RR v Secretary of State for Work and Pensions: Empowering Tribunals to Enforce the Human Rights Act 1998

In RR v Secretary of State for Work and Pensions – follow-on litigation from the high-profile bedroom tax cases – the Supreme Court handed down a judgment which has significant implications for social security law, the interpretation of the Human Rights Act, the tribunals system, the judicial control of delegated legislation, and access to justice. Central, however, was the issue of the enforceability of human rights. We argue that the Supreme Court was not only justified in its interpretation of the Human Rights Act but that it has made the protections of the Act more easily enforceable.     

A Tale of Two Leaders: Leadership and Cultural Change at the New Zealand Treasury

Differences in the transformational leadership exercised at the New Zealand Treasury (NZT) by two Secretaries – Henry Lang (1969-1973) and Graham Scott (1986-1996) – are related to differences in their paradigmatic situation rather than a shift away from a serial loyalist public service bargain that caused both to direct their leadership initiatives toward developing and maintaining the trust successive finance ministers placed in NZT advisors. Thus while Lang's leadership was directed toward expanding the reporting role of the NZT to the limits of what could be expected under a relatively stable market failure policy paradigm, the subsequent erosion of the authority of this paradigm meant that, under Scott's leadership, the NZT reinvented itself to avoid implication in a failure to contribute to the policy leadership required to advance a coherent reform strategy.     

Regulating ethics in financial services: Engaging industry to achieve regulatory objectives

This article addresses the issue of renewing a sense of vocation in finance. Drawing on experiences in the UK, Australia, and Ireland, three common law jurisdictions at various phases of developing “an ethical esprit de corps” to professionalize the banking industry, it argues that adopting some aspects of a profession, a “trajectory towards professionalization” of the banking industry, could serve, at least to some extent, to improve the industry-wide norms that influence firms' cultures and individual behaviors. It contends that professionalization could help to develop bankers with a professional, pro-social identity, in which there is a recognition of broader obligations to society, that exists independently of the profit-driven nature of banking and the hierarchy of their own firms. This analysis is informed by an integration of regulatory theory, which casts doubt on the utility of sanctions except as a last resort, behavioral science, which offers insights into how ethics and culture, not just law and markets, can constrain irresponsible behavior in the financial services sector, and criminological theory, which emphasizes that particular types of controls, including individual attachments to groups, build “stakes in conformity” which encourage law abiding and responsible behaviors.     

Mapping current issues in administrative justice: austerity and the ‘more bureaucratic rationality’ approach

This article critically reviews recent developments in the administrative justice system; in particular, it considers three key themes: improving initial decisions; administrative review; and the future of tribunals. In each of these areas, some aspects of administrative justice work well, but austerity has presented acute challenges in ensuring the fair and just treatment of people through restrictions upon legal aid; the withdrawal of some appeal rights; and the expansion of administrative review. Consequently, the system is moving away from a ‘legal’ model of administrative justice to the ‘bureaucratic rationality’ model, which focuses upon accurate and efficient implementation. However, the reality does not correspond with the goals of the model. Rather than accurate and efficient implementation of policy, what we find is poor decision-making made by junior officials with insufficient quality controls. Digitising tribunals may have potential benefits in terms of increased accessibility. Nonetheless, the prospects for administrative justice are weak.     

Towards a common framework for assessing the activity and associations of groups who sexually abuse children

Abstract

Extensive social psychological research emphasises the importance of groups in shaping individuals' thoughts and actions. Within the child sexual abuse (CSA) literature criminal organisation has been largely overlooked, with some key exceptions. This research was a novel collaboration between academia and the UK's Child Exploitation and Online Protection Centre (CEOP). Starting from the premise that the group is, in itself, a form of social situation affecting abuse, it offers the first systematic situational analysis of CSA groups. In-depth behavioural data from a small sample of convicted CSA group-offenders (n =3) were analysed qualitatively to identify factors and processes underpinning CSA groups' activities and associations: group formation, evolution, identity and resources. The results emphasise CSA groups' variability, fluidity and dynamism. The foundations of a general framework are proposed for researching and assessing CSA groups and designing effective interventions. It is hoped that this work will stimulate discussion and development in this long-neglected area of CSA, helping to build a coherent knowledge-base.     

The Japanese worker

Abstract

Robert Cole points out in his introduction to Japanese Blue Collar that there are two dominant but conflicting views of the social relations of production in the Japanese economy, views which Cole conveniently sums up under the rubrics of “uniqueness” and “convergence.”     

Making Things More Public: On the Political Responsibility of the Media Intellectual

Rosen, Jay. (1994). Making Things More Public: On the Political Responsibility of the Media Intellectual. Critical Studies in Mass Communication, 11(4), 363–388.     

Same-Sex Marriage,Korean Christians,and the Challenge of Democratic Engagement

The contest over gay rights (e.g., same-sex marriage) dramatizes the clash between increasingly nonwhite (“majority-world”), religious conservatives and mostly white, progressives. It renews longstanding debate about the compatibility of religious conservatism and liberal, pluralistic democracy. A study of one influential group, Korean Christians, shows that the younger, western-educated generation generally combines religious conservatism and political liberalism; they are much more likely to espouse liberal-democratic principles and to participate in the larger, plural society than the older, immigrant generation. However, the polarizing politics of gay rights partly reverses the generational pattern: the historically insular, first generation participate more in mainstream politics, while some western-educated, second-generation Korean Christians become intolerant and isolated from elite-educated circles. Ideological minorities self-segregate themselves in the face of hostile, energized majorities, whether progressives in Korean Christian circles or conservatives in secular, educated ones. Public deliberation on same-sex marriage depends on whether it becomes viewed like the clear-cut issue of interracial marriage or the more ambiguous one of abortion.