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1
Duxbury, N. "Ex Post Facto Law". American Journal of Jurisprudence 58, n.º 2 (1 de diciembre de 2013): 135–61. http://dx.doi.org/10.1093/ajj/aut008.
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Kitson, Danielle. "It's an Ex Post Fact: Supreme Court Misapplies the Ex Post Facto Clause to Criminal Procedure Statutes". Journal of Criminal Law and Criminology (1973-) 91, n.º 2 (2001): 429. http://dx.doi.org/10.2307/1144270.
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Ferranti, William P. "Revised Sentencing Guidelines and the Ex Post Facto Clause". University of Chicago Law Review 70, n.º 3 (2003): 1011. http://dx.doi.org/10.2307/1600664.
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Billah, Maruf, Nur Ezan Rahmat, Che Audah Hassan y Md Shahin Kabir. "Ex Post Facto Prosecution of International Crimes in the Bangladesh War Crimes Tribunal: An Issue of Constitutionality". Malaysian Journal of Social Sciences and Humanities (MJSSH) 9, n.º 2 (29 de febrero de 2024): e002236. http://dx.doi.org/10.47405/mjssh.v9i2.2236.
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Bangladesh War Crimes Tribunal-a domestic criminal court is currently prosecuting the offenders of atrocious crimes perpetrated in the Bangladesh War of Independence in 1971. Though the atrocious offenses took place in 1971, the International Crimes Tribunal (ICT) Act 1973 was decreed by Bangladeshi Parliament in 1973, and the Tribunal was established in 2010; hence the ICT Act 1973 is considered as an ex post facto (retrospective) legislation because it has been promulgated after the commission of the crimes. Therefore, this study first analyzes the importance of ex post facto law’s prohibition in customary international law. Secondly, the study highlights how the 1973 ICT Act applies to prosecute the ICTB’s defendants retrospectively by amending the constitution of Bangladesh. Thirdly, it examines the ex post facto legislation’s application in the Bangladesh Tribunal and the issue of constitutionality because rules on the prohibition of retrospective legislation is one of the fundamental rights of every citizen that need to be safeguarded by every constitution of civilized nations. Lastly, this study's originality proves that ex post facto law’s application in the ICTB is unconstitutional. Then, this research paper concludes by inferring that the government of Bangladesh needs to amend the constitution to prohibit the ex post facto law’s implementation through the Tribunal that will enhance the legal acceptability of the War Crimes Court because the recent Criminal Court in question is operating under the Bangladeshi government.
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Kobrick, Eric S. "The Ex Post Facto Prohibition and the Exercise of Universal Jurisdiction over International Crimes". Columbia Law Review 87, n.º 7 (noviembre de 1987): 1515. http://dx.doi.org/10.2307/1122531.
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Kovács, Kriszta y Gábor Attila Tóth. "Hungary's Constitutional Transformation". European Constitutional Law Review 7, n.º 2 (junio de 2011): 183–203. http://dx.doi.org/10.1017/s1574019611200038.
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Hungary – Democratic state structure – Two-thirds parliamentary majority – First flurry of constitutional amendments of 2010 – Checks and balances – Media – Ex post facto legislation – Hungarian Constitutional Court – Judicial review – Wholesale constitutional review and Basic Law of 2011
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Huang, Yuexin. "Analysis of Green Liability on Environmental Damage--State Responsibility in International Investment Law". Advances in Economics, Management and Political Sciences 17, n.º 1 (13 de septiembre de 2023): 137–45. http://dx.doi.org/10.54254/2754-1169/17/20231069.
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Long before the birth of international environmental law, disputes over transboundary environmental damage have long existed in global trade and investment. Since the promulgation of the Rio Declaration on Environment and Development, with the arrival of the Period of Liberalization in international investment, the environmental issues involved in cross-border investment have skyrocketed, and international judicial bodies such as the International Court of Justice and the International Tribunal for the Law of the Sea have adjudicated a number of disputes over transboundary environmental damage. These post-Rio transboundary environmental damage disputes are characterized by complex afflictions, wide scope and serious damage. At this stage of adjudication, international judicial institutions have not developed relatively stable standards, principles and systems for ex post facto remedies for transboundary environmental damage. From the perspective of state responsibility, this paper analyzes the issue of transboundary environmental damage theoretically and practically, and explores the attribution, standards, and requirements of responsibility for cross-border environmental damage arising from international investment and the formation of the ex post facto remedy system, in order to provide reference for the establishment of a more sound and refined remedy mechanism of transboundary environmental damage in future international investment practice.
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Diederich, Bryan R. "Risking Retroactive Punishment: Modifications of the Supervised Release Statute and the Ex Post Facto Prohibition". Columbia Law Review 99, n.º 6 (octubre de 1999): 1551. http://dx.doi.org/10.2307/1123548.
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Logan, Wayne A. "Challenging the Punitiveness of “New-Generation” Sorn Laws". New Criminal Law Review 21, n.º 3 (2018): 426–57. http://dx.doi.org/10.1525/nclr.2018.21.3.426.
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Sex offender registration and notification (SORN) laws have been in effect nationwide since the 1990s, and publicly available registries today contain information on hundreds of thousands of individuals. To date, most courts, including the Supreme Court in 2003, have concluded that the laws are regulatory, not punitive, in nature, allowing them to be applied retroactively consistent with the Ex Post Facto Clause. Recently, however, several state supreme courts, as well as the Sixth Circuit Court of Appeals, addressing challenges lodged against new-generation SORN laws of a considerably more onerous and expansive character, have granted relief, concluding that the laws are punitive in effect. This article examines these decisions, which are distinct not only for their results, but also for the courts’ decidedly more critical scrutiny of the justifications, purposes, and efficacy of SORN laws. The implications of the latter development in particular could well lay the groundwork for a broader challenge against the laws, including one sounding in substantive due process, which unlike ex post facto–based litigation would affect the viability of SORN vis-à-vis current and future potential registrants.
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Österdahl, Inger. "Preach What You Practice. The Security Council and the Legalisation ex post facto of the Unilateral Use of Force". Nordic Journal of International Law 74, n.º 2 (2005): 231–60. http://dx.doi.org/10.1163/1571810054929440.
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AbstractIn recent years the UN Security Council has entered the scene of action several times after a unilateral military intervention has already taken place. The Security Council has adopted comprehensive schemes for the reconstruction of the countries intervened in and has authorised both civil and military international presences. Kosovo, Afghanistan and Iraq are examples of such recent situations, and Liberia is an example from the early 1990s. This article makes the argument that, through its resolutions, the Security Council contributes to the legalisation ex post facto of the unilateral interventions, whether it wants to or not. The Security Council is caught in a trap set by those who undertake the intervention without prior Security Council authorisation.The only way the Security Council could escape the retroactive legalising effect of its resolutions would be by clearly stating in the resolution its intention not to authorise the preceding intervention. Even then, it may be that the Security Council could not escape the power of its own practice. A persistent practice of adopting reconstruction resolutions ex post facto would carry greater legal weight than the professed intention not to legalise the preceding unilateral intervention.Still, authorisation ex post facto may be better than no authorisation at all.
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Paschke, P. y J. Glazewski. "Ex post facto authorisation in South African environmental assessment legislation: a critical review". Potchefstroom Electronic Law Journal 9, n.º 1 (10 de julio de 2017): 119–50. http://dx.doi.org/10.17159/1727-3781/2006/v9i1a2812.
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One of the fundamental tenets underlying environmental assessment both internationally and in South Africa is that it is anticipatory in nature in that it is essentially an evaluation of the effects likely to arise from a major project or other action significantly affecting the natural or artificial environment. Environmental impact assessment (EIA) is therefore a systematic and integrative process for considering possible impacts prior to a decision being taken on whether or not a proposal should be given approval to proceed.
This article argues that the current legislative basis for environmental assessment in South Africa, namely Part V of the Environment Conservation Act 73 of 1998 (ECA) and regulations made under it, reflects this philosophy. It argues that the phenomenon of ex post facto or retrospective environmental authorisation is ultra vires and thus not permissible under the current legislative regime.
Finally the article outlines and assesses the environmental assessment regime under the National Environmental Management Act 107 of 1998 (NEMA) and recent amendments to it under the NEMA Amendment Act 8 of 2004, which will in future govern the environmental assessment process. The amending Act introduces a new section 24G into the anticipated environmental assessment regime which will permit ex post facto or retrospective environmental authorisation. The authors argue that this is an unwelcome development which will militate against the purposes underlying environmental assessment.
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Nugraha, Ignatius Yordan. "Popular Sovereignty and Constitutional Referendum: Can “The People” be Limited by Human Rights?" German Law Journal 23, n.º 1 (febrero de 2022): 19–43. http://dx.doi.org/10.1017/glj.2022.2.
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AbstractThe rise of referendums has led to the concern that they could lead to liberticide and discriminatory results. This article intends to determine whether the concept of popular sovereignty would immunize constitutional provisions that are passed through a constitutional referendum from any human rights limitation. In answering the question, I formulate a theoretical framework called “constituent-constituted duality,” while also distinguishing “the constituent people,” which is mythical, and “the constituted people,” which is empiric. In the end, this article argues that the only possible form of limitation from the perspective of popular sovereignty is an ex ante limitation. Meanwhile, an ex post facto limitation remains unacceptable from the angle of popular sovereignty, which implies that a judicial review of popularly-enacted constitutional amendments is conceptually illegitimate.
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SangChan Kim. "The Study on validation of the contract terms requirements and ex post facto clause in American law". 법과정책 20, n.º 1 (marzo de 2014): 109–35. http://dx.doi.org/10.36727/jjlpr.20.1.201403.005.
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Bernstein, Jeffrey. "Between a Rock and a Hard Place". Potentia: Journal of International Affairs 2 (1 de octubre de 2010): 23–38. http://dx.doi.org/10.18192/potentia.v2i0.4374.
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The present recurrence of mass atrocity crimes, though shocking, is nothing new. With conflict raging in the Democratic Republic of Congo, Myanmar, Sudan, and elsewhere, why have actors or coalitions outside the authority of the United Nations not emerged to exercise a credible deterrent and halt the bloodshed? Much of the answer lies within the framework of international law. This article seeks to understand whether the law serves as constrainer or enabler of unauthorised humanitarian interventions. I argue that the integrity of international law is best preserved by maintaining the illegality of unauthorised, militarily-coercive interventions. Simultaneously I posit that states should take the coercive actions necessary to end large-scale killing and that their actions should be considered and authorised, ex post facto, by the Security Council based on contextual “exceptionality.”
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Arora, Yatin. "What Went Wrong With Wrongful Trading?" Business Law Review 43, Issue 4 (1 de julio de 2022): 164–77. http://dx.doi.org/10.54648/bula2022024.
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In seeking to combat the abuse of limited liability, the wrongful trading provision under section 214 of the Insolvency Act 1986 has long formed part of the UK’s ex post facto creditor protection strategy. However, despite being introduced nearly forty years ago, claims for wrongful trading have been far and few, raising key questions over the provision’s potential. In light of these low numbers, this article assesses the effectiveness of section 214, by examining whether it achieves its underlying objectives. It is argued that, as the regime’s development has been riddled with a lack of clarity, judicial discretion, and inconsistency, officeholders currently face a number of difficulties. These difficulties mean there is currently insufficient incentive for officeholders to bring an action and thus section 214 is not achieving its objectives. However, the provision’s effectiveness can be improved by introducing an ex-ante measure into the ex post facto regime. Premised upon the idea that prevention is better than cure, this author proposes a new model for compulsory preappointment director education. By targeting potential troublemakers from the outset, this eliminates, or at least drastically reduces, the need to rely on section 214 in the first place. wrongful trading, limited liability, company law, insolvency, creditor protection, directors’ duties
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Chase, Irene J. "Making the Criminal Pay in Cash: The Ex Post Facto Implications of the Mandatory Victims Restitution Act of 1996". University of Chicago Law Review 68, n.º 2 (2001): 463. http://dx.doi.org/10.2307/1600378.
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Dondé Matute, Javier. "International Criminal Law before the Supreme Court of Mexico". International Criminal Law Review 10, n.º 4 (2010): 571–81. http://dx.doi.org/10.1163/157181210x519018.
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AbstractThis article explores different cases taken before the Supreme Court of Mexico concerning issues of international criminal law. The first part addresses the proposition of universal jurisdiction in the Cavallo case. The second part concerns the ex post facto application of the Inter-American Convention on Forced Disappearance of Persons and the issue of the statute of limitations regarding international crimes in the Forced Disappearance case and the Echeverría Appeal. The final part discusses the Atenco case, in which the doctrine of command responsibility was considered but ultimately not used in the final decision. The conclusion is that the methods of interpretation of the Supreme Court are still limited by the Constitution, which sometimes hinders developments consistent with international standards.
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Jolly, Stellina y Siddharth Singh. "Environmental Impact Assessment Draft Notification 2020, India: A Critique". Chinese Journal of Environmental Law 5, n.º 1 (8 de julio de 2021): 11–36. http://dx.doi.org/10.1163/24686042-12340062.
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Abstract Environment Impact Assessment (EIA) is a systematic process to identify, predict, and evaluate the environmental effects of proposed actions and projects. Generally, an EIA is conducted before deciding to proceed with a specific project or activity. In India, the adoption of the Draft EIA Notification 2020 by the Ministry of Environment, Forest and Climate Change has triggered several debates over its problematic implications. The Draft EIA Notification normalizes ex post facto clearance, which allows construction or operation of the project without a prior environmental clearance. It has significantly curtailed the scope of public consultation and participation by the introduction of a large number of exemptions for projects. Further, it is silent over the project’s transboundary impacts and exempts projects within 100 km of the border areas from public consultation. Thus, the Draft EIA Notification violates the environmental law principles provided under domestic and international laws by restricting adequate scrutiny of projects. The article critically evaluates the three significant dilutions that have threatened the effectiveness of the Draft EIA Notification including ex post facto clearance, public consultation, and the exemption granted to transboundary projects, and emphasizes its need for reconsideration before the publication of the final Notification.
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Jen, Ashran. "Stogner v. California: A Collision between the Ex Post Facto Clause and California's Interest in Protecting Child Sex Abuse Victims". Journal of Criminal Law and Criminology (1973-) 94, n.º 3 (2004): 723. http://dx.doi.org/10.2307/3491396.
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Rampasso, Izabela Simon, Rodnei Bertazzoli, Thais Dibbern, Milena Pavan Serafim, Walter Leal Filho, Carolina Rojas-Córdova y Rosley Anholon. "Evaluating Research Partnerships through ISO 56003 Guidelines, RRI Concepts, and Ex Post Facto Cases". Sustainability 14, n.º 7 (1 de abril de 2022): 4186. http://dx.doi.org/10.3390/su14074186.
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This article aims to evaluate improvements in opportunities for research partnerships focused on innovation, considering the ISO 56003 guidelines, Responsible Research and Innovation (RRI) concepts, and the experiences of the authors of this article, who are researchers in various areas (ex post facto). The results presented arise from structured debates and discussions. As a result of the analysis and reflections carried out, some improvement opportunities in most of the partnerships established among research groups can be visualised. Partners in a research group often debate aspects related to technical knowledge associated with the research and contractual procedures in detail; however, they do not equally emphasise other important partnership management aspects, such as the analysis of the research impacts on all stakeholders, the definition and adoption of a governance policy to better conduct the interaction among members, and other actions that can enhance the partnerships. This article can be characterised as a synthesis of lessons learned, in addition to a presentation of guidelines mentioned in the literature. This knowledge can be useful to other researchers in planning new partnerships or evaluating existing ones. For deciding whether to enter into a partnership or withdraw from it, the information presented here is of great value.
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Bernardini, Lorenzo y Francesco Sanvitale. "Searches and seizures of electronic devices in european criminal proceedings:a new pattern for independent review?" Revista Ítalo-española de Derecho procesal, n.º 1 (30 de junio de 2023): 73–119. http://dx.doi.org/10.37417/rivitsproc/1475.
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In the field of digital searches and seizures, there is not a comprehensive EU regulation. Accordingly, the Authors analyze the scope and the content of Article 8 ECHR in order to depict the minimum standards stemming thereof for what concerns the need for both a prior and an ex post facto independent oversight. Against this background, the Italian legal framework will serve as a benchmark in order to find to what extent the aforementioned guarantees are safeguarded, and which impact could the relevant ECtHR’s case-law have at the domestic level.
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Valverde, Mariana. "The Law of Bad Smells: Making and Adjudicating Offensiveness Claims in Contemporary Local Law". Canadian Journal of Law and Society / Revue Canadienne Droit et Société 34, n.º 2 (agosto de 2019): 327–41. http://dx.doi.org/10.1017/cls.2019.20.
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AbstractThe sense of smell seems to have resisted the kind of objective measurement process that might have facilitated settling competing claims about offensive smells by applying a general rule or standard. As a result, authorities, including courts,cannot avoid making subjective judgements of taste. A nuisance lawsuit out of Ontario regarding a mushroom farm, or rather its smells, is used here as one source of material about the difficulties of adjudication in this subfield of the “law of the senses.” Attention is also paid to a curious quasi-judicial entity, Ontario’s Normal Farm Practices Protection Board, charged with resolving, mainly through mediation, disputes about farm smells between farmers and non-farming neighbours. Overall, the article shows that the ex post facto, situated and complaint-driven logic of nuisance that nineteenth-century law used to govern offensive noises as well as nasty smells, and which left plenty of room for subjective judgements of taste, keeps reappearing in the present day. Nasty smells seem particularly impervious to modernization, that is to being managed through objective measurement and preventive regulation.
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Westen, Peter. "Lex Mitior". New Criminal Law Review 18, n.º 2 (2015): 167–213. http://dx.doi.org/10.1525/nclr.2015.18.2.167.
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In 2009, New Mexico prospectively repealed the death penalty. Three years later in 2012, New Mexico prosecuted a defendant for a capital murder that was committed before repeal, and it sought to subject him to the death penalty. If state prosecutors had prevailed with the jury, they would have secured the very kind of sentence—death—that state officials had been lauded in Europe for outlawing three years earlier. A prosecution like New Mexico’s could never occur in Europe, and not merely because Europe has long outlawed the death penalty. It could never occur because, in contrast to the law of most American jurisdictions, European states embrace a doctrine known as “lex mitior” (“the milder law”). The latter doctrine is a counterpart to the ex post facto prohibition. Both doctrines concern retroactivity in criminal law, but they are the converse of one another. The ex post facto doctrine prohibits retroactivity by prohibiting the state from prosecuting persons under criminal statutes that either retroactively criminalize conduct that was hitherto lawful or retroactively increase penalties for conduct that, while unlawful all along, was hitherto punishable less severely. In contrast, lex mitior mandates retroactivity by mandating that criminal defendants receive the retroactive benefits of repealing statutes that either decriminalize conduct altogether or reduce punishment for it. After surveying laws in the United States regarding the retroactive effect of ameliorative repeals, the author addresses whether punishing offenders under harsher laws that obtained at the time of their conduct can serve consequentialist and/or retributive purposes of punishment. He concludes that, although doing so can be morally justified under limited circumstances, typically it is not—a conclusion that bears upon lex mitior’s proper scope, whether it consists of a binding norm (as it is among European nations), a nonconstitutional norm (as it presently is within the United States), or, when legislative intent is uncertain, a function of the rule of lenity.
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Margulies, Peter. "Judicial Review of US Border Policy's Spillover Effects: Negative Externalities, Executive Discretion, and Immigration Law". Public Affairs Quarterly 37, n.º 3 (1 de julio de 2023): 250–68. http://dx.doi.org/10.5406/21520542.37.3.07.
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Abstract Negative externalities pervade immigration law. For example, immigration rules can cause negative economic externalities by barring foreign nationals whose participation would make labor markets more efficient. On the other hand, sweeping executive-branch measures to assist immigrants may unduly expand executive power and yield adverse effects on governance. This essay divides immigration's negative externalities into three categories: economic, relational, and rhetorical. It then argues for specific legal and policy measures, including tailored executive discretion over deportation; more robust court review of immigration restrictions that affect foreign nationals outside the United States; and classifying deportation of lawful permanent residents of the United States as punishment requiring advance notice that specific acts can prompt removal, like the notice the Constitution's Ex Post Facto Clause requires for criminal laws.
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Ronovská, Kateřina y Vlastimil Pihera. "How (not) to change the (un)changeable?" Trusts & Trustees 25, n.º 6 (27 de febrero de 2019): 662–67. http://dx.doi.org/10.1093/tandt/ttz010.
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Abstract The aim of this article is to outline how the current Czech legal doctrine deals with one of the most problematic issues in foundation law, namely the issue of making ex post facto changes to foundation deeds, including a change of purpose. When dealing with this topic, we need to consider the lack of clarity of the current regulation, which was inspired by various (sometimes antithetical) conceptual approaches. It is likely that the direction of the entire Czech foundation law will be dependent upon how such legal issues are addressed. With a view to the general nature of the issue, an analysis of the Czech situation is relevant for other countries as well. For that reason, the discussion is based on the general framework of the current trends in the development of foundation law in Europe.
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Ogharen, Biokoro Beauty. "The Imperative of Education Law in Secondary School Administrative Practices in Nigeria". Journal of Educational and Social Research 12, n.º 2 (5 de marzo de 2022): 324. http://dx.doi.org/10.36941/jesr-2022-0055.
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This study examined the imperative of education law in secondary school administrative practices in Nigeria. The study was guided by two research questions and two null hypotheses. The study employed an ex-post facto research design of descriptive survey method to generate data on education law and administrative practices from principals of selected public secondary schools in Nigeria. The random sampling technique was utilized to sample 124 principals. The instrument for data collection was the questionnaire. Findings revealed that knowledge of education law enhances administrative practices in all aspects of the school system. The paper concluded that education law enhances the school principals’ administrative practices in all aspects of the school system. The paper recommended that school administrators should provide enabling environment for a harmonious working relationship with their staff and students by involving them in decision-making process.
Received: 31 October 2021 / Accepted: 31 January 2022 / Published: 5 March 2022
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Ayal, Adi y Yaad Rotem. "THE FAILING FIRM DEFENSE—AN EQUITY-BASED APPROACH". Journal of Competition Law & Economics 15, n.º 4 (diciembre de 2019): 468–99. http://dx.doi.org/10.1093/joclec/nhz020.
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Abstract The failing firm defense is used to allow a seemingly anti-competitive merger, when one of the parties is a financially distressed firm. The basic argument is that harm to competition will ensue regardless of the merger, while allowing it provides a preferable alternative, maintaining commercial activity and protecting employment. The problem with the failing firm doctrine lies in antitrust enforcement agencies making highly uncertain predictions regarding future states of competition and broadening their discretion to encompass non-competition-related goals. As a result, enforcement agencies are pushed to extremes, succumbing to either type I errors (enjoining mergers that should have been approved) or type II errors (approving mergers that should have been blocked). Legal history suggests that regulators are excessively risk-averse, rarely accepting the failing firm defense. This paper offers a novel approach which minimizes the costs of both types of errors. We argue that rather than merely approve of, or forbid, the merger, antitrust agencies should also consider a third possibility: approval of the merger under the condition that the Government receive a passive equity stake in the merged entity in proportion to the actual post-merger decrease in market competition. The decrease in competition and the subsequent dilution of incumbent equity holders is to be decided ex post facto by comparing the change in an agreed-upon measure before and after the merger, preferably over several time intervals. This approach transforms the ex ante complex and uncertain regulatory decision to a rather simple ex post measurement problem. The proposed solution also deters firms from post-merger exploitation of market power, while allowing the public to be compensated for any harm to competition caused by the merger. All this, while reducing the costs of administrating the regulatory process. Finally, our approach also allows consideration of various stakeholders’ interests beyond direct consumers, that is, employees and creditors of the financially distressed firm, as well as economy-wide interests and the interest of the public at large.
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Nomani, M. Z. M. "Enviro-Health Dimensions of Environment Impact Assessment (EIA) Draft Notification 2020 and COVID-19 Pandemic". Asian Journal of Water, Environment and Pollution 20, n.º 1 (23 de enero de 2023): 43–48. http://dx.doi.org/10.3233/ajw230007.
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The enviro-health dimensions of the Environment Impact Assessment (EIA) Draft Notification 2020 and the COVID-19 pandemic in India needs dispassionate reading despite its criticism of being medically motivated and relaxing public scrutiny of B2 projects. The EIA law began in 1994 has finished 25 years of its authorisation and work in 2019. The EIA law encouraged excellent administration and ecological equity. The EIA law is in the constant deluge of experimentation, as evident from the 55-time changes and 230 government circulars from 2006-2021. The EIA Notification, 2006, has intensified the disarray and alteration in EIA law arrangement. The salubrious enactment made statutory requirements on the continuous relaxing mode. The worldwide rankings on the working of EIA law in 2020 by Yale University’s Environmental Performance Index positioned India as 168 out of 180 nations. The fundamental qualities of benchmarking contain 32 markers and decade execution patterns. The EIA Notification, 2020 subsumes these concerns by providing public participation, ex-post-facto clearances, and speedy authorisations of environmental projects. The EIA law gets promissory to ecological improvement, contamination control standards and health protection.
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Rabi, Shahaf y Avery Plaw. "Israeli Compliance with Legal Guidelines for Targeted Killing". Israel Law Review 53, n.º 2 (16 de junio de 2020): 225–58. http://dx.doi.org/10.1017/s0021223720000059.
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In December 2006 the Israeli High Court of Justice delivered its ruling in the Targeted Killing case (HCJ 769/02). The Court laid out four criteria that must be met for operations conducted as part of Israel's targeted killing policy to be performed legally, and imposed on the state two safeguards to ensure that each operation complies with these criteria. This research examines whether Israel has complied with the ruling in its post-2006 targeted killing operations. The article presents strong evidence which suggests that Israel complies with the Court's four requirements, although there is insufficient information to render a definitive conclusion regarding requirement 3, the principle of proportionality. However, the evidence also casts doubt on Israel's conformity with the two safeguards. The most significant issues revolve around Israel's implementation of and compliance with safeguard 1, the independent ex post facto investigative committee, which should review operations that cause civilian casualties. These concerns include the composition of the committee, its objectivity and independence. In addition, Israel's evolving understanding of the legal status of terrorists has significantly narrowed the jurisdiction of the committee and the HCJ's ruling more generally. These issues are exacerbated by the absence of evidence that safeguard 2, judicial oversight, has occurred.
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Alves, Silvia. "THE LAST WOLF. THOMAS HOBBES’ PHILOSOPHY OF CRIME AND PUNISHMENT". HUMANITIES AND RIGHTS | GLOBAL NETWORK JOURNAL 1, n.º 1 (31 de diciembre de 2019): 75–127. http://dx.doi.org/10.24861/2675-1038.v1i1.14.
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This article draws a reconstruction of Thomas Hobbes’ philosophy of crime and punishment. In Leviathan or Philosophical rudiments (De Cive) political science, legal theory and philosophy of crime and punishment compose a coherent unity. This scenario where power and law emerge allows to erect an extraordinarily modern theory that shelters preference for statutory law and suspicion of judicial discretion; consistency and predictability of the legal system; preventism and utilitarianism on punishments; prohibition of ex post facto laws and, in general, defense of strict legality. Boldness and the disconcerting frankness of Hobbes’ thinking coexist with some defiant antinomies. The duty to obey never eclipses the inalienable right to self-preservation. And the theorist of absolute sovereignty can present himself as an unexpected liberal. But perhaps the most disturbing is the permanent reminder that punishment remains brutal violence. The right to punish and the right to resist are the brutal remains of the state of nature.
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Osak, Mikołaj. "Cechy stalinowskiego prawa karnego na podstawie podręcznika Igora Andrejewa, Leszka Lernella i Jerzego Sawickiego Prawo karne Polski Ludowej z 1950 r." Miscellanea Historico-Iuridica 20, n.º 1 (2021): 219–38. http://dx.doi.org/10.15290/mhi.2021.20.01.11.
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Purpose of this paper is to present traits of penal law during Stalinist period in Poland based on a handbook by I. Andrejew, L. Lernell and J. Sawicki “Prawo karne Polski Ludowej”, which was first published in 1950. For this purpose, a number of issues appearing in the publication were described, such as: materialist definition of crime, ex post facto law, penality of preparation, attitude towards pre-war legislation instituted by interpretation, criticism of sociological school in penal law, position of death penalty in punishment system. Based on characteristics of them, traits of Stalinist penal law were identified, some of which are: excessive repressiveness, subordination of law to the power, or its instrumentalization. Identification of these traits was made possible by utilization of modern literature concerning the subject, presentation of regulations from laws having effect at the time, as well as comparison of handbook’s contents with current historical knowledge. Characteristics of traits of Stalinist penal law was preceded by a description of circumstances of origins of the handbook – its position among existing course books, reviews and consideration of impact of authors’ personal background on character of their work. What is more, teaching of penal law in the early days of Peoples’ Poland was briefly described, with an indication, why work of I. Andrejew, L. Lernell and J. Sawicki was particularly needed in law schools created by communist government.
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Jingrong, Li y Chen Songchang. "THE PROMULGATION OF LAW IN QIN AND WESTERN HAN CHINA". Early China 44 (septiembre de 2021): 393–418. http://dx.doi.org/10.1017/eac.2021.3.
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AbstractThis article studies the promulgation of law in Qin and Western Han China (221 b.c.e.–9 c.e.) based primarily on excavated legal and administrative texts. It shows that a new law was handed down from the emperor to the relevant offices on the day of enactment. The article argues that, to an extent, the subject matter and function of a law determined for whom it was passed and promulgated. Depending upon the location, rank, and official duties of the offices, the laws known and used could be quite different. Although it was required that documents of imperial decisions be forwarded swiftly and safely by courier at the prescribed speed, delays in forwarding such documents to distant local offices were probably common in Qin and Western Han China. Evidence indicates that district- and prefecture-level officials publicized laws that needed to be made known by the common people, by reading them aloud in local gatherings, for example, or posting them in conspicuous places. The article further argues that a law came into effect in offices on the day it arrived at local courts or on the day it was enacted in the central court, depending on the existence of related extant laws. It concludes that a new law in Qin and Western Han China was ex post facto, as it reached backwards to a past action and retroactively attached liabilities to the action at the point when it was performed.
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Halámek, Petr, Radka Matuszková y Michal Radimský. "Modernisation of Regional Roads Evaluated Using Ex-Post CBA". Sustainability 13, n.º 4 (8 de febrero de 2021): 1849. http://dx.doi.org/10.3390/su13041849.
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The aim of this evaluation is to verify the telling value of the Cost and Benefits Analysis (CBA) of regional roads modernisation based on an ex-post evaluation of the investments and their impacts on the incidence of traffic accidents. A set of 144 projects were the subject of evaluation. The analysis of the actual investment costs confirmed the assumption that the majority of projects were planned with a sufficient provision. When compared with the costs foreseen for the entire set of projects, the total reduction of actual costs spent was over 11%. The investigation of project impacts on traffic accidents was based on an analysis done prior to and after construction by using the Czech Police database. The measurement results show only minimum changes in the incidence of traffic accidents in the scenario prior to and after project completion. This however strongly contradicts the project goals declared, because the projects were anticipating almost zero accidents with a fatality and a 50% reduction of accidents with health consequences. However, a slight increase in road fatalities and in light and serious injuries was measured. These facts have a significant impact on the Net Present Value (NPV) and the weighted profitability index for the entire set of projects dropped from 16.7% to −2.8%. The key recommendation is to eliminate the impact on traffic accidents in the case of project evaluations processed ex-ante for projects focused only on a reconstruction or modernisation of existing roads.
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Kuwali, Dan y Chikosa M. Silungwe. "Horizontal accountability: Bottom-up oversight of public duty bearers in Malawi". Journal of Comparative Law in Africa 9, n.º 1 (2022): 1–23. http://dx.doi.org/10.47348/jcla/v9/i1a1.
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The principle of public duty requires that public authorities should be held accountable for their acts, omissions, decisions, policies and use of public resources. Focusing on Malawi as a country whose democracy has been tried and tested, this paper locates and dissects the notion of public duty in s 12 of the Constitution of Malawi as an instrument for horizontal accountability that can be employed by the citizenry, based on ss 15 and 41 of the Constitution, for more effective and proactive oversight, as opposed to an ex post facto mechanism exercised by the Ombudsman in terms of s 123 of the Constitution. The central argument of this paper is that those who exercise a public duty do so based on people’s sovereignty and they have an obligation to account to the people for the exercise of State authority. The paper concludes that public duty is a corollary of democratic accountability, and both derive from the protection of individual rights and the rule of law.
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Leijten, Ingrid. "Human rights v. Insufficient climate action: The Urgenda case". Netherlands Quarterly of Human Rights 37, n.º 2 (24 de abril de 2019): 112–18. http://dx.doi.org/10.1177/0924051919844375.
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Climate change is a human rights issue, but what exactly can courts require States to do in this regard? This contribution discusses the Dutch Urgenda case, in which the Court of Appeals recently found a violation of Articles 2 (right to life) and 8 (right to respect for private and family life) of the European Convention on Human Rights and ordered the State to reduce greenhouse gas emissions by 25% by 2020. Looking at the case law of the European Court of Human Rights on environmental issues, as well as the nature of positive obligations, it appears that Urgenda involves a more abstract situation and a more precise positive obligation than is usually the case in human rights adjudication. Because ex post facto complaints are no solution, and in light of the growing number of Urgenda-like cases pending before (international) courts, efforts need to be made to ensure that human rights `fit' climate change cases and courts can provide effective protection in this regard.
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Ndiung, Sabina y Fransiskus Nendi. "Mathematics Connection Ability and Students Mathematics Learning Achievement at Elementary School". SHS Web of Conferences 42 (2018): 00009. http://dx.doi.org/10.1051/shsconf/20184200009.
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The orientation of education nowadays should be in line with the fulfillment of 21st century demand which encourage learners to perform the originality of human resources quality. This research aims to know whether there is effect connection mathematics ability toward student’s mathematics learning achievement and to know the contribution of connection mathematics ability toward student’s mathematics learning achievement at the elementary school. Respondent in this research were 35 students at Watu Weri state elementary school. Proportionate stratified random sampling technique was applied in collecting sample. The research design was ex-post facto. Data were collected through test and documentation. Data were analyzed by linear regression. The research result shows that there was significant effect mathematics connection ability toward student’s mathematics learning achievement. The contribution of mathematics connection ability toward students mathematics learning achievement was 21,9% . This result indicates that high or law student’s mathematics learning achievement significantly affected by their mathematics connection ability.
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Moses, JONAH Ngbomowa y AARON Clinton Chika. "Environmental Accounting Disclosure and Market Value of Listed Food and Beverages Companies in Nigeria". Journal of Accounting and Financial Management 9, n.º 6 (12 de septiembre de 2023): 65–79. http://dx.doi.org/10.56201/jafm.v9.no6.2023.pg65.79.
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The study determined the relationship between environmental accounting disclosure (EAD) and market value of shares listed in food and beverages companies in Nigeria. It adopted an ex-post facto research design, while secondary data collected from 10 selected food and beverages companies listed on Nigeria Stock Exchange Annual Reports were used. Content analysis of environmental accounting disclosure was carried out. Mean, standard deviation, multiple regression and Pearson product-moment correlation were adopted in the analysis of the data, aided by SPSS version 22.0. The empirical findings showed that environmental accounting disclosure (EAD) had a significant relationship with market value of shares. Environmental pollution and control policy (EPC) and cost of compliance with environmental law (CEL) had a positive significant relationship with earnings per share. However, EPC and CEL did not have any influence on book value equity per share. The study concluded that there is a need for firms to disclose environmental accounting information, as it helps to improve the market value of firms.
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Audu, Solomon Ibrahim y Kolawole Olayemi Babatayo. "Accountability and revenue generation in Nigeria". Research Journal of Business and Economic Management 6, n.º 4 (30 de octubre de 2023): 58–65. http://dx.doi.org/10.31248/rjbem2023.093.
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Nigeria’s tax revenue to GDP has averaged at about 6% until recently when it was reported at 10.68% which is still low compared to developed economies that have an average of 30%. Hence, the focus of this study is to assess the influence of accountability on the level of revenue generation in Nigeria. The research design used in this study is the ex post facto research design. The study covered a twenty-year period which spans from 2002 to 2021. Multiple regression was used to analyze the data in the study. The result of the analysis showed that government effectiveness, regulatory quality and the rule of law all have a positive influence on oil revenue in Nigeria. It also revealed that political stability, regulatory quality and rule of law all have a positive influence on non-oil revenue in Nigeria. Overall, the results showed that accountability significantly influences oil and non-oil revenue. Hence, the study concluded that accountability has a significant influence on revenue generation in Nigeria. It was recommended that laws be reviewed to reflect the current day realities and as such enhance revenue generation in Nigeria.
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Flores de Carvalho, Josias Ivanildo y Francisco Kennedy Silva dos Santos. "Formação inicial de professores de geografia por meio do PIBID". Ateliê Geográfico 16, n.º 2 (20 de agosto de 2022): 172–88. http://dx.doi.org/10.5216/ag.v16i2.70941.
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O objetivo geral deste artigo é compreender o papel do Programa Institucional de Bolsa de Iniciação à Docência – PIBID na formação inicial de professores de Geografia para a Educação Básica na contemporaneidade. A abordagem empregada nesta pesquisa é a qualitativa, do tipo ex-post-facto. Diante da análise e da avaliação realizada por meio das respostas obtidas junto aos egressos da área de Geografia, do PIBID/Subprojeto-Interdisciplinar, do Campi Mata Norte da UPE, concluiu-se que o PIBID proporcionou uma formação diferenciada e atenta as demandas das escolas, dos alunos, dos licenciandos, por meio de objetivos que privilegiam a formação docente para uma melhor qualificação profissional. Palavras-chave: Programa Formativo. Inovação na Docência. Ensino de Geografia.
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Torres-Gordillo, Juan-Jesús y Paloma Belinda García-Martínez. "Employment Training at the University: Employment Expectations in Times of Pandemic". Sustainability 14, n.º 11 (24 de mayo de 2022): 6398. http://dx.doi.org/10.3390/su14116398.
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This study analyses the job expectations found in early childhood education students as well as the main personal and academic aspects that influence their training during the COVID-19 pandemic. A nonexperimental ex post facto study based on a descriptive, correlational and inferential approach is developed. A total of 168 students from the University of Seville (Spain) participated. The results show a moderate to high level of expected employability. However, salary expectations and how the university is perceived regarding employability reveal more negative data. Expectations are higher for men, first-year students and those from a high socioeconomic background. The results suggest the value of offering guidance to students according to their employment preferences, before and during their training, to avoid considering the university as the only educational institution available.
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Behera, Dibyajyoti. "Attitude and Opinion of the Farmers towards Regulated Market, A Case of Balasore District". Indian Research Journal of Extension Education 22, n.º 2 (1 de abril de 2022): 169–72. http://dx.doi.org/10.54986/irjee/2022/apr_jun/169-172.
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A regulated market is set up under the law either for a specifi c commodity or a group of commodities set up under the APMC Acts of State governments. The main aim of the study is to fi nd out the attitude and opinion of the farmers towards the regulated market in the Balasore district. The study was carried out with a multistage random sampling technique a total number of 90 responding farmers were selected for the study. An ex-post-facto research design was applied for the study. The collected data were classifi ed, tabulated, and analyzed on the basis of the objectives with the intention of making the fi ndings meaningful. In the study area majority of respondents were having a moderate level of attitude and opinion towards regulated markets, which might be because of poor marketing information, distance from regulated markets, lack of institutional support system, etc. In some parts of the study area, diff erent schemes to improve commodity marketing facilities have been installed by Govt. e-NAM has to go still a far away.
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Gbanador, Monday A., Emmanuel U. Makwe y Mark C. Okonma. "Money Market and Economic Growth in Nigeria: An Autoregressive Distributed Lag Approach". INTERNATIONAL JOURNAL OF SOCIAL SCIENCES AND MANAGEMENT RESEARCH 9, n.º 4 (16 de septiembre de 2023): 73–83. http://dx.doi.org/10.56201/ijssmr.v9.no4.2023.pg73.83.
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This study investigated the impact of money market on the economic growth in Nigeria, 1991- 2020. The ex-post facto research design was adopted for the study. The Gross domestic product (GDP) was used as proxy for economic growth while Treasury bills, Commercial papers (CP) and Bankers’ acceptances (BA) were used as proxy for the money market variables. Tests such as descriptive analysis, unit root, bounds test for cointegration, ARDL, serial correlation, heteroskedasticity and granger causality tests were conducted. The results revealed that there is a significant but positive impact of TB, CP, BA on the GDP. The study recommended that that the Monetary authority should initiate policies that would encourage Money market operations while CBN surveillance role should be proactive in order to check practices that could undermine or sabotage market integrity and soundness
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Wessel, Ramses A. y Guillaume Van der Loo. "The non-ratification of mixed agreements: Legal consequences and solutions". Common Market Law Review 54, Issue 3 (1 de mayo de 2017): 735–70. http://dx.doi.org/10.54648/cola2017059.
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The 2016 referendum in the Netherlands on the EU-Ukraine Association Agreement and the Walloon objection in Belgium to sign CETA triggered the question of the consequences of the non-ratification of mixed agreements that are (to be) concluded between the EU, its Member States and one or more third parties. This non-ratification would lead to so-called “incomplete” mixed agreements. The present article discusses the legal problems connected to incomplete agreements and points to the differences between bilateral and multilateral agreements. Now that mixity seems to be have become more common – due to the wider scope of Free Trade Agreements – and EU citizens and their parliaments become more outspoken with respect to the content of these agreements, it seems just a matter of time before we are faced with problems of non-ratification. The unclear division of external competences between the EU and its Member States makes it difficult to offer clear-cut solutions. Overall, however, it does not seem advisable to rely on ex post facto solutions for non-ratification problems; we may have to find ways to allow potential problems to be on the negotiation table at an earlier stage.
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Adedeji, Ramota Abidemi y Olalekan Oladapo Akinrinola. "THE NEXUS BETWEEN CORPORATE GOVERNANCE AND FINANCIAL PERFORMANCE OF LISTED INDUSTRIAL GOODS COMPANIES IN NIGERIA". Caleb International Journal of Development Studies 05, n.º 02 (3 de diciembre de 2022): 143–61. http://dx.doi.org/10.26772/cijds-2022-05-02-07.
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This study examines the nexus between corporate governance and the financial performance of listed industrial goods companies in Nigeria. The study adopted ex-post facto research design using secondary data derived from the audited financial statement of ten (10) companies from 2012-2021. The study concluded that there is a strong positive correlation between the board structure of listed firms in Nigeria and their financial stability particularly when performance is measured using tobin’s q or return on equity metrics. Board audit committee have the greatest positive effects while board equity interest has a detrimental but minor impact. The study recommended that nation’s producers of industrial goods should set up a review procedure that would support steadily increasing performance, ensuring that the board structure's architecture is flexible enough to withstand the text of time. Companies should build systems to regularly monitor the percentage of the board’s equity interest in relation to the total number of exiting firms share.
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OLOGUN, Olubunmi Veronica, Amaraechi Patience ISENMILA y Sunday Amos ADEUSI. "BOARD ATTRIBUTES, IFRS ADOPTION, AND TIMELINESS OF FINANCIAL REPORTS AMONG NIGERIAN LISTED FIRMS". International Journal of Business Management and Economic Review 05, n.º 02 (2022): 80–97. http://dx.doi.org/10.35409/ijbmer.2022.3372.
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This study examines the relationship between the board attributes and timeliness of financial reports upon International Financial Reporting Standard (IFRS) adoption in Nigeria. The study compares the pre and post-IFRS relationship between board attributes and the timeliness of financial information, proxy by Audit Report Lag (ARL), among Nigerian listed companies. An ex-post facto research design and the estimation technique of Panel Generalized Least square (PGLS) were used to analyze the secondary data sourced from the audited published annual financial reports of 57 sample firms, purposively selected across all sectors of the NSE from 2006 to 2018. The population of the study was comprised of all firms listed firms on the Nigerian Stock Exchange (NSE) as of December 2019, totaling 165. The study found that IFRS is a dummy variable that distinguishes the two periods: the pre- IFRS period of 2006-2011 and the post-IFRS of 2013-2018. The coefficient of IFRS being statistically significant suggests that IFRS adoption seems to be more effective in the relationship between the board attributes and the timeliness of financial reports in the post-IFRS period. Board attributes, particularly board independence and board gender diversity, also increased ARL post-IFRS. The study suggested a holistic review of the board requirements by the regulatory body, SEC, among others.
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Muda, Iskandar, Karina Valisia Davis, Erlina Erlina, Azizul Kholis y Gusnardi Gusnardi. "Audit Lag Criteria Report as a Determination of the Reliability and Quality of Auditor's Report in Indonesia". Research in World Economy 11, n.º 6 (8 de octubre de 2020): 96. http://dx.doi.org/10.5430/rwe.v11n6p96.
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This paperaims to knowthe quality indicatorsof the financial statements which consist of profitability, solvency and reputation of Registered Public Accountant (KAP)to the audit lagwith company size as a moderation variable either partially or simultaneously in LQ45 companies. This research is a comparative causal research with ex post facto approach. Purposive sampling technique is used in this research and there are 18 samples collected by this technique from LQ45 in Indonesia Company Issueryear 2010-2016. The data analyzed research is 126. Data analysis technique used Moderated Regression Analysis (MRA) with the Application ofEviews Software. The study concluded thatstudy showed that solvency, reputation of the public accounting firm and company size had a significant effect on Audit Lag, while profitability had no significant effect on Audit Lag. The size of a company able to moderate the effect of independent variablesto the Audit Lag and not haveto moderate the effect of the profitability to the Audit Lag.
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de la Fuente, Jesús, Francisco Javier Peralta-Sánchez, José Manuel Martínez-Vicente, Flavia H. Santos, Salvatore Fadda y Martha Leticia Gaeta-González. "Do Learning Approaches Set the Stage for Emotional Well-Being in College Students?" Sustainability 12, n.º 17 (27 de agosto de 2020): 6984. http://dx.doi.org/10.3390/su12176984.
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The research aim of this paper was two-fold: to generate evidence that personality factors are linear predictors of the variable approaches to learning (a relevant cognitive-motivational variable of Educational Psychology); and to show that each type of learning approach differentially predicts positive or negative achievement emotions, in three learning situations: class time, study time, and testing. A total of 658 university students voluntarily completed validated questionnaires referring to these three variables. Using an ex post facto design, we conducted correlational analyses, regression analyses, and multiple structural predictions. The results showed that Conscientiousness is associated with and predicts a Deep Approach to learning, while also predicting positive achievement emotions. By contrast, Neuroticism is associated with and significantly predicts a Surface Approach to learning, as well as negative achievement emotions. There are important psychoeducational implications in the university context, both for prevention and for self-improvement, and for programs that offer psychoeducational guidance.
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Mohan, Ishvar, Vivian B, Gokul T y V. D. Swaminathan. "Psychosocial Predictors of Suicidal Ideation among School going Adolescents in Chennai". YMER Digital 21, n.º 06 (27 de junio de 2022): 963–73. http://dx.doi.org/10.37896/ymer21.06/95.
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According to the National Crime Records Bureau (2020), Tamil Nadu ranked second in terms of student suicides in the country after Maharashtra. Student suicides spiked all over the country, contributing to 8.2% of deaths in India. It becomes necessary to understand predictive/risk and protective factors of Suicidal Ideation that might help in preventing adolescents from committing Suicide and empower them and their caregivers. The current study aims at understanding the influence of Emotional Intelligence, Quality of Interpersonal Relationships between parents and adolescents and Social Isolation on Suicidal Ideation among adolescents in Chennai. Furthermore, the study attempts to fill a relative dearth of culturally relevant studies. Earlier studies have suggested that Parenting, Interpersonal Relationships and Isolation were indicative of Suicidal Ideation while other studies posited that Emotional Intelligence was a protective factor against Suicidal Ideation. An ex-post facto research design was used for this research. Convenience sampling method was used to select samples from various schools across Chennai (n=196). The data was subjected to statistical analyses and the findings showed that dimensions of Emotional Intelligence and Quality of Relationships with parents showed strong relationships with Suicidal Ideation among adolescents. Regression analysis showed that Specific dimensions of Emotional Intelligence and Quality of Relationships with parents emerged as significant predictors of Suicidal Ideation. Keywords: Adolescence, Suicide, Parenting, Quality of Interpersonal Relationships, Isolation, Emotional Intelligence, Suicidal Ideation
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David, Sonia y Dr Uma Warrier. "The Effect of Perceived Optimism on Body Image of Indian Young Adults". YMER Digital 20, n.º 12 (15 de diciembre de 2021): 281–302. http://dx.doi.org/10.37896/ymer20.12/26.
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Optimism is associated with positive body image as it exerts it’s influence on positive body image through an expectancy judgment about the likelihood of acquiring a feared fat self. The study aims to understand and determine how individuals’ perceived optimism affects body image among young adults. The quantitative study uses an Ex Post Facto Correlational Design conducted on Indian young adults between 18-40 years old. The Body Image Avoidance Questionnaire (BIAQ) and the Positivity Scale were administered to the 508 participants through an online survey format. The quantitative analysis involved descriptive statistics and Pearson’s Correlation Coefficient in measuring the association between perceived optimism and body image. The study findings imply sufficient evidence to conclude a linear relationship between perceived optimism and body image because the correlation coefficient is significantly different from 0. The body image avoidance is weakly but negatively correlated with perceived optimism amongst the participants. This study aids and contributes to the repertoire of body image and positive psychology research. It also helps explore individual differences in the orbits of perceived optimism and body image as lockdown procedures helped alleviate the understanding of the complete psychological impact of the COVID-19 pandemic.
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Lorenzo-Lledó, Alejandro, Asunción Lledó y Gonzalo Lorenzo. "Cinema as a Transmitter of Content: Perceptions of Future Spanish Teachers for Motivating Learning". Sustainability 12, n.º 14 (8 de julio de 2020): 5505. http://dx.doi.org/10.3390/su12145505.
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In recent decades, the diverse changes produced have accelerated the relationships regulated by media. Cinema was able to bring together moving image and sound for the first time, and as a result of its audiovisual nature, it is a particularly suitable resource for motivation in education. In this light, the teacher’s perception for its application in its initial formal stage is highly relevant. The main objective of our research, therefore, has been to analyze the perceptions of cinema as a didactic resource for the transmission of content in preschool and primary education by students who are studying to become teachers themselves. The sample was composed of 4659 students from Spanish universities, both public and private. In addition to this, the PECID questionnaire was elaborated ad hoc and a comparative ex post facto design was adopted. The result showed that over 87% of students recognized the diverse educational potentialities of cinema, with motivation being an important factor. Furthermore, significant differences were found in perceptions according to different factors such as the type of teacher training degree, the Autonomous Community in which the student studied, as well as film consumption habits. On the basis of these results, future application of cinema needs to be applied using the different potentialities detected in our study.