The French Constitutional Council: A Study in Institutional Change

Embodying a revolution in French constitutional law. in principle, the Constitutional Council initially seemed destined for a marginal role. However, a 1971 decision constitutionalizing the Preamble to the constitution and the 1974 revision extending access to 60 parliamentarians transformed its prospects. Initially devised to keep Parliament in its place, it is now a force to be reckoned with at every stage in the policy process but its constraints are felt mainly by the executive. Its jurisprudence displays a blend of audacity and prudence. combining ambitious developments in respect of human rights and national independence with cautious awareness of its vulnerability as a recent creation arbitrating controversial issues within a system traditionally antipathetic to 'government by the judges'.     

Trustworthiness: the Commentators

Mark Thompson deplores the decline in the public trust of government and of public service institutions such as the BBC. But there has also been a decline in another form of trust: government's trust in the ability of professionals such as doctors and teachers to deliver high quality public services. And, unlike Thompson's type of trust, this decline was inevitable, because it was based on untenable assumptions concerning professional motivation. The author discusses the importance of trust in an unwritten constitution, including trust in the use made of public resources, trust that appointments are being made on merit, trust that the civil service is ‘speaking truth unto power’ behind the scenes and ultimately trust that it retains the ability to serve future governments. In a world where trust in institutions is diminishing, there are still surprising levels of trust in the world of private philanthropy. The public are only too ready to give donations without seeking to question, especially in the wake of major disasters. Yet the nature of aid agencies has changed dramatically in the past thirty years into major global enterprises with sophisticated media and marketing operations. In this case a greater degree of scepticism from those who donate and paradoxically less trust might actually result in better outcomes from aid and better use of funding. Trust is critical to the mission of the FCO. The public needs to trust the competence and sound judgment of the professional diplomats. The diplomats themselves need to be able to rely on the commonsense of their fellow colleagues. Ministers and diplomats need to trust each other. And other governments need to have confidence in the discretion of their British counterparts. This is an increasing challenge in the world of instant news. Trust can be quickly lost by indiscreet or self‐serving revelations. But the key is to be as open and transparent as possible about the processes of diplomacy. A new survey commissioned by the British Journalism Review demonstrates that public confidence in journalism has collapsed over the last five years. This is particularly true for the commercial broadcasters ITV and Channel 4, whose journalism has traditionally commanded as much public esteem as the BBC. Trust in the BBC and print journalists has also declined, and journalism suffered more than any of the other 16 occupational groups being assessed. This is partly due to the cumulative effect of various “fakery” scandals that have afflicted broadcasters over the last 18 months and partly down to a more widespread cynicism directed at those in authority.     

The Scottish Liberal Democrats

As the junior members of the two Scottish coalition or partnership governments (1999–2003 and 2003–7), the Liberal Democrats have had a major impact on post-devolution public policy in Scotland. Contrary to expectations, their participation as junior partners in a coalition government has enhanced rather than damaged their electoral prospects. The party's success in coalition reflects the electoral and policy compatibilities between them and Labour, the availability of increased public spending to fund their demands, their use of specific policy agreements and effective election campaign tactics. Under their new leader, Nicol Stephen, they have sought greater distance from Labour and located themselves between Labour and the Scottish Nationalist Party. Looking forward to the 2007 election, the declining Labour vote and probable SNP gains mean that the Liberal Democrats are likely this time to have a choice between joining a Labour-led or forming a non-Labour coalition.     

Comparing blunders in government

Much attention has been paid to government ‘blunders’ and ‘policy disasters’. National political and administrative systems have been frequently blamed for being disproportionately prone to generating mishaps. However, little systematic evidence exists on the record of failures of policies and major public projects in other political systems. Based on a comparative perspective on blunders in government, this article suggests that constitutional features do not play a prominent role. In order to establish this finding, this article (a) develops theory‐driven expectations as to the factors that are said to encourage blunders, (b) devises a systematic framework for the assessment of policy processes and outcomes, and (c) uses fuzzy‐set qualitative comparative analysis to identify sets of causal conditions associated with particular outcomes (i.e., blunders). The article applies this novel approach to a set of particular policy domains, finding that constitutional features are not a contributory factor to blunders in contrast to instrument choice, administrative capacity and hyper‐excited politics.     

“A CROSS-BURNING IS NOT JUST AN ARSON”: POLICE SOCIAL CONSTRUCTION OF HATE CRIMES IN BALTIMORE COUNTY*

Growing public concern over racial and ethnic conflict and a perceived increase in hate crimes during the 1980s have led to legislation expanding the scope of the law and the severity of punishment for such offenses and to police-initiated efforts to focus attention on hate crimes. Although a number of critiques have examined the legislative approach, little attention has been devoted to the police response. This article examines the rationale for a police initiative in addressing hate crimes; the characteristics of incidents labeled as such in one jurisdiction, Baltimore County, Maryland; and some of the problems in defining, identifying, and verifying bias motivation. Because about 40% of the offenses initially considered by the Baltimore County Police Department to be motivated by racial, religious, or ethnic (RRE) prejudice subsequently are not verified as RRE motivated, a closer examination of all such cases permits insight into the social construction of “bias motivation” and related issues raised by a police hate-crime program. These include determining what forms of bias are eligible for special responses; identifying bias motivation; weighing the victim's perception of the event; determining the line between criminal and non-criminal incidents; and adopting consistent standards for verifying ambiguous events.     

Reclaiming Futures: A Model for Judicial Leadership in Community Responses to Juvenile Substance Abuse

Juvenile courts across the country have become the leading service delivery system for youths with substance abuse problems, not by choice, but by necessity. At 10 communities around the nation, judges and project staff are in their fifth year of pioneering changes to the way the juvenile justice system helps teens in trouble with drugs, alcohol, and crime. These judges are part of Reclaiming Futures, an initiative of the Robert Wood Johnson Foundation, and they are working with local leaders to re‐invent the way law enforcement, courts, probation, detention facilities, treatment providers, families, schools, and the community work together to help troubled youths succeed. Together, they have written a guide for judges, court administrators, government entities, community leaders, and interested citizens to share the knowledge and experience they have gained from the nationwide Reclaiming Futures initiative. Their goal is to encourage and motivate others to launch similar projects in their communities, and to provide a blueprint for judges and others striving to undertake this level of collaboration.