ADMINISTRATIVE LAW AND JUDICIAL REVIEW – THE PRACTICAL EFFECTS QF DEVELOPMENTS OVER THE LAST 25 YEARS ON ADMINISTRATION IN CENTRAL GOVERNMENT

The writer of this article served in the legal civil service from 1951–1984, mainly in the Board of Trade and its successor departments but from 1980–1984 as Treasury Solicitor. The article reflects his personal views based on this experience. Its theme is that, although access to the courts has been made easier for the citizen aggrieved by an administrative decision, and court procedure has been greatly improved, the course of administration has been less dramatically affected – in fact little, if at all, by some important earlier cases. Nevertheless the spirit of administrative law is now becoming more widely diffused, the areas which are not subject to review are becoming less and a number of specific doctrines have been developed which affect administration. The following are particularly emphasized: (1) the courts’restrictive view of the ‘Wednesbury’ doctrine and their tendency to find other grounds to overide decisions which they find objectionable or unreasonable – a tendency which causes real administrative difficulty; (2) the recently enunciated doctrine of legitimate expectation whose limits are uncertain but which may have considerable effect on administration in future; and (3) the requirement that a person affected by a policy should be given an opportunity to show that he is a special case. Finally the writer has to emphasize that his personal experience ended in August 1984 when he retired. In a large organization such as the civil service a change of ethos is slow. He is assured by some, particularly Mr John Bailey cb , his successor as Treasury Solicitor, who has read this article in draft, that he understates the degree to which concepts of administrative law are infusing the whole spirit of administration, and even more directly, the short-term effects in individual departments such as the Department of the Environment which has been the subject of long-running campaigns directed by other bodies against it through the courts.     

POLICE DISRESPECT TOWARD THE PUBLIC: AN ENCOUNTER‐BASED ANALYSIS*

We use observations of police encounters with 3,130 suspects in Indianapolis and St. Petersburg to estimate three influences on police disrespect: how suspects behave, their personal characteristics, and the location of the encounter. Logistic regression models show that suspects' behaviors were the most powerful predictors, but the suspect's sex, age, income, and degree of neighborhood disadvantage were also significant. Minority suspects experienced disrespect less often than whites (statistically significant in the hierarchical analysis controlling for degree of neighborhood disadvantage). These effects are concentrated in St. Petersburg, where the chief had made the suppression of police abuses a visible priority. The findings offer partial confirmation of Donald Black's theory of law.     

POLICY DIFFERENCES WITHIN THE UNITED KINGDOM: THE CASE OF HOUSING POLICY IN NORTHERN IRELAND 1979–89

This article examines, through a case study of housing, the extent to which national housing policies under the Thatcher government were modified or deflected at the N. Ireland regional level. Three aspects of housing policy - housing expenditure, public sector rents and the 'right-to-buy' legislation are considered and the roles of key actors within the territorial community described. Although similarities with GB housing policy emerge, there is evidence of a distinctive regional approach. Factors which influenced a N. Ireland-specific policy approach are considered and the potential for variance in the future outlined.