Privatization in the United Kingdom and economic regulation in the United States: Lessons in administrative law

The author would like to recognise Prof. Laksham Guruswamy, Faculty of Law, University of Durham, currently Visiting Professor of Law, University of Iowa, for the suggestions he contributed to this article.     

The United Kingdom Identity Cards Act 2006 Civil or Criminal?

After much controversy and debate, the United Kingdom Parliamentpassed the Identity Cards Act in March 2006. The new nationalidentity registration scheme established under the legislationwill be in operation in 2 years. Initially the scheme will notbe generally compulsory, though the intention is eventuallyto make it mandatory. The Act uses a mix of civil penalty andoffence provisions as part of its enforcement regime. This articleconsiders the approach of the legislation, particularly thepractical implications of authentication and verification ofidentity under the scheme and the potential impact on the effectivenessof the enforcement regime, having regard to the right againstself-incrimination under the Human Rights Act 1988 (UK) andArticle 6 of the Convention for the Protection of Human Rightsand Fundamental Freedoms 1950, and the common law privilegeagainst self-incrimination.     

The development of national medical care programs in the United Kingdom and Canada: applicability to current conditions in the United States

After a hiatus in the early to mid-1980s, a growing number of policy leaders, policy organizations, and citizen groups are advocating programs that ensure basic medical care for all. Although a large literature examines the applicability to the U.S. of national medical care programs that have been established in other countries from the perspective of operations and effectiveness, little attention has been given to the applicability of the experience of other nations in securing these programs. This paper examines the development of national programs in the U.K. and Canada and addresses two questions. First, what factors were critical to the establishment of the British National Health Service and the Canadian hospital and physician insurance programs? Second, how applicable are those factors to current conditions in the U.S.? The paper reviews the roles played by dislocations in society, by established models of state-sponsored medical care programs, by political institutions and leaders, and by the major medical sectors. It shows that the U.S., while differing in many particulars, presents several parallels to the U.K. and Canada. The paper argues that the current environment in the U.S. offers the nation the opportunity to develop at state or local levels government-sponsored programs that guarantee basic medical benefits to all. A new and powerful coalition, moreover, may in the coming years advance the cause of broader, more substantive change at the national level.     

Developments in criminal law and criminal justice

Conclusion It follows from what has been said above that history, principle, and authority combine to compel the conclusion that § 80's guarantee of trial by jury precludes a verdict of guilty being returned in a trial upon indictment of an offence against a law of the Commonwealth otherwise than by the agreement or consensus of all the jurors. That being so, § 57 of the Juries Act, 1927, cannot, consistently with § 80, operate to authorize the conviction of either of the appellants by a majority verdict. Their convictions were unconstitutional and must be set aside.The appeal should be allowed. The orders of the South Australian Court of Criminal Appeal should be set aside and in lieu thereof it should be ordered, in the case of each appellant, that the appeal to that court be allowed, that the conviction be quashed and a new trial ordered.B.A., Columbia University 1972; J.D., Hofstra University 1975.     

Developments in criminal law and criminal justice

Developments in criminal law and criminal justice