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151 results

Page 1 of 8

  • Democracy, the Rule of Law and Judicial Review

  • David Feldman
  • Journal:
    Federal Law Review / Volume 19 / Issue 1 / March 1990
    Published online by Cambridge University Press:
    24 January 2025, pp. 1-30

  • Justifying judicial review of legislatures and executives in western democracies has become a controversial business. Those aspects of rule of law theory which appear to justify judicial review are attacked as undemocratic, in that they tend to replace the will of the people with the will of the judiciary. Where review is based on a set of constitutionally entrenched rights, those rights themselves are regarded as undemocratic; even supporters of rights-based judicial review have tended to concede that the rights, however desirable in some ways, are restrictions on democratic processes, rather than essential parts of democratic constitutional institutions. This seems unnecessarily defeatist. This article seeks to defend judicial review of executive action and of parliamentary legislation, on the basis of a conception of democracy which embodies certain rights rather than being in a state of tension with them.

    The argument will take the following shape. A sketch of some relevant democratic considerations in Section 1 will conclude with a description of the model of democracy which will form the basis for the remainder of the argument Section 2 will argue that the function of law in providing powers for governments to use entails legal enforcement of the limits of those powers.

  • Well-being domains in U.S. military veterans: identifying modifiable factors to promote whole health

  • Ian C. Fischer, Peter J. Na, David B. Feldman, Alex H. Krist, Harold S. Kudler, Dilip V. Jeste, Robert H. Pietrzak
  • Journal:
    International Psychogeriatrics / Volume 36 / Issue 10 / October 2024
    Published online by Cambridge University Press:
    21 May 2024, pp. 979-985
    • Article
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  • The U.S. Department of Veterans Affairs is actively transitioning away from a disease-centric model of healthcare to one that prioritizes disease prevention and the promotion of overall health and well-being. Described as Whole Health, this initiative aims to provide personalized, values-centered care that optimizes physical, behavioral, spiritual, and socioeconomic well-being. To inform this initiative, we analyzed cross-sectional data from a nationally representative sample of primarily older U.S. military veterans to estimate levels of well-being across these domains, and identify sociodemographic, military, and potentially modifiable health and psychosocial correlates of them. Results revealed that, overall, veterans reported high domain-specific well-being (average scores ranging from 6.7 to 8.3 out of 10), with the highest levels in the socioeconomic domain and lowest in the physical domain. Several modifiable factors, including purpose in life, resilience, and social support, were strongly associated with the examined well-being domains. Interventions targeting these constructs may help promote well-being among U.S. veterans.

  • Identifying significant correlates of purpose in life in older US military veterans: results from the national health and resilience in veterans study

  • Ian C. Fischer, David B. Feldman, Jack Tsai, Ilan Harpaz-Rotem, Katherine A. Lucas, Stefan E. Schulenberg, Robert H. Pietrzak
  • Journal:
    International Psychogeriatrics / Volume 35 / Issue 10 / October 2023
    Published online by Cambridge University Press:
    30 January 2023, pp. 560-565
  • Objective:

    Perceived purpose in life (PIL) has been linked to a broad range of adverse physical, mental, and cognitive outcomes. However, limited research has examined factors associated with PIL that can be targeted in prevention and treatment efforts in aging populations at heightened risk of adverse outcomes. Using data from predominantly older US veterans, we sought to identify important correlates of PIL.

    Methods:

    Cross-sectional data were analyzed from the 2019–2020 National Health and Resilience in Veterans Study, which surveyed a nationally representative sample of 4069 US military veterans (Mage = 62.2). Elastic net and relative importance analyses were conducted to evaluate sociodemographic, military, health, and psychosocial variables that were strongly associated with PIL.

    Results:

    Of the 39 variables entered into an elastic net analysis, 10 were identified as significant correlates of PIL. In order of magnitude, these were resilience (18.7% relative variance explained [RVE]), optimism (12.1%), depressive symptoms (11.3%), community integration (10.7%), gratitude (10.2%), loneliness (9.8%), received social support (8.6%), conscientiousness (8.5%), openness to experience (5.4%), and intrinsic religiosity (4.7%).

    Conclusions:

    Several modifiable psychosocial factors emerged as significant correlates of PIL in US military veterans. Interventions designed to target these factors may help increase PIL and mitigate risk for adverse health outcomes in this population.

  • 23 - Orthodox Principles and Unconventional Outcomes in Public Law

  • from Human Rights and the State
  • Edited by Rosemary Hunter, University of Kent, Canterbury, Erika Rackley, University of Kent, Canterbury
  • Book:
    Justice for Everyone
    Published online:
    05 May 2022
    Print publication:
    26 May 2022, pp 255-268

  • Summary

    This chapter sketches Lady Hale’s contributions to public law, which have four distinctive characteristics. First, she has tried, not always successfully, to extend legal protection for vulnerable people against official indifference or inefficiency. Second, she has combined pragmatism with principle in mapping the frontiers between the competences of tribunals and courts. Third, she has used law to enhance political accountability for executive actions. Fourth, she has extended legal control of special privileges and exceptional powers of political élites. In doing so, she has challenged élite privilege, and given content (not uncontroversially) to constitutional principles, including the rule of law, responsible government, representative democracy and parliamentary sovereignty.

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