In Defence of Due Deference

The doctrine of deference permeates human rights review. It plays a role in defining Convention rights, in determining the nature of the proportionality test applied when analysing non-absolute rights, as well as in deciding the stringency of its application. The role of deference has recently been subjected to both judicial and academic criticism, some of which advocates the demise of the doctrine. This article develops a contextual account of deference that is justified for epistemic reasons, rather than reasons of relative authority. This conception is able to withstand current criticism and is modest enough to play a role in a range of different justifications and understandings of judicial review under the Human Rights Act. The article then provides a more detailed account of deference, taking account of the relative institutional features of the legislature, executive and judiciary, without running the risk that the court fails to perform its constitutional function of protecting individual rights.     

State-Level Determinants of Hate Crime Reporting: Examining the Impact of Structural and Social Movement Influences

In this article, we investigate factors affecting hate crime policies by examining anti-LGBT (lesbian, gay, bisexual, transgender) hate crime reports as a type of policy implementation. Analyzing state-level data drawn primarily from the US Census between 1995 and 2008, we examine how structural and social movement mobilization factors explain hate crime reporting. We find that anti-LGBT hate crimes are more likely to be reported in more urbanized states and in states with both split political elites and a greater number of LGBT social movement organizations. We discuss the implications of our findings for separating the drivers of policy passage from policy implementation and for complementary criminological and social movement explanations for hate crime reporting.     

Hybrid accountabilities and managerial agency in the third sector

This article investigates how the dynamics of conflicting accountabilities are managed within the context of the third sector; specifically in organizations providing services for people with learning difficulties. Multiple accountability relationships create organizational settings that are subject to multiple constraints and risks but also offer resources for agency. We analyse how managers take up agency to enable them to enact, resist or reconcile multiple accountabilities. Our study's contribution lies in our elucidation of the far-reaching hybridity of the third sector and the complex forms of actorhood it cultivates, in which managers are able to handle resources with great dexterity, in pursuit of settlements which may only be contingent and temporary.     

Slow Change at the Top: ‘Old Hands’ and ‘Accidental Executives’ in New South Wales Local Government

Scholars and practitioners alike have recognised that an increased role for women leaders in Australian local government would strengthen the sector, yet little research to date has examined the career paths of non‐elected officials. This article combines the gender in organisations literature with career theory to examine the career paths of 16 general managers (GMs) in New South Wales. We found that half the participants had linear career paths based entirely within local government and half had boundaryless careers originating outside the sector. This second cohort consisted overwhelmingly of women. Nevertheless, a high incidence of happenstance characterised both career types. Several participants saw themselves pitted against a gendered (i.e. male) group of ‘old hands’ who were resistant to change being driven by ‘accidental executives’, a high proportion of whom were women. The findings have implications for a sector attempting to attract and retain skilled staff, particularly women.     

From Research Evidence to “Evidence by Proxy”? Organizational Enactment of Evidence‐Based Health Care in Four High‐Income Countries

Drawing on multiple qualitative case studies of evidence‐based health care conducted in Sweden, Canada, Australia, and the United Kingdom, the authors systematically explore the composition, circulation, and role of codified knowledge deployed in the organizational enactment of evidence‐based practice. The article describes the “chain of codified knowledge,” which reflects the institutionalization of evidence‐based practice as organizational business as usual, and shows that it is dominated by performance standards, policies and procedures, and locally collected (improvement and audit) data. These interconnected forms of “evidence by proxy,” which are informed by research partly or indirectly, enable simplification, selective reinforcement, and contextualization of scientific knowledge. The analysis reveals the dual effects of this codification dynamic on evidence‐based practice and highlights the influence of macro‐level ideological, historical, and technological factors on the composition and circulation of codified knowledge in the organizational enactment of evidence‐based health care in different countries.     

Former Yugoslav space: The ‘eastern question’ and European security

This article begins by tracking the footprints left by politicians, statesmen, and diplomats who set out to solve the ‘Eastern Question’ created by the collapse of the Ottoman, Habsburg, and Russian Empires in southeastern Europe. The analysis focuses on the consequences within former Yugoslav space of outcomes created by competing agendas of these international power brokers and political/military leaders of state‐building nations fighting to gain or expand territorial homelands in the name of historic justice or self‐determination. It concludes by evaluating security policy and options in Kosovo as of January 1999.