Constitutional Rights and Social Welfare: A Comment on the Canadian Chaoulli Health Care Decision

Chaoulli v Quebec (A.G . ) may be the most controversial Supreme Court of Canada decision to date. The Court used social science evidence of foreign health care systems to justify its finding that a provincial ban on private health care insurance unjustifiably violated the right to security of the person. The decision could lead to fundamental structural changes in the way Canadian provinces deliver health care services. Given the importance of Charter jurisprudence in the United Kingdom, and recent debate about the wisdom of incorporating social rights, the case raises a number of pertinent issues for British lawyers. This comment advances two general arguments. First, that the case was wrongly decided because of its poor characterisation of the legislative objective of the ban, unprincipled approach to judicial deference, and poor treatment of expert and social science evidence. Second, far from justifying suspicion of constitutional social rights, the case illustrates precisely why such rights can make a positive difference.     

Clinic in the times of COVID19

Jindal Global Law Review - This article considers the challenges faced by clinical legal education programmes in responding effectively to the COVID19 pandemic. Client needs are different and more...     

Public organizations: A value-conflict view

That values are at the core of public administration is a notion that has gained popularity and credibility in recent years. From this perspective, public administrators have become inextricably involved in both adjusting to and promoting institutionalized values. Certain values shaping public organizations may, however, be distinctive in quality and magnitude from those of private organizations. Our purpose in this essay is to suggest criteria for identifying the distinctive values of public organizations, to propose and define three such values, to briefly examine the dynamics of change engendered by value conflicts and dilemmas, and to speculate on the theoretical and practical implications of our proposed values framework. In the process an inchoate perspective is outlined in which values occupy the centerpiece of inquiry in public administration.     

ABE'S NUCLEAR RENAISSANCE

ABSTRACT

Prime Minister Abe Shinzð's nuclear renaissance involves downplaying risks, restarting reactors, building new ones, and exporting reactor technology and equipment. Polls in Japan indicate that the public remains overwhelmingly opposed to Abe's nuclear agenda, but in various national and local elections since late 2012 antinuclear candidates have not fared well. This article examines the disjuncture between public preferences and electoral outcomes and why is it likely that Japan will restart reactors despite widespread concerns about safety, the high costs of nuclear energy, and the lack of a site for permanent disposal of nuclear waste. The safety myth is being recalibrated, but the author argues that it remains based on rosy assumptions in a nation especially prone to massive seismic disasters. The reinstatement of nuclear energy in the 2014 national energy policy marks a victory for the nuclear village, a remarkable example of institutional resilience in the face of extremely adverse developments since the massive earthquake and tsunami of 11 March 2011 that precipitated three reactor meltdowns in Fukushima. Despite extensive revelations about shoddy safety practices in the nuclear industry and collusive relations between regulators and those they regulate, Abe has successfully promoted a nuclear revival that few would have thought possible before his election in 2012. Reactor restarts face a number of hurdles, but the pronuclear lobby now finds it has a policy opening. The summer of 2014 has been a nuclear-free one, but in all likelihood it will be Japan's last for decades to come.     

Psychosocial functioning among inmates in prison-based drug treatment: results from Project BRITE

Objective

To assess the impact of a positive behavioral reinforcement intervention on psychosocial functioning of inmates over the course of treatment and on post-treatment self-reported measures of treatment participation, progress, and satisfaction.

Method

Male (n?=?187) and female (n?=?143) inmates participating in 12-week prison-based intensive outpatient (IOP) drug treatment were randomly assigned to receive standard treatment (ST) or standard treatment plus positive behavioral reinforcement (BR) for engaging in targeted activities and behaviors. Participants were assessed for psychosocial functioning at baseline and at the conclusion of treatment (post-treatment). Self-reported measures of treatment participation, treatment progress, and treatment satisfaction were also captured at post-treatment.

Results

The intervention affected female and male subjects differently and not always in a way that favored BR subjects, as compared to the ST subjects, most notably on measures of depression and criminal thinking.

Conclusions

Possible explanations for the results include differences in the male and female custody environments combined with the procedures that study participants had to follow to earn and/or receive positive reinforcement at the two study sites, as well as baseline differences between the genders and a possible floor effect among females on measures of criminality. Limitations of the study included the inability to make study participants blind to the study conditions and the possible over-branding of the study, which may have influenced the results.