A constitutional evaluation of statutory and administrative impediments to voluntary sterilization

States, administrative agencies, hospitals, and physicians have placed significant limitations on the availability of elective sterilization (absolute prohibitions, requirements of spousal consent, age-parity requirements, and marital requirements). These limitations have presented obstacles for individuals seeking sterilization as a means of contraception. Analysis reveals that an individual should have a right to sterilization. However, to obtain a sterilization the individual must either comply with statutory requirements where they exist or challenge their constitutionality. If the restriction is the product of "state action," it may be challenged in the courts. Only hospitals of a "public" character, however, are subject to the constitutional mandates. If the individual is limited geographically, financially or otherwise, to a "private" hospital, he will not be able effectively to exercise his right to be sterilized.     

Protecting the rights of the developmentally disabled: alternatives to the existing statutory and regulatory scheme.

The Developmentally Disabled Assistance and Bill of Rights Act of 1975 and related HEW regulations require each state to establish a system for the protection and advocacy of the rights of developmentally disabled persons as a condition to receiving specified federal funds. This Note contends that, under the present statutory and regulatory scheme, states and governors have broad powers to interfere with the proper functioning of protection and advocacy systems. The Note examines the principal legal remedies, contractual and constitutional, presently available to parties interested in reducing or eliminating such interference, and concludes that such remedies are ineffectual. Instead, the author proposes, the HEW regulations should be revised to strengthen the autonomy of protection and advocacy systems or, alternatively, Congress should amend the 1975 Act to provide for federal administration of such systems.     

Public policy inquiry and advice as an aspect of constitutional reform

This article presents for the first time an outline of a classified review of the many types (some 20) of public policy inquiry or review exercises used in British public affairs. They are mainly created by the government but are also increasingly promoted by private bodies hoping to influence government and the established specialist interests in a policy field by supplying free and authoritative information and recommendations. A brief commentary on each of these ‘decision advice processes’ (DAPs) draws out their changing profile and questions the democratic propriety of the executive itself now investigating or reviewing important public policy issues which were, until quite recently, unquestioningly given out by departments for external and (normally) independent‐minded commissions and committees of inquiry to study and recommend upon. The question of whether the current movement for constitutional reform should include the overall ‘decision advice process’ and place it on a more independent and authoritative basis is raised. A parliamentary, rather than (or as well as) an executive, basis for most official ‘DAPs’ is proposed, while the currently flourishing practice of charitable foundations, think‐tanks and established interest groups promoting unofficial DAPs for the information and guidance of the government, parliament and the public is endorsed.     

法治政府的宪政诉求与宪政途径

法治政府建设是我国人民政治生活中的一件大事，法治政府的终极归宿在于维护民权，保障民生，顺乎民意，法治政府所体现的“民本”思想与完政理念完全契合，宪法作为根本大法对法治政府建设具有支配和指导作用，构建法治政府必须遵循宪法精神，反映完政诉求，在完政的框架之内运行。     

Drug policies: A study of the opinions of local law enforcement patrol officers about various policy alternatives

The article briefly reviews some literature describing the scope and seriousness of psychoactive substance misuse in the United States and then examines some chronic problems in the nature of public policy analysis. A methodology. Conceptual Review, is briefly discussed as a plausible alternative to contemporary approaches. Data from n=100 patrol officers who completed the Drug Policy Questionnaire (DPQ) are presented. Patrol officers were highly supportive of conventional policies, e.g., prevention, education, and treatment, but also recommended more punitive approaches, e.g., imprisonment for both dealers and users. Legalization was rejected as a viable policy alternative. Implications for policy and future research are also discussed.