MEPs and the building of a ‘parliamentary Europe’

The European Parliament (EP) has become significantly more important in the last ten to 15 years. Little attention has thus far been paid, however, to one crucial element in this story: the consistent support of the majority of EP members (MEPs) for a strategy of parliamentary assertiveness. This note investigates the factors influencing MEPs’ behaviour in a series of key parliamentary divisions, where issues concerning the assertiveness of the parliament were at question. Contrary to much speculation, more experienced MEPs do not appear to become socialised into more hard‐line attitudes. Rather, factors relating to members’ partisan status and nationality are the major determinants of support for enhancing the status of the EP. The findings are argued to suggest important implications for both the EP and the European Union as a whole.     

Towards a global ‘child friendly’ juvenile justice?

The impact of globalisation on juvenile justice is increasingly conceptualised with reference to neo-liberal governance and the intensification of ‘new punitiveness’. Whatever the merits of such analyses, they have the effect of marginalising, if not completely overlooking, the extent to which international human rights instruments might serve to neutralise and/or mediate punitive currents. Indeed, it might be argued that the commitment – repeatedly expressed in official discourse – to both protect and promote the human rights of children in conflict with the law has itself come to comprise a discursive and tangible dimension of global child governance. Key signifiers of this phenomenon – at the global level – include a corpus of interrelated human rights conventions, standards, treaties and rules, formally adopted by the United Nations General Assembly, whilst at the European level authoritative rights-informed guidelines on ‘child friendly justice’, ratified by the Council of Europe, are similarly representative. Against this backdrop, this article seeks to investigate the degree to which individual nation states receive and respond to their human rights and ‘child friendly justice’ obligations. Whilst recognising the mediating capacities of formal human rights instruments, we aim to critically interrogate the relations between globalised rhetoric and localised reality; between the promise of international rights discourse on the one hand and the limitations of territorial jurisdictional implementation on the other.     

The Ambivalent Notion of ‘Fundamental Breach’ in Indian Law of Contract: Towards a New Paradigm

Liverpool Law Review - This paper analyses the concept of fundamental breach under Indian law of contract. In doing so, it provides a comparative assessment with English law. It examines some...     

European democracy,parliamentary decline and the ‘democratic deficit’ of the European Union

This article examines two different, yet interrelated, phenomena: parliamentary decline in western Europe and the ‘democratic deficit’ of the European Union (EU). It argues that the latter has helped to consolidate, and in certain areas, facilitate, the former. This is illustrated by two sets of empirical studies, covering first the European Community (and in particular the Common Agricultural Policy and Economic and Monetary Union) and then the Common Foreign and Security Policy, and co‐operation in Justice and Home Affairs. The main conclusion to be drawn is that a simple reordering of some policies within and across different pillars will not remedy the current democratic shortfalls of the EU which stem as much from the inadequacy of existing parliamentary structures to hold EU decision makers to account, as from the absence of a European demos. The combined effects of the above are particularly crucial for the democratic viability of the emerging European polity which, as with any other political system in the modern democratic era, needs to strike a balance between efficiency and accountability.     

Pussy Riot and feminist cultural criminology: a new ‘Femininity in Dissent’?

This comment considers the mainstream, online Western news media’s reaction to the imprisonment of three members of the Russian feminist punk band, Pussy Riot, in August 2012. Of particular concern is the band’s style of feminist political protest; it argues that their case is of significance to feminist cultural criminology. Drawing on Young’s analysis of media censuring of feminist political protest as deviance, the contrasting, positive representation in this case of Pussy Riot as dissidents is explored. This positive representation can be understood with regard to Western geopolitical concerns, but also stresses the effectiveness of Pussy Riot in communicating their political message.     

‘A Fair Day’s Wage for a Fair Day’s Work’? Exploring the connection between the parliamentary work of MPs and their electoral support

Electoral systems across Europe increasingly invite candidates to build up a personal reputation to earn votes. In this article, we investigate whether parliamentary work can be considered as a personal vote-earning attribute for incumbent MPs based on data of the 2014 elections in Belgium. The results show that when parliamentary work is operationalised in a narrow way (i.e. as the number of bills and the number of oral and written questions of an MP), this has no influence on the amount of preferential votes. When parliamentary work is defined in a broader way (i.e. also including other aspects of the legislative and control function of MPs), parliamentary work has a significant positive effect for MPs from opposition parties. This supports the claim that the number of legislative and control activities is not sufficient to measure the impact of parliamentary work on preferential votes, but that also other aspects of the work should be taken into account.     

Making sense of ‘consent’ in a constrained environment

BackgroundThis project investigates patients' and practitioners' experiences and understandings of the consent process, as it is governed by the Mental Health Act in Great Britain.AimsWe aim to illuminate our respondents' experiences of the consent process, and to explore their attempts to make sense of that process.MethodSemi-structured interviews with 5 Responsible Medical Officers, and 7 of their consenting adult patients, were conducted at a medium-secure psychiatric hospital. We approached the analysis from the perspective of Interpretative Phenomenological Analysis.ResultsOur analysis begins with an account of some of the common phenomenological consequences of the consent process as our participants understand them, but then moves on to discuss some of the contextual constraints which are evident from their negotiation of these understandings.ConclusionsWe conclude by outlining a number of emergent issues relevant to the current development of new Mental Health legislation. These include: mechanisms to allow collaboration with user groups; a more consultative role for users in their own treatment decisions; formal training and support for those conducting competency assessments; and more flexible and transparent legislative frameworks.     

Organised property crimes in Belgium: the case of the ‘itinerant crime groups’

The phenomenon of the so-called ‘itinerant crime groups’ is receiving increasing attention within Belgian and Western European law enforcement agencies. This interest stems from a variety of perceptions about these groups, and has led to a number of definitions about who and what they are, and policy measures in response to them. In this paper, the phenomenon and the characteristics ascribed to it in Belgium are empirically tested. This research finds that the features of mobility and nationality emerge as useful characteristics by which to study these crime groups. There are no indications that the special character of these groups is the consequence of policy-related attention, but rather it functions as a catalyst for this interest.     

Managing a New ‘Partnership’

Defence allegations about the malpractice of intermediaries in the Lubanga Case have revealed the ICC’s dependence upon intermediaries. Yet, surprisingly, the role of intermediaries has received relatively little attention in the academic literature. Since 2009, the Registry has been developing a court-wide set of guidelines to manage the Court’s relationship with intermediaries, which, if adopted, will substitute a large measure of standardisation over the disparate policies and practices currently in place across the various ICC organs and units. The Victims Rights Working Group and the Open Society Justice Initiative in conjunction with the International Refugee Rights Initiative are prominent amongst civil society actors that are playing a key role in advocating for the protection of, and support for, intermediaries through guidelines. This article examines the emerging position of intermediaries in international criminal law. It argues that adopting guidelines will inculcate a semi-institutionalised status for intermediaries, which both reflects, and contributes to, ‘professionalization’ in international criminal law. However, ‘professionalization’ is problematic to the extent to which it creates obstacles for the involvement of counter-hegemonic voices in international criminal law. Moreover, whatever gains guidelines may bestow on the Court and intermediaries, it is unclear how they can or will mesh with the emerging judicial response to intermediaries at the ICC. Ultimately, the increased regulation of intermediaries is likely to have a profound impact on relations between the different ICC organs; and it is set to be a touchstone for civil society–ICC relations more generally.     

‘It’s a dead place’: A qualitative exploration of violence survivors’ perceptions of justice architecture

Each year, thousands of victims of violence enter the Canadian criminal justice system and, by extension, justice buildings, such as police stations and courthouses. The architecture and design of these buildings communicate symbolic messages about justice and may influence the emotions, behaviors, and well-being of survivors. This qualitative study explored survivors’ emotional experiences with justice architecture. Findings reveal that survivors experience justice architecture as cold and hard; a facilitator of feelings of insignificance; lacking in privacy and; representative of their raw emotional state. The author discusses implications of these findings for victim engagement in the context of justice spaces.     

Children’s Use of a ‘Time Line’ to Indicate When Events Occurred

Children who allege abuse are often asked to provide temporal information such as when the events occurred. Yet, young children often have difficulty recalling temporal information due to their limited knowledge of temporal patterns and linguistic capabilities. As time is an abstract concept (we cannot see it), some investigators have begun to use ‘time-lines’ or pictorial representations of time to aid children. Yet, there is no published research testing whether children are able to use time-lines and whether they can provide adequate temporal information using them. We tested whether children could indicate the time-of-day of events using a pictorial time-line and then compared their responses to their parents’. Seven- to 8-year-olds were most consistent with parental estimates while 4-year-olds were least consistent. Responses from the 5- to 6-year-olds depended on the temporal task. Guessing and using general knowledge to estimate the time-of-day were ruled out, and so children were genuinely drawing on episodic memory when making time-line judgments. Thus, there was a developmental progression in children’s use of physical representations to communicate abstract information. These results are promising for the use of the time-line in forensic settings but much more research is needed.     

Foundations for a ‘secret history’ of judicial review: a study of exclusion as bureaucratic routine

This article considers the effective exclusion of judicial review created by the treatment of urgent applications for funding by the Legal Aid Agency. Drawing upon new empirical evidence, I show that the recent approach of the Agency to urgent applications for judicial review funding was presenting lawyers with a dilemma of having to choose between three unhelpful options: risk doing work that was unpaid; refuse a case and put a client at risk; or wait for a decision before doing work and put a client at risk due to delay. It is very difficult, if not impossible, to extract – or even construct through imagination – a satisfactory justification for why the administration of a policy preference for a more restrictive legal aid system ought to incorporate a device of this kind. Though this analysis focuses on one small aspect of judicial review in practice, this article demonstrates the need for further and wider work on exclusions from judicial review. It also offers an example of the complex nature of exclusions in judicial review. Finally, it provides some instructive lessons on the challenges that further inquiry into exclusions of judicial review may encounter.     

The NHS Information Revolution: ‘Choice of Control’ to ‘Choice’ and ‘Control’

This paper provides a novel and critical analysis of the necessary and important balance between ‘individual privacy’ and ‘collective transparency’. We suggest that the onset of the Information Revolution has created a dilemma for the National Health Service (NHS) in terms of how it addresses its obligation to use information to improve best practice in healthcare for society (‘collective transparency’) whilst also keeping sensitive personal information confidential (‘individual privacy’). There is clearly a need to consider both whether the NHS is balancing this critically important informational relationship and whether its approach is fit for purpose. We argue that the NHS's ‘proxy-individual’ information guardian role could inadvertently mask individuals' intended roles, effectively circumventing autonomy-based laws by limiting the power of individuals to be autonomous. In this article we have identified three issues – first the prevailing ‘Mindset’ (the ‘M’) of ‘privacy’, which is viewed as individualistic, resulting in an overpowering concept of confidentiality; second, the quality and control of Information (the first ‘I’); and third, the concept of innovation (the second ‘i’), which is being used as a ‘solution’ rather than a vehicle for transparency. Indeed, transparency is our target of ‘best practice,’ and we suggest that individual privacy and collective transparency are best embedded within a complementary privacy framework that offers a better fit than the current split of control between the roles of the NHS and the roles of the individual. It is suggested that when facilitated by transparency, ‘control’ and ‘privacy’ form a continuum, aligning through the desire for choice. Therefore, the choice of control could facilitate control and choice. Together, they could replace the concept of privacy by empowering ‘informed patients’ to support the NHS's ‘No decision about me, without me’ pledge.     

The construction of ‘So What?’ criminology: a realist analysis

From a realist perspective there is a growing body of criminology that can be classified as ‘So What?’ criminology in that it involves a low level of theorisation, thin, inconsistent or vague concepts and categories, embodies a dubious methodology or has little or no policy relevance. The production of ‘So What?’ criminology is, of course, no accident but the outcome of a number of lines of force that have served to shape the nature of mainstream academic criminology in recent years. The aim of this article is to identify some of these lines of force and to assess their impact.