Transparency, as used in science, business, the humanities and in other social contexts, is operating in such a way that it is easy for others to see what actions are performed. Transparency implies openness and accountability. Transparency is practiced in companies, organizations and communities. For example, a cashier making change after a point of sale transaction by offering a record of the items purchased as well as counting out the customer's change on the counter demonstrates one type of transparency; the term transparency has a different meaning in information security where it is used to describe security mechanisms that are intentionally in-detectable or hidden from view. Examples include hiding utilities and tools which the user does not need to know in order to do their job, like keeping the remote re-authentication operations of Challenge Handshake Authentication Protocol hidden from the user. In Norway and in Sweden, tax authorities annually release the "skatteliste" or "tax list".
Regulations in Hong Kong require banks to list their top earners – without naming them – by pay band. In 2009, the Spanish government for the first time released information on how much each cabinet member is worth, but data on ordinary citizens is private. Radical transparency is a management method where nearly all decision making is carried out publicly. All draft documents, all arguments for and against a proposal, all final decisions, the decision making process itself are made public and remain publicly archived; this approach has grown in popularity with the rise of the Internet. Two examples of organizations utilizing this style are Indymedia. Corporate transparency, a form of radical transparency, is the concept of removing all barriers to —and the facilitating of— free and easy public access to corporate information and the laws, social connivance and processes that facilitate and protect those individuals and corporations that join and improve the process. Accountability and transparency are of high relevance for non-governmental organisations.
In view of their responsibilities to stakeholders, including donors, programme beneficiaries, staff and the public, they are considered to be of greater importance to them than to commercial undertakings. Yet these same values are found to be lacking in NGOs; the International NGO Accountability Charter, linked to the Global Reporting Initiative, documents the commitment of its members international NGOs to accountability and transparency, requiring them to submit an annual report, among others. Signed in 2006 by 11 NGOs active in the area of humanitarian rights, the INGO Accountability Charter has been referred to as the “first global accountability charter for the non-profit sector”. In 1997, the One World Trust created an NGO Charter, a code of conduct comprising commitment to accountability and transparency. Media transparency is the concept of determining how and why information is conveyed through various means. If the media and the public knows everything that happens in all authorities and county administrations there will be a lot of questions and suggestions coming from media and the public.
People who are interested in a certain issue will try to influence the decisions. Transparency creates an everyday participation in the political processes by the public. One tool used to increase everyday participation in political processes is freedom of information legislation and requests. Modern democracy builds on such participation of the media. There are, for anybody, interested, many ways to influence the decisions at all levels in society; the right and the means to examine the process of decision making is known as transparency. In politics, transparency is used as a means of holding public officials accountable and fighting corruption; when a government's meetings are open to the press and the public, its budgets may be reviewed by anyone, its laws and decisions are open to discussion, it is seen as transparent. It is not clear however if this provides less opportunity for the authorities to abuse the system for their own interests; when military authorities classify their plans as secret, transparency is absent.
This can be seen as either negative. While a liberal democracy can be a plutocracy, where decisions are made behind locked doors and the people have fewer possibilities to influence politics between the elections, a participative democracy is more connected to the will of the people. Participative democracy, built on transparency and everyday participation, has been used in northern Europe for decades. In the northern European country Sweden, public access to government documents became a law as early as 1766, it has been adopted as an ideal to strive for by the rest of EU, leading to measures like freedom of information laws and laws for lobby transparency. To promote transparency in politics, Hans Peter Martin, Paul van Buitenen and Ashley Mote decided to cooperate under the name Platform for Transparency in 2005. Similar organizations that promotes transparency are Transparency International and the Sunlight Foundation. A recent political movement to emerge in conjunction with the demands for transparency is the Pirate Party, a label for a number of political parties across different countries who advocate freedom of information, direct democracy, network neutrality, the free sharing of knowledge.
21st century culture affords a h
Politics refers to a set of activities associated with the governance of a country, or an area. It involves making decisions, it refers to achieving and exercising positions of governance—organized control over a human community a state. The academic study focusing on just politics, therefore more targeted than general political science, is sometimes referred to as politology. In modern nation-states, people have formed political parties to represent their ideas, they agree to take the same position on many issues and agree to support the same changes to law and the same leaders. An election is a competition between different parties; some examples of political parties worldwide are: the African National Congress in South Africa, the Conservative in the United Kingdom, the Christian Democratic Union in Germany and the Indian National Congress in India. Politics is a multifaceted word, it has a set of specific meanings that are descriptive and nonjudgmental, but does colloquially carry a negative connotation.
The word has been used negatively for many years: the British national anthem as published in 1745 calls on God to "Confound their politics", the phrase "play politics", for example, has been in use since at least 1853, when abolitionist Wendell Phillips declared: "We do not play politics. Politics is exercised on a wide range of social levels, from clans and tribes of traditional societies, through modern local governments and institutions up to sovereign states, to the international level. A political system is a framework; the history of political thought can be traced back to early antiquity, with seminal works such as Plato's Republic, Aristotle's Politics and the works of Confucius. The word comes from the same Greek word from which the title of Aristotle's book Politics derives; the book title was rendered in Early Modern English in the mid-15th century as "Polettiques". The singular politic first attested in English 1430 and comes from Middle French politique, in turn from Latin politicus, the Latinization of the Greek πολιτικός, meaning amongst others "of, for, or relating to citizens", "civil", "civic", "belonging to the state", in turn from πολίτης, "citizen" and that from πόλις, "city".
Formal politics refers to the operation of a constitutional system of government and publicly defined institutions and procedures. Political parties, public policy or discussions about war and foreign affairs would fall under the category of Formal Politics. Many people view formal politics as something outside of themselves, but that can still affect their daily lives. Semi-formal politics is politics in government associations such as neighborhood associations, or student governments where student government political party politics is important. Informal politics is understood as forming alliances, exercising power and protecting and advancing particular ideas or goals; this includes anything affecting one's daily life, such as the way an office or household is managed, or how one person or group exercises influence over another. Informal Politics is understood as everyday politics, hence the idea that "politics is everywhere"; the history of politics is reflected in the origin and economics of the institutions of government.
The origin of the state is to be found in the development of the art of warfare. Speaking, all political communities of the modern type owe their existence to successful warfare. Kings and other types of monarchs in many countries including China and Japan, were considered divine. Of the institutions that ruled states, that of kingship stood at the forefront until the American Revolution put an end to the "divine right of kings"; the monarchy is among the longest-lasting political institutions, dating as early as 2100 BC in Sumeria to the 21st century AD British Monarchy. Kingship becomes an institution through the institution of hereditary monarchy; the king even in absolute monarchies, ruled his kingdom with the aid of an elite group of advisors, a council without which he could not maintain power. As these advisors and others outside the monarchy negotiated for power, constitutional monarchies emerged, which may be considered the germ of constitutional government; the greatest of the king's subordinates, the earls and dukes in England and Scotland, the dukes and counts in the Continent, always sat as a right on the council.
A conqueror wages war upon the vanquished for vengeance or for plunder but an established kingdom exacts tribute. One of the functions of the council is to keep the coffers of the king full. Another is the satisfaction of military service and the establishment of lordships by the king to satisfy the task of collecting taxes and soldiers. There are many forms of political organization, including states, non-government organizations and international organizations such as the United Nations. States are the predominant institutional form of political governance, where a state is understood as an institution and a government is understood as the regime in power. According
Attorney General of California
The Attorney General of California is the state attorney general of the Government of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" The Attorney General carries out the responsibilities of the office through the California Department of Justice; the Department employs over 3,700 non-attorney employees. The California Attorney General is elected with a maximum of two terms; the election is held at the same statewide election as the Governor, Lieutenant Governor, Secretary of State, Superintendent of Public Instruction, Insurance Commissioner. According to the state Constitution, California Code of Civil Procedure, the California Government Code, the Attorney General: As the state’s chief law officer, ensures that the laws of the state are uniformly and adequately enforced. Heads the Department of Justice, responsible for providing state legal services and support for local law enforcement. Acts as the chief counsel in state litigation.
Oversees law enforcement agencies, including District Attorneys and Sheriffs. Although the office of Attorney General dates to the admission of California to the Union, the office in its modern form dates to Proposition 4 of 1934, sponsored by Alameda County District Attorney Earl Warren as one of four initiatives he sponsored to reform law enforcement and the judiciary; the attorney general lacked jurisdiction over matters in the jurisdiction of locally elected district attorneys and sheriffs. Warren went on to become Attorney General himself in 1938 where he reorganized state's law enforcement into districts. For a comprehensive list, see List of Attorneys General of California. Jerry Brown – 2007–2011, Governor of California, Mayor of Oakland. George Deukmejian – 1979–1983, Governor of California Stanley Mosk – 1959–1964, Associate Justice of the California Supreme Court Pat Brown – 1951–1959, Governor of California Earl Warren – 1939–1943, Chief Justice of the United States. S. Representative Kamala Harris – 2011–2017, U.
S. Senator. S. Representative Official website California Attorney General articles at Legal Newsline Legal Journal California Attorney General articles at ABA Journal News and Commentary at FindLaw
Sovereignty is the full right and power of a governing body over itself, without any interference from outside sources or bodies. In political theory, sovereignty is a substantive term designating supreme authority over some polity; the term arises from the unattested Vulgar Latin's *superanus, meaning "chief", "ruler". Its spelling, which varied from the word's first appearance in English in the fourteenth century, was influenced by the English "reign"; the concepts of sovereignty have been discussed throughout history, are still debated. Its definition and application has changed throughout during the Age of Enlightenment; the current notion of state sovereignty contains four aspects consisting of territory, population and recognition. According to Stephen D. Krasner, the term could be understood in four different ways: domestic sovereignty – actual control over a state exercised by an authority organized within this state, interdependence sovereignty – actual control of movement across state's borders, assuming the borders exist, international legal sovereignty – formal recognition by other sovereign states, Westphalian sovereignty – lack of other authority over state other than the domestic authority.
These four aspects all appear together, but this is not the case – they are not affected by one another, there are historical examples of states that were non-sovereign in one aspect while at the same time being sovereign in another of these aspects. According to Immanuel Wallerstein, another fundamental feature of sovereignty is that it is a claim that must be recognised by others if it is to have any meaning: The Roman jurist Ulpian observed that: The people transferred all their imperium and power to the Emperor. Cum lege regia, quae de imperio eius lata est, populus ei et in eum omne suum imperium et potestatem conferat The emperor is not bound by the laws. Princeps legibus. Quod principi placuit legis habet vigorem. Ulpian was expressing the idea that the Emperor exercised a rather absolute form of sovereignty, that originated in the people, although he did not use the term expressly. Ulpian's statements were known in medieval Europe, but sovereignty was an important concept in medieval times.
Medieval monarchs were not sovereign, at least not so, because they were constrained by, shared power with, their feudal aristocracy. Furthermore, both were constrained by custom. Sovereignty existed during the Medieval period as the de jure rights of nobility and royalty, in the de facto capability of individuals to make their own choices in life. Around c. 1380–1400, the issue of feminine sovereignty was addressed in Geoffrey Chaucer's Middle English collection of Canterbury Tales in The Wife of Bath's Tale. A English Arthurian romance, The Wedding of Sir Gawain and Dame Ragnell, uses many of the same elements of the Wife of Bath's tale, yet changes the setting to the court of King Arthur and the Knights of the Round Table; the story revolves around the knight Sir Gawain granting to Dame Ragnell, his new bride, what is purported to be wanted most by women: sovereignty. We desire most From men both lund and poor, To have sovereignty without lies. For where we have sovereignty, all is ours, Though a knight be so fierce, And win mastery.
It is our desire to have master Over such a sir. Such is our purpose. Sovereignty reemerged as a concept in the late 16th century, a time when civil wars had created a craving for stronger central authority, when monarchs had begun to gather power onto their own hands at the expense of the nobility, the modern nation state was emerging. Jean Bodin in reaction to the chaos of the French wars of religion, presented theories of sovereignty calling for strong central authority in the form of absolute monarchy. In his 1576 treatise Les Six Livres de la République Bodin argued that it is inherent in the nature of the state that sovereignty must be: Absolute: On this point he said that the sovereign must be hedged in with obligations and conditions, must be able to legislate without his subjects' consent, must not be bound by the laws of his predecessors, could not, because it is illogical, be bound by his own laws. Perpetual: Not temporarily delegated as to a strong leader in an emergency or to a state employee such as a magistrate.
He held that sovereignty must be perpetual because anyone with the power to enforce a time limit on the governing power must be above the governing power, which would be impossible if the governing power is absolute. Bodin rejected the notion of transference of sovereignty from people to the ruler, and the sovereign is not above natural law. He is above only positive law, he emphasized that a sovereign is bound to observe certain basic rules derived from the divine law, the law of nature or reason, the law, common to all nations, as well as the fundamental laws of the state that determine, the sovereign, who succeeds to sovereignty, what limits the sovereign power. Thus, Bodin’s sovereign was restricted by the constitutional law of the state and by the higher law, considered as binding upon every human being; the fact that the sovereign must obey divine and natural law imposes ethical constraints on him. Bodin held that the lois royales, the fun
The civil service is independent of government and is composed of career bureaucrats hired on professional merit rather than appointed or elected, whose institutional tenure survives transitions of political leadership. A civil servant or public servant is a person employed in the public sector on behalf of a government department or agency. A civil servant or public servant's first priority is to represent the interests of citizens; the extent of civil servants of a state as part of the "civil service" varies from country to country. In the United Kingdom, for instance, only Crown employees are referred to as civil servants whereas county or city employees are not. Many consider the study of service to be a part of the field of public administration. Workers in "non-departmental public bodies" may be classed as civil servants for the purpose of statistics and for their terms and conditions. Collectively a state's civil servants form its civil public service. An international civil servant or international staff member is a civilian employee, employed by an intergovernmental organization.
These international civil servants do not reside under any national legislation but are governed by internal staff regulations. All disputes related to international civil service are brought before special tribunals created by these international organizations such as, for instance, the Administrative Tribunal of the ILO. Specific referral can be made to the International Civil Service Commission of the United Nations, an independent expert body established by the United Nations General Assembly, its mandate is to regulate and coordinate the conditions of service of staff in the United Nations common system, while promoting and maintaining high standards in the international civil service. The origin of the modern meritocratic civil service can be traced back to Imperial examination founded in Imperial China; the Imperial exam based on merit was designed to select the best administrative officials for the state's bureaucracy. This system had a huge influence on both society and culture in Imperial China and was directly responsible for the creation of a class of scholar-bureaucrats irrespective of their family pedigree.
Appointments to the bureaucracy were based on the patronage of aristocrats. In the areas of administration the military, appointments were based on merit; this was an early form of the imperial examinations, transitioning from inheritance and patronage to merit, in which local officials would select candidates to take part in an examination of the Confucian classics. After the fall of the Han dynasty, the Chinese bureaucracy regressed into a semi-merit system known as the nine-rank system; this system was reversed during the short-lived Sui dynasty, which initiated a civil service bureaucracy recruited through written examinations and recommendation. The first civil service examination system was established by Emperor Wen of Sui. Emperor Yang of Sui established a new category of recommended candidates for the mandarinate in AD 605; the following Tang dynasty adopted the same measures for drafting officials, decreasingly relied on aristocratic recommendations and more and more on promotion based on the results of written examinations.
The structure of the examination system was extensively expanded during the reign of Wu Zetian The system reached its apogee during the Song dynasty. In theory, the Chinese civil service system provided one of the major outlets for social mobility in Chinese society, although in practice, due to the time-consuming nature of the study, the examination was only taken by sons of the landed gentry; the examination tested the candidate's memorization of the Nine Classics of Confucianism and his ability to compose poetry using fixed and traditional forms and calligraphy. In the late 19th century the system came under increasing internal dissatisfaction, it was criticized as not reflecting the candidate's ability to govern well, for giving precedence to style over content and originality of thought; the system was abolished by the Qing government in 1905 as part of the New Policies reform package. The Chinese system was admired by European commentators from the 16th century onward. In the 18th century, in response to economic changes and the growth of the British Empire, the bureaucracy of institutions such as the Office of Works and the Navy Board expanded.
Each had its own system, but in general, staff were appointed through patronage or outright purchase. By the 19th century, it became clear that these arrangements were falling short. "The origins of the British civil service are better known. During the eighteenth century a number of Englishmen wrote in praise of the Chinese examination system, some of them going so far as to urge the adoption for England of something similar; the first concrete step in this direction was taken by the British East India Company in 1806." In that year, the Honourable East India Company established a college, the East India Company College, near London to train and examine administrators of the Company's territories in India. "The proposal for establishing this college came from members of the East India Company's trading post in Canton, China." Examinations for the Indian "civil service"—a term coined by the Company—were introduced in 1829. British efforts at reform were influenced by the imperial examinations system and meritocratic system of China.
Thomas Taylor Meadows, Britain's consul in Guangzhou, China argued in his Desu
First Amendment to the United States Constitution
The First Amendment to the United States Constitution prevents the government from making laws which respect an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights; the Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. The First Amendment applied only to laws enacted by the Congress, many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York, the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In Everson v. Board of Education, the Court drew on Thomas Jefferson's correspondence to call for "a wall of separation between church and State", though the precise boundary of this separation remains in dispute.
Speech rights were expanded in a series of 20th and 21st-century court decisions which protected various forms of political speech, anonymous speech, campaign financing and school speech. The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits, most notably in New York Times Co. v. Sullivan. Commercial speech, however, is less protected by the First Amendment than political speech, is therefore subject to greater regulation; the Free Press Clause protects publication of information and opinions, applies to a wide variety of media. In Near v. Minnesota and New York Times v. United States, the Supreme Court ruled that the First Amendment protected against prior restraint—pre-publication censorship—in all cases; the Petition Clause protects the right to petition all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause, the Court has ruled that the amendment implicitly protects freedom of association.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. In 1776, the second year of the American Revolutionary War, the Virginia colonial legislature passed a Declaration of Rights that included the sentence "The freedom of the press is one of the greatest bulwarks of liberty, can never be restrained but by despotic Governments." Eight of the other twelve states made similar pledges. However, these declarations were considered "mere admonitions to state legislatures", rather than enforceable provisions. After several years of comparatively weak government under the Articles of Confederation, a Constitutional Convention in Philadelphia proposed a new constitution on September 17, 1787, featuring among other changes a stronger chief executive. George Mason, a Constitutional Convention delegate and the drafter of Virginia's Declaration of Rights, proposed that the Constitution include a bill of rights listing and guaranteeing civil liberties.
Other delegates—including future Bill of Rights drafter James Madison—disagreed, arguing that existing state guarantees of civil liberties were sufficient and that any attempt to enumerate individual rights risked the implication that other, unnamed rights were unprotected. After a brief debate, Mason's proposal was defeated by a unanimous vote of the state delegations. For the constitution to be ratified, nine of the thirteen states were required to approve it in state conventions. Opposition to ratification was based on the Constitution's lack of adequate guarantees for civil liberties. Supporters of the Constitution in states where popular sentiment was against ratification proposed that their state conventions both ratify the Constitution and call for the addition of a bill of rights; the U. S. Constitution was ratified by all thirteen states. In the 1st United States Congress, following the state legislatures' request, James Madison proposed twenty constitutional amendments, his proposed draft of the First Amendment read as follows: The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed.
The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments. The people shall not be restrained from peaceably consulting for their common good; this language was condensed by Congress, passed the House and Senate with no recorded debate, complicating future discussion of the Amendment's intent. The First Amendment, along with the rest of the Bill of Rights, was submitted to the states for ratification on September 25, 1789, adopted on December 15, 1791. Thomas Jefferson wrote with respect to the First Amendment and its restriction on the legislative branch of the federal government in an 1802 letter to the Danbury Baptists: Believing with you that religion is a matter which lies between Ma
Conflict of interest
A conflict of interest is a situation in which a person or organization is involved in multiple interests, financial or otherwise, serving one interest could involve working against another. This relates to situations in which the personal interest of an individual or organization might adversely affect a duty owed to make decisions for the benefit of a third party; the presence of a conflict of interest is independent of the occurrence of impropriety. Therefore, a conflict of interest can be discovered and voluntarily defused before any corruption occurs. A conflict of interest exists if the circumstances are reasonably believed to create a risk that a decision may be unduly influenced by other, secondary interests, not on whether a particular individual is influenced by a secondary interest. A used definition is: "A conflict of interest is a set of circumstances that creates a risk that professional judgement or actions regarding a primary interest will be unduly influenced by a secondary interest."
Primary interest refers to the principal goals of the profession or activity, such as the protection of clients, the health of patients, the integrity of research, the duties of public officer. Secondary interest includes personal benefit and is not limited to only financial gain but such motives as the desire for professional advancement, or the wish to do favours for family and friends; these secondary interests are not treated as wrong in and of themselves, but become objectionable when they are believed to have greater weight than the primary interests. Conflict of interest rules in the public sphere focus on financial relationships since they are more objective and quantifiable, involve the political and medical fields. Judicial disqualification referred to as recusal, refers to the act of abstaining from participation in an official action such as a court case/legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide standards for recusal in a given proceeding or matter.
Providing that the judge or presiding officer must be free from disabling conflicts of interest makes the fairness of the proceedings less to be questioned. In the legal profession, the duty of loyalty owed to a client prohibits an attorney from representing any other party with interests adverse to those of a current client; the few exceptions to this rule require informed written consent from all affected clients, i.e. an "ethical wall". In some circumstances, a conflict of interest can never be waived by a client. In the most common example encountered by the general public, the same firm should not represent both parties in a divorce or child custody matter. Found conflict can lead to denial or disgorgement of legal fees, or in some cases, criminal proceedings. In 1998, a Milbank, Hadley & McCloy partner was found guilty of failing to disclose a conflict of interest and sentenced to 15 months of imprisonment. In the United States, a law firm cannot represent a client if the client's interests conflict with those of another client if the two clients are represented by separate lawyers within the firm, unless the lawyer is segregated from the rest of the firm for the duration of the conflict.
Law firms employ software in conjunction with their case management and accounting systems in order to meet their duties to monitor their conflict of interest exposure and to assist in obtaining waivers. More conflicts of interest can be defined as any situation in which an individual or corporation is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit. Depending upon the law or rules related to a particular organization, the existence of a conflict of interest may not, in and of itself, be evidence of wrongdoing. In fact, for many professionals, it is impossible to avoid having conflicts of interest from time to time. A conflict of interest can, become a legal matter, for example, when an individual tries influencing the outcome of a decision, for personal benefit. A director or executive of a corporation will be subject to legal liability if a conflict of interest breaches his/her duty of loyalty. There is confusion over these two situations.
Someone accused of a conflict of interest may deny that a conflict exists because he/she did not act improperly. In fact, a conflict of interest can exist if there are no improper acts as a result of it; as an example, in the sphere of business and control, according to the Institute of Internal Auditors: conflict of interest is a situation in which an internal auditor, in a position of trust, has a competing professional or personal interest. Such competing interests can make it difficult to fulfill her duties impartially. A conflict of interest exists if no unethical or improper act results. A conflict of interest can create an appearance of impropriety that can undermine confidence in the internal auditor, the internal audit activity, the profession. A conflict of interest could