Six Amendments: How and Why We Should Change the by John Paul Stevens

By John Paul Stevens

For the 1st time ever, a retired perfect courtroom Justice bargains a manifesto on how the structure must switch.

By the time of his retirement in June 2010, John Paul Stevens had develop into the second one longest serving Justice within the background of the very best court docket. Now he attracts upon his greater than 3 many years at the court docket, in which he used to be concerned with a few of the defining judgements of the fashionable period, to provide a e-book like none different. SIX AMENDMENTS is a completely remarkable name to fingers, detailing six particular ways that the structure can be amended that allows you to guard our democracy and the security and wellness of americans.

Written with an analogous precision and style that made Stevens's personal court docket critiques mythical for his or her readability in addition to common sense, SIX AMENDMENTS is a outstanding paintings, either as a result of its exceptional nature and, in an age of partisan ferocity, its inarguable good judgment.

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For example, the construction of the Pak Mun Dam on a tributary to the Mekong River in Thailand did not include public participation in the assessment process. Although the dam was completed in 1994, the communities affected by the dam have objected to the compensation that they view as inadequate, and the unexpected costs have increased the dam’s overhead, altering the cost– benefit analysis (Kaosa-ard et al. 1998; Taylor 1994). In contrast, involving the public in managing international watercourses can improve the credibility, effectiveness, and accountability of governmental decision-making processes (Environmental Law Institute 1991, 1992, 1993).

This project will enable South Africa to save on the capital and operational cost of transferring water from the Orange, downstream of Lesotho, to the Vaal River by bypassing Lesotho on the western side. In return for this saving, South Africa will pay a unit cost for the water as well as royalties to Lesotho for the next 50 years, after which the royalties will be renegotiated. All the other water developments that took place in South Africa and Namibia were downstream of Lesotho. South Africa, which was the Mandatory of the Territory of South West Africa between 1920 and 1990, acted as administrator for Namibia and there was no sovereign state with which to negotiate regarding utilization of the waters of the Orange River downstream of Lesotho.

This is particularly true of cost-sharing public involvement, but also of the empowerment approach. By allowing a wide range of members of the public to express their views regarding a proposed project or an unresolved issue, the decision makers can expand the knowledge base for decisions. People in communities frequently know the local environmental, agricultural, and social conditions more intimately than do government agencies; this is particularly true for transboundary decisions. Decisions affecting international watercourses frequently are made by government officials who sit far from the waters in question.

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