Opportunities to enhance relational wellbeing through the National Disability Insurance Scheme: Implications from research on relationships and a content analysis of NDIS documentation

Interpersonal relationships are critically important to ensuring that people with disability can access the benefits of individual funding models such as the National Disability Insurance Scheme (NDIS). The NDIS aims to enhance participants’ self‐determination of supports and social and economic participation, but the emerging evidence indicates that achieving these policy outcomes requires stronger recognition of participants’ relational context, even in a system focused on individual choice and control. This paper reports on a content analysis of the NDIS Act, NDIS Rules, Operational Guidelines, and Price Guide to examine the extent to which the scheme's conceptual foundations and funded supports in individual plans enable it to support relationships. Implications are drawn from this analysis and theory and evidence about the importance of relationships for disability policy and practice. The paper outlines three areas where the approach of the NDIS to relationships is limited and can be improved: first, by conceptualizing relationships as relationships rather than simply sources of informal support; second, through provisions to actively support relationships; and third, by considering the relational appropriateness of support provided by family, carers, and friends. It concludes with suggestions for how relational considerations can be enhanced, including implications for government in administering the scheme.     

Who cares about human rights? Public opinion about human rights foreign policy

Literature on foreign aid and human rights often presupposes that constituents favor using foreign policy to promote human rights abroad and lead elected policymakers to pursue such policies to retain electoral support. This assumption, although frequently asserted, has not been empirically evaluated. And there are reasons to be skeptical about whether public opinion supports human rights foreign policy compared to other policy objectives. This article explores US public opinion about human rights, by asking two questions: Does the public think human rights should factor in foreign aid decisions and does the context—the strategic or economic relationship between the donor and recipient—affect this? This article uses results from a nationwide experimental survey to evaluate these questions. I find that the majority of respondents support cutting aid to punish human rights violators and that this depends minimally on the importance of the recipient.     

Accountability in Public Service Quasi‐markets: The Case of the Australian National Disability Insurance Scheme

Australia's National Disability Insurance Scheme (NDIS) represents the latest in a worldwide shift towards individualised funding models for the delivery of care services. However, market‐based models for care deliveries bring new considerations and dilemmas for accountability. Drawing on previous work by Dickinson et al. (2014), we examine a range of accountability dilemmas developing within the early implementation of the NDIS. These relate to accountability for the following: care outcomes, the spending of public money, care workers, and advocacy and market function. Examining these accountability dilemmas reveals differences in underpinning assumptions within the design and on‐going implementation of the NDIS, suggesting a plurality of logics within the scheme, which are in tension with one another. The contribution of this paper is to set out the accountability dilemmas, analyse them according to their underpinning logics, and present the NDIS as having potential to be a hybrid institution (Skelcher and Smith 2015). How these dilemmas will be settled is crucial to the implementation and ultimate operation of the scheme.     

Will the National Disability Insurance Scheme Improve the Lives of those Most in Need? Effective Service Delivery for People with Acquired Brain Injury and other Disabilities in Remote Aboriginal and Torres Strait Islander Communities

The aims of National Disability Insurance Scheme (NDIS) are to provide long‐term, person‐centred care and support to all Australians with a significant and ongoing disability, including individuals with an acquired brain injury (ABI). The scheme has significant potential to provide equitable opportunity of access to health and disability services. Historically, however, service provision in remote and outer regional areas of Australia lags behind more densely populated centres. Aboriginal and Torres Strait Islanders living with disability are already significantly marginalised. Further to this, people with an ABI are very often misunderstood and overlooked by disability services, health professionals and governments, and frequently fall victim to the criminal justice system. This paper provides an overview of the state of ABI disability for Aboriginal and Torres Strait Islanders in remote and outer regional settings, and the present sets of barriers they face to obtaining quality care and effective interventions. A significant opportunity has emerged with the advent of the NDIS but equitable benefit can only be achieved if additional and specialised measures are devised and implemented to appropriately screen for, and assess, incidence of ABI; disability services are appropriately resourced to overcome the pre‐existing disadvantage, and education, training and recruitment of Aboriginal and Torres Strait Islanders with the NDIS is undertaken to lead attitudinal changes in community to disability and health services. This paper concludes with recommendations for the NDIS to meet its laudable objectives.     

Analysing Choice in Australian Individual Funding Disability Policies

The Australian National Disability Insurance Scheme (NDIS) will allocate funding packages to people with disability who are assessed as needing paid support. The NDIS is an example of individual funding, which is currently not the dominant way of organising disability support in Australia. Individual funding aims to increase opportunities for personal choice. We present a framework for understanding current individual funding policies in each Australian jurisdiction according to two policy dimensions that potentially enable greater personal choice for people with disability: who holds their allocated funds and where support can be purchased. The findings show wide disparities in choice across the country, particularly due to constrained funds and the shortage of support to purchase in regional areas. The analysis demonstrates that NDIS implementation will need to consider that, while individual funding can be empowering for some people with disability, enabling choice can be challenging for administrators and service providers.     

The implementation of complex social policy: Institutional layering and unintended consequences in the National Disability Insurance Scheme

In this article, we identify the unfolding unintended consequences which flow from one instance of policy layering in Australia's National Disability Insurance Scheme (NDIS). We show how use of a causal diagram, which highlights feedback loops and emergent properties, to map complex chains of causal factors can assist policy scholars and policy practitioners to understand the likely direction of change and possible responses. In the case of Australia's National Disability Insurance Scheme, our analysis suggests that the likely direction of change will work against two of the fundamental design features of the NDIS: providing participants with more choice and control, and ensuring all eligible Australians are able to access appropriate services and supports regardless of where they live. Our analysis points to the use of price regulation as the site of potential intervention because of the role it plays in subsequent feedback loops and the development of the two, unwelcome, emergent properties.     

Evidence for Tackling the Complexities of Water Governance

Water policy and management decisions are increasingly challenged by uncertainties associated with climate change, changing demographics, and social values. This article discusses how research by water governance scholars supports and complements Rob M. Skinner's arguments about the complexities of water planning and policy making and the importance of stakeholder engagement. Specifically, it focuses on how this decision‐making context shapes the ways in which evidence is used and understood in water governance. To conclude, this article draws lessons for practitioners about the limitations of using evidence in water governance.     

The domestic origins of human rights trials: A case study of the Second Boer War

What explains decisions taken by states around the world to prosecute members of their own armed forces for human rights violations? The dominant trend in existing literature suggests that a “justice cascade” best explains the growing prevalence of human rights trials. However, while norm diffusion offers some explanatory power in the contemporary era, other mechanisms are necessary to explain many early human rights trials. Through an analysis of one of the first recorded instances of what we now term “human rights trials” — the court-martials of six British Empire officers for the murder of POWs, civilians, and a missionary in the Second Boer War — this article identifies other crucial mechanisms driving prosecutions that retain relevance in the contemporary era. I find that signaling to domestic audiences, both at “home” and in recently conquered territories, can be critical motivators in elite or government decisions to pursue human rights trials.     

The changing role of the federal and state courts in safeguarding the rights of the mentally disabled

From the mid-1960s until the early 1980s, federal courts havegreatly expanded the rights of persons who have been institutionalizedfor treatment of mental illness. The rights have included dueprocess in commitment proceedings, provision of services, andtreatment in the least restrictive environment. Federal courtshave based their decisions on federal statutes and constitutionalprinciples of due process, equal protection, and protectionfrom harm. More recently, however, the U.S. Supreme Court haseffectively closed the federal courts as a forum for advancingthe rights of the mentally disabled. Federal courts must, inessence, defer to the states for decisions about treatment ofthe mentally disabled. State courts may decide what servicesare required under state law, while state mental health officialsmay decide specific treatment questions for individual patients.Consequently, advocates for the mentally disabled are turningto state courts to advance client rights. In 1984 two significantcases decided by the New York State Court of Appeals have thepotential for significantly expanding the rights of the mentallydisabled.     

The Values Shaping Australian Asylum Policy: The Views of Policy Insiders

Drawing on interviews with former political leaders and senior public servants, this article maps the values that have guided asylum policy decisions over the past three decades. The findings support the view that a culture of control permeates policy decisions, but pushing deeper, that policy‐maker perceptions of asylum issues are shaped by two primary values: nation building and good governance. Values that tend to preoccupy policy critics, for example human rights, compassion, international legal obligations and national character, are by no means absent, but are subsumed within and harnessed to the desire to be a good engineer and responsible governor. The study adds to the insights required for constructive dialogue between governments and refugee advocates, and affords a comprehensive framework within which asylum policy can be understood and analysed.     

Emprising revival of Telangana power sector: Analysis from an Indian state

The paper discusses the new 24‐hr power supply to agricultural sector scheme of Telangana state in India. The first of its kind scheme that is fully funded by the state government set a new example for agrarian states in India. The paper explains the energy demand and supply management, fiscal and infrastructural preparedness of the scheme along with environmental concerns. The primary survey report from two villages testifies people's aspirations about the new scheme. Rational power consumption by farmers is identified as key factor of this scheme that will enable government to overcome challenges on sustainability of the scheme.     

Federal Grants, Earmarked Revenues, and Budget Crowd-Out: State Highway Funding

This paper examines the potential for budget crowd-out in state highway financing. Highway projects are funded primarily through state earmarked tax revenues and federal highway grants. Theoretically, these two sources of revenues could crowd-out state general funds, freeing up these funds for other uses. Previous studies of highway funding show little evidence of significant crowd-out, providing support for the "flypaper effect." The empirical model of this paper better controls for the endogeneity of federal highway grants and state earmarked highway revenues than previous studies and results suggest little to no crowd-out. Also, our study concludes that state budgeting decisions in the post-Intermodal Surface and Transporation Efficiency Act era still support the "flypaper effect."     

Flawed attacks on contemporary human rights: Laudan,Sunstein, and the cost-benefit state

After giving a brief account of human rights, the paper investigates five contemporary attacks on them. All of the attacks come from two contemporary proponents of the cost-benefit state, attorney Cass Sunstein and philosopher Larry Laudan. These attacks may be called, respectively, the rationality, objectivity, permission, voluntariness, and comparativism claims. Laudan's and Sunstein's rationality claim (RC) ist that only policy decisions passing cost-benefit tests are rational. Their objectivity presupposition (OP) is that only acute, deterministic threats to life are objective. Sunstein’s permission claim (PC) is that regulators are merely permitted, 3 not required, to take distributive and human rights concerns into account. Sunstein’s 3 voluntariness claim (VC) is that the consent of potential victims is not relevant to government regulations about risks and benefits. Laudan’s comparativism claim 3 (CC) is that there are no rules of thumb, no precomparative norms like human rights, for assessing theory choice in policy science. The paper analyzes each of these claims, shows how they undercut human rights, and argues that each of them errs.     

The Judicial Theory of a Reasonable Public Servant

Contemporary theory of the constitutionally reasonable public servant, established by the U.S. Supreme Court in 1982 in Harlow v. Fitzgerald, is measured in reference to clearly established constitutional or statutory rights that a reasonable person would have known. In this article, the author seeks to elucidate the evolving contours of the objective reasonableness standard and examines how federal courts have applied it. To gain a firsthand impression of how public officials challenged in federal courts are measuring up to the objective reasonableness standard, the author provides a snapshot of 449 recent court cases selected from two federal circuits, the Eighth and the District of Columbia circuits. He concludes that public officials in these two circuits have fared very well under the standard of objective reasonableness. The flip side is that aggrieved individual citizens must carry a heavy burden to protect their constitutional rights.     

Technocracy,the market and the governance of England's National Health Service

England's National Health Service, the fifth largest employer in the world, has become heavily influenced by expert authority and the market economy, which has had implications for accountability and the receptiveness of health decisions to stakeholder needs. One response has been the introduction of a range of regulatory provisions designed to facilitate effective governance and stakeholder engagement. These provisions are scrutinized using three conceptual devices: core accountability, social reporting and social learning. These devices have significant implications, as they enable technical experts to form closed communities, communicate among themselves mainly about economic and financial matters, and make decisions that aid the market without meaningful recourse to citizens. While technical experts are necessary to help manage complex areas, current arrangements reinforce an existing gap between economic and democratic values through hardened technocratic approaches to health care governance.     

Political Support: Social Capital, Civil Society and Political and Economic Performance

This article assesses two main theories of the decline of political support that is found in many western democracies. The first is society centred and built on the concepts of social capital, trust and civil society. The second is politics centred and focuses on the performance of government and the economy. The two theories are not necessarily incompatible, but they are usually treated in a mutually exclusive way. In this article they are tested against a combination of aggregate cross-national comparative data and detailed case studies of four countries that have suffered exceptional decline of political support for politicians, political institutions and the systems of government. The puzzle is that cross-national comparative evidence about a large and diverse number of nations supports social capital theory, whereas in-depth study of four countries that have experienced substantial decline of political support does not. The erosion of support coincides in all four with poor economic and/or political performance. A way of reconciling the two theories and their supporting evidence is suggested, arguing that while social capital is a necessary foundation for democratic support, it is not a sufficient cause.     

Public Opinion, Risk Assessment, and Biotechnology: Lessons from Attitudes toward Genetically Modified Foods in the European Union

Proponents of biotechnology argue that citizens' opposition to innovations such as genetically modified (GM) foods is rooted in emotionalism, media and nongovernmental organizations' distortions of good science, and scientific ignorance. Critics charge that this "risk management discursive" is too reductionist, exaggerates scientific capacity, inappropriately privileges scientific values over social and political values, and inaccurately captures how citizens evaluate biotechnology. This article uses ordered logit analysis applied to the responses of Europeans to a 2005 Eurobarometer survey to test the validity of these competing perspectives in the area of GM foods. Our analysis supports the arguments of those calling for the inclusion of broader discursive social, political, and cultural elements in deliberations over GM foods. Analysis also shows that citizens are less emotional in evaluating GM foods than proponents claim and supports this "new politics of knowledge" perspective, but citizens also cling more tightly to hopes that science can resolve debates with objective analysis.     

Foreign aid in the making of economic policy in Sri Lanka, 1977–1983

The paper analyzes the interaction between inflows of foreign aid and the character of the economic policies pursued by the Sri Lankan government between 1977 and 1983. Aid did not support the policies of liberalization and balanced public investment that were preferred by donors. Rather it enabled the Sri Lankan government to push forward with the Mahaweli irrigation scheme on a scale that worked against both liberalization and other components of public investment. The process that led to the adoption and funding of the Mahaweli scheme and continued support for that scheme even after its impact on the overall economic program had become apparent is examined in detail, with particular emphasis on the decisions and behavior of both the Sri Lankan government and of aid donors.     

Religion and Fundamental Rights in European Politics: Convergences and Divisions at the European Parliament

European legislators must increasingly deal with issues related to fundamental rights. Religion is a frequent topic obliging them to do so. It is not directly part of the EU’s competences but is a source of values underlying policy choices and a tricky political object. Relying on the findings of a survey about what Members of the European Parliament (MEPs) believe and what they do with these beliefs, the article analyzes potential tensions created by religion in the implementation of human rights by the EU. A first part shows how and to what extent European law meets religion, and how it leaves ample room for flexibility but also for divergent interpretations. A second part states that MEPs agree largely on the principle of separation between politics and religion, but may be divided when it comes to drawing boundaries between the two domains. The conclusion points out the limits of the rule of law to prevent conflicts and suggests that human rights may inspire support as well as cause resistance to Europeanization.     

Performing the Nation: Contesting Same-Sex Marriage Rights in the United States

Public opinion polls, Supreme Court decisions, and changes in federal and state law suggest that the United States is witnessing a support for lesbian, gay, bisexual, and transgender (LGBT) rights today that few would have predicted five years ago. This article offers a critical assessment of that growth as it is manifest in the context of marriage equality. It shows that efforts to advance same-sex marriage rights, while offering an important challenge to oppositional arguments, actually rely on norms quite similar to those of marriage equality opponents. Both advocates and opponents envision and enact the kind of citizenship appropriate to national health and identity in surprisingly similar ways. Both reinforce a set of norms, laws, and practices that make the right to marriage almost synonymous with family and responsible parenting. Such a consolidation of repronormativity may have troubling consequences for efforts to advance LGBT rights at home and abroad.