What price fairness when security is at stake? Police legitimacy in South Africa

The legitimacy of legal authorities – particularly the police – is central to the state's ability to function in a normatively justifiable and effective manner. Studies, mostly conducted in the US and UK, regularly find that procedural justice is the most important antecedent of police legitimacy, with judgments about other aspects of police behavior – notably, about effectiveness – appearing less relevant. But this idea has received only sporadic testing in less cohesive societies where social order is more tenuous, resources to sustain it scarcer, and the position of the police is less secure. This paper considers whether the link between process fairness and legitimacy holds in the challenging context of present day South Africa. In a high crime and socially divided society, do people still emphasize procedural fairness or are they more interested in instrumental effectiveness? How is the legitimacy of the police influenced by the wider problems faced by the South African state? We find procedural fairness judgments play a key role, but also that South Africans place greater emphasis on police effectiveness (and concerns about crime). Police legitimacy is, furthermore, associated with citizens' judgments about the wider success and trustworthiness of the state.     

EU developments in IP,IT & telecommunications law

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Assessing the impact of decentralization on governance: A comparative methodological approach and application to Tunisia

The relationship between decentralization and governance has not been adequately explored in the literature. Many past studies have failed to assess fully the impact of decentralization because of the lack of a set of independent, comparative indicators of the quality of decentralization being implemented in a given country. The authors adopt the working hypothesis that decentralization, both as a process and as an end state in terms of organization and operations, is closely related to the quality of governance in developing countries. In order to provide an empirical basis for a comparative assessment, the authors have developed a model based on the scope, intensity and commitment to decentralization in a country. Each of these concepts is operationalized in terms of a set of empirically measurable variables. The method is then applied to the case of Tunisia and assessed as a tool for the comparative study of decentralization and governance. Decentralization in Tunisia is shown to have an important relationship to the quality of governance in that country. The methodology developed here for the analysis of the quality of decentralization appears, based on the examination of a significant case, to be worth pursuing cross-nationally.