대통령은 국회 입법과정에서 ‘숙의’를 배제 혹은 몰각시키는 이른바 회기 쪼개기, 강제 사·보임를 통한 의장의 심사기일 지정과 동일한 효과를 내는 안건의 신속처리 지정과 이후 과도한 본회의 수정안의 남용, 위장탈당을 통한 여야동수 안건조정위원회 무력화 등 제20대 국회기부터 등장한 새로운 유형의 ‘입법절차상의 중대한 하자’에 대하여 보다 적극적으로 법률안거부권을 행사해야 한다. 이것만이 위헌, 위법한 행위로 국회를 통과한 법률안을 법률의 공포․시행 이전에 막을 수 있는 현행 헌법이 예정한 유일한 헌법적 장치이다.BR 대통령은 국회 입법과정에서 나타나고 있는 새로운 형태로 숙의를 몰각시키는 ‘입법절차상 중대한 하자’를 지닌 법률안에 대하여 보다 적극적으로 법률안거부권을 행사하여야 한다.

The Death Knell and the Wild West: Two Dangers of Domestic Discovery in Foreign Adjudications

Under 28 U.S.C. § 1782(a), parties to foreign legal proceedings can obtain discovery orders from United States federal courts. In other words, if a foreign party needs physical evidence located in—or testimony from a person residing in—the United States to support their claim or defense, they can ask a district court to order the production of that evidence. For almost two decades, § 1782(a) practice has operated as a procedural Wild West. Judges routinely consider § 1782(a) applications ex parte—that is, without giving the parties subject to the resulting discovery orders a chance to oppose them—and grant those applications at a staggering rate: more than 90% of the time. In its June 2022 decision in ZF Automotive US, Inc. v. Luxshare, Ltd., the Supreme Court transformed § 1782 jurisprudence for the worse. The Court held that private arbitral tribunals do not fall under § 1782(a)’s scope and that, as a result, parties cannot obtain discovery for use in foreign private arbitration under the provision. This Note argues that, after ZF Automotive, § 1782(a) jurisprudence contains two dangers: (1) it subjects some parties to burdensome discovery orders with few procedural safeguards, and (2) it prevents parties who have chosen to arbitrate rather than litigate from obtaining discovery entirely. This Note contributes to existing scholarship by proposing structural changes that would improve § 1782(a) practice. Specifically, it argues that courts cannot root out the procedural flaws that plague § 1782(a), and that, consequently, Congress should enact a new and improved § 1782 to address these manifold problems.

COMPULSORY LICENSES AGAINST PATENTED MEDICINES UNDER TRIPS: A CASE STUDY OF PAKISTAN IN COMPARISON OF OTHER COUNTRIES

Pakistan is a poor country where poverty stands at 78.4% when World Bank utilized the upper middle income rate ($5.5 per day) translating 179 million people. How such people can afford expensive medicines when they are even not able to feed themselves for satisfying their hunger. On the other hand, the prices of medicines have risen 80% in last four years. Such unjustified price hike is caused by many factors including taking benefits of loopholes in policies, regulatory failures and most importantly remaining silent spectator. Government of Pakistan can play a vibrant role by invoking such permissible options under the national as well as international law. Apart from all other regulatory and procedural flaws, granting of frequent patents against pharmaceutical products also a main reason in price hiking. A state can put barriers against unqualified rights of patent holders by invoking TRIPS Flexibilities like issuing of compulsory licensing on its own terms for meeting medical emergencies. When covid-19 hit the world we witnessed various such emergency responds from the world which will be discussed in this article and what role Pakistan should have been played like other countries. This article special focuses on compulsory licensing under the TRIPS with respect to Pakistan. How it can be issued and what benefits it imparts in the way of access to medicines.

Procedural Flaws of Shareholders’ Resolutions – a Comparative Approach

The paper discusses legal consequences of violations of law which may occur in the course of passing resolutions by shareholders or when convening the meeting. Such violations take the form of procedural infringements, as opposed to material defects which concern the subject matter of the resolution. Several jurisdictions were taken into account in order to demonstrate that illegality of the procedure does not need to imply nullity of resolutions. There are various instruments which, despite illegality, are intended to preserve the resolution. This is all about the balance of preferences: in company law there are definitely situations where legality should be less valued than stability and certainty.

Article: A Wolf in Sheep’s Clothing: Overlooked Procedural Deficiencies in ICSID’s Annulment Structure

i style=""Over the past several decades, the International Centre for the Settlement of Investment Disputes’ annulment procedure has proved an object of consternation for states and investors alike. The substantive principles of Article 52 of the ICSID Convention are commonly criticized as either too expansive or too narrow. The author contends that this criticism is misplaced, however, and that it is procedural deficiencies which will plague ICSID’s annulment proceedings in this time of broad investor-state dispute reform. Overconcentration of annulment committee appointment and challenge power in the hands of the Chairman of the ICSID Committee and ICSID Secretariat, compounded by continued problems of ‘double-hatting’ at the annulment level, threaten the due process rights and autonomy of parties to ICSID annulments. The author proposes a feasible restructuring of annulment appointment and challenge procedure under the ICSID Arbitration Rules as a potential rectification of these procedural flaws, including a dispersal of appointment power, a new pool system for annulment panel members, and the creation of an independent review body to consider challenges to annulment panel members.

The misuse of the legislative process as part of the illiberal toolkit. The case of Hungary

ABSTRACT The Fidesz-KDNP coalition parties were voted into office in 2010 with a two-thirds majority in the unicameral National Assembly, which gave them significant leeway to implement their political agenda smoothly. Nevertheless, the governing coalition, driven by revolutionary zeal, was determined to put in place major legislative reforms as quickly as possible in the face of every opposition. This attitude led to the instrumentalization of parliamentary legislation which manifested itself in an increasing number of serious irregularities of the legislative process. This article argues that the procedural flaws of parliamentary law-making constitute an infringement of the rule of law principle as it is interpreted in the Council of Europe and the European Union. In order to show that the situation is much more serious in Hungary than the criticisms voiced by the European rule of law mechanisms suggest, we analyze all the constitutional review cases in which legislative acts were challenged on procedural grounds after 2010. Finally, we discuss the outcome of the cases adjudicated by the Hungarian Constitutional Court to see which irregularities were found unconstitutional.

Administrative and Financial Management Audit in an International Hospital

The non-profit sector, public or private, has been an area of reflection increasingly explored by economists and managers in recent decades. This is the case of hospitals or hospital organizations. Very often, the management bodies of these organizations do not have rigorous and standard-compliant managerial methods and procedures that comply with standards, which would allow them to guide their management. This taking into account the very nature of the main activity which is to provide care services (a very sensitive area), or even the very status of the establishment itself. Increasingly, there is a tendency to transpose the management rules and instruments applied to private companies, hence the need for this preliminary exercise, which is essential and takes its essence from the new management techniques, namely the audit of the hospital management system. In order to ensure the existence and application of a body of management standards, rules and management procedures adapted to the very nature and objectives of hospitals as well as the actual behavior of their staff, it is necessary to go through a functional/organizational hospital audit. This analytical effort very often aimed at accreditation by health authorities, is presented in this study, specifically with regard to the Human Resources and Management Accounting departments of the Administration function of the Sheikh Khalifa International University Hospital in Casablanca, Morocco. As hospital accreditation is now an international process, the methods are based on the existence of international scientific literature and on global agencies such as ISQua and the International Organization for Standardization (ISO). Insofar as methodological precautions have been taken in their development, it is nevertheless recommended to use the results and recommendations of this study with caution and, if necessary, to compare them with the experience of professionals in the field. By bringing a fresh and external viewpoint, this type of exercise gives an account of our professional thesis experience inspired by the pragmatist methodology and contributes to revealing procedural flaws that seem trivial but nevertheless no less problematic.

Authoritarianism in Asia and the effects on trade union rights

10 | International Union Rights | 27/4 FOCUS | TRADE UNION RIGHTS IN ASIA Authoritarianism in Asia and the effects on trade union rights The COVID-19 pandemic has created greater inequality and divisions between the capitalist and working classes globally. In the context of Asia, workers have been devastated by job loss, order cuts, and rigid and punitive lockdown measures, catalysing workers’ struggles throughout the region. Trade unions have ramped up their efforts to organise battered workforces, respond to the surge of labour rights violations, hold overseas buyers accountable, and in many cases fill the role of the state (and employers) by providing relief to destitute workers. At the same time, trade unions are facing the expansion of state power that comes with repression of the labour movement, deregulation of labour laws, and undermining basic labour and human rights amid the pandemic. The struggle from above has taken the form of the consolidation of state central authority that began with measures such as lockdowns, border closures, curfews, and declared states of emergencies in the name of public health. In other words, militarisation in place of spending on actual public health measures such as free testing and sufficient relief that would make it possible for people to stay in their homes. At the same time, using economic downturn as an excuse, states have collaborated with industry and elites by imposing anti-worker austerity budgets and deregulation of labour laws. Recent attacks against worker and trade union rights are part and parcel of the minefield of anti-worker legislation that is sure to cause further job losses, increased informalisation, and worsening working conditions, setting the labour movement back decades. Major anti-worker and anti-union state interventions have triggered massive pushback from the labour movement and civil society. In the following, we will illustrate two notable examples: the Omnibus Law in Indonesia and the new Labour Codes in India, and their discontents. Indonesia’s Omnibus Law On 3 November 2020, Indonesian President Joko ‘Jokowi’ Widodo signed a controversial bill, the ‘Omnibus Bill on Job Creation’ into law. It amends 81 existing laws related to research and innovation, supporting investment, mining regulation, environmental protection, economic zones, empowerment of small business, land procurement, and labour. Many labour unions, academics, and civil society groups have noted the many procedural flaws in the Bill1. It has been described as ‘the worst’ law to pass since the fall of the authoritarian regime in 19982. The deliberation process was marked by a lack of transparency and public participation. The draft Bill was not circulated to the public, nor made available from official sources. The Omnibus Law also gives more power to the central government, creating a roadblock to the country’s process of democratisation and decentralisation. According to one Indonesian journalist, ‘the 1945 constitution sets the parliament as the supreme authority, but the Bill would effectively give the executive near-absolute power. The president would have absolute executive and legislative power’3. Greater labour market flexibility on the horizon Jokowi and his ministers argued that the Bill was badly needed at a time of economic crisis, slumping growth, and increased unemployment, asserting that it would remove red tape, promote investment, and create more jobs. They also promised that it would protect workers, especially contract workers, by requiring outsourcing agencies to register in a centralised online system that would prevent illegal agencies from operating. However, the law also grants the central government the power to exempt business licenses. The Omnibus Law will promote investment and create jobs at the expense of labour and human rights. As explained in a recent report by Amnesty International, the Omnibus Law undoubtedly erodes basic human rights4. For example, it amends some important articles in Law No. 13 of 2003 on Manpower, allowing cuts to severance pay, and flexibility of working hours. This will surely result in longer working hours, requiring workers to perform multiple duties at work, and enable employers to use temporary workers for an indefinite time without proper contracts5. Such an environment will be rife for union busting. While temporary workers are still technically allowed to join unions, they are more easily intimidated by employers who could freely sack workers suspected...

The Other FISA Court: The Alien Terrorist Removal Court

The Alien Terrorist Removal Court (ATRC) was established in 1996 after immense political pressure from the Reagan, Bush, and Clinton Administrations and wide bipartisan support to serve as a forum to prosecute the most complex and difficult national security immigration removal cases while protecting vital classified information from public disclosure. Yet, after twenty-three years, this Article III court has not heard a single case. This Article provides a fresh and critical inquiry into this veritable zombie court that has fallen from the public consciousness, yet still exists with a standing cadre of designated judges. It fills a significant gap in the conjunction of national security and immigration literature as the most comprehensive scholarly inquiry that has been done on the ATRC. Our novel conclusions include the reasons why the court has not ever heard a case and an analysis into its continued legitimacy despite subsequent War on Terror-era enactments that streamline the removal of most classes of noncitizen national security threats. We uniquely establish that the ATRC was dead on arrival due to its unworkable, yet legislatively remediable, procedural flaws. We examine the dynamic history of this forgotten court, analyze its structure, and propose commonsense legislative revision that would render this important national security law enforcement tool viable.

Integration of properties of virtual reality, artificial neural networks, and artificial intelligence in the automation of software tests: A review

AbstractThe complete automation of software tests has been considered to be an unattainable goal. This article discusses the potential to achieve this goal with recent discoveries and innovations in the areas of virtual reality (VR), artificial neural networks (ANNs), and artificial intelligence (AI). In this study, a theoretical proposal is described to integrate the properties of each of these areas using a process of automation of software tests. This process is based on a classification and description of the properties after consulting the literature, interviews, and dialogs with specialists from Australia, the United States, Germany, and Colombia. In addition to the experiences of the researchers, the construction of two tools is proposed: (1) a robot to design and apply functional tests, and (2) a virtual machine to identify errors in the logical structure of the code. Both tools are expected to replace human factors; the advantage is that the first tool identifies procedural flaws and the second errors of operation.

Blockchain Technology for Corporate Governance and Shareholder Activism

Blockchain is a technology that can offer smart solutions for classical corporate governance inefficiencies, especially in the relationship between shareholders and the company. Annual General Meetings (AGMs) are generally considered dull mandatory yearly rituals and its important theoretical functions, the information, forum and decision-making functions, are de facto eroded. In addition, the AGM suffers from procedural flaws, especially when shareholders vote remotely. Therefore we make a strong plea for the modernization of the AGM with the use of blockchain technology. Blockchain technology can lower shareholder voting costs and the organization costs for companies substantially. Moreover, blockchain technology can increase the speed of decision-making, facilitate fast and efficient involvement of shareholders. In addition, the main problems with the current chains of intermediaries and remote voting system have to do with transparency, verification and identification – issues that are directly linked to the advantages of blockchain technology. The recent prototypes of blockchain-based AGMs that are discussed in this contribution show that blockchain technology as tool for shareholder participation is definitely feasible.

Inseguridad jurídica ante el impedimento del ejercicio de la acción pública de inconstitucionalidad dentro del proceso especial para la paz

El presente trabajo investigativo pretende identificar en qué medida los actos legislativos que son expedidos bajo el procedimiento especial para la paz, generan seguridad jurídica, en aras de que su control de constitucionalidad solo se realiza por vicios de procedimiento en su formación y de oficio, sin permitir que se pueda incoar por parte del ciudadano la acción pública de constitucionalidad; razón por la cual se hace necesario establecer la naturaleza jurídica de dichos actos legislativos y determinar el proceso de constitucionalidad, de conformidad con lo establecido por la Corte Constitucional, así mismo, se evidencia que este desbalance jurídico tiene solución a través de la emisión de diferentes tipologías de sentencias que puede realizar la Corte Constitucional, con el fin de ejercer un control material y formal sobre dichos actos reformatorios, siendo en el caso concreto la expedición de una sentencia que interprete y adicione la implementación del acuerdo de paz, con el propósito de garantizar el poder constituyente primario, y la democracia participativa como característica fundamental de un Estado social, constitucional y democrático de derecho.

In search of international criminal justice in Africa: What role for the United Nations?

ABSTRACTThe International Criminal Court (ICC) ran into considerable controversy almost immediately after its creation. More than 10 years later, the tension between the court and the AU is palpable. The court’s perceived political prosecutions as well as procedural flaws in light of the power bestowed on the UN Security Council under Article 13(b) of the Rome Statute are some of the areas of contention. However, despite the obvious flaws of the ICC, there is also widespread scepticism that the AU can be trusted to mobilise sufficient political will to deliver justice on the continent, more so in cases where the perpetrators are sitting heads of state or government. In lieu of cooperation with the ICC and the UN, can the AU deliver justice to victims of gross human rights abuses? Are extraordinary African Chambers such as the one created in Senegal to try the former Chadian dictator Hissene Habre an alternative to the ICC? This article argues that it is only through a partnership of convenience between the AU and the UN that victims of human rights abuses on the continent can access justice. Furthermore, the article opines that calls for African states to withdraw from the ICC en mass must be vigorously opposed.

A Study on the Pre-Deliberation review system related to procedural flaws in tax disposition

A Study on the Pre-Deliberation review system related to procedural flaws in tax disposition

Propagação de incertezas: um experimento acadêmico simples

Por definição, as incertezas são uma estimativa da confiabilidade de uma medida. São intrínsecas a qualquer processo de medição e têm sua origem tanto em falhas procedimentais como na própria limitação dos instrumentos utilizados para as aferições. A compreensão de como elas se propagam é fundamental para o planejamento de experimentos, uma vez que ao minimizá-las obtêm-se dados mais confiáveis. O presente estudo, realizado em disciplina de inicial de laboratório de Engenharia Química, traz uma discussão conceitual sobre incertezas e ilustra a sua determinação em um experimento simples, que envolve a determinação de propriedades termofísicas, como a massa específica, a densidade relativa e o peso específico de um detergente comercial. A metodologia utilizada para a análise de incertezas foi baseada nos estudos de Kline e McClintock, e o software Engineer Equation Solver (EES) foi utilizado para os cálculos. Os resultados obtidos foram comparados com os da literatura e os erros durante o experimento foram discutidos, juntamente com a propagação de incertezas advinda dos instrumentos utilizados.

Bahamianness as an Exclusive Good: Attempting to Change the Constitution, 2002

In 2014, Bahamian Prime Minister Perry Christie announced a constitutional referendum on gender equality. In 2002, his predecessor, Hubert Ingraham, had already put a similar referendum before the electorate. Back then, the proposed amendments failed. The Bahamas’ independence Constitution imagines citizenship as limited and exclusionary. The amendments currently proposed would indeed remove some levels of discrimination contained in the citizenship provisions, but others would be retained, and some new ones may even be added. However, the discussion of these amendments is dominated by a proxy debate appealing to populist emotions. This paper seeks to analyse the amendments proposed in 2002, which marked the first attempt at constitutional reform since Bahamian independence, as well as the process that ultimately led to defeat at the polls. The focus will be on the amendments addressing gender inequality. Questions include: how would the 2002 proposal have changed the levels of unequal access to citizenship compared to the 1973 Constitution, and how do they compare to the 2014 proposals? And, to what extent were there procedural flaws present in 2002, and to what extent did a distractionary discourse sabotage the declared goal of gender equality?