The Caribbean Court of Justice and the Legal Profession: Promoting a Caribbean Jurisprudence*

The author submits that the main purpose in the establishment of the Caribbean Court of Justice (CCJ) is to promote the development of a Caribbean jurisprudence, based on the Commonwealth Caribbean's common historic, political, economic and cultural experiences and mutual history.

The article examines the role of final appellate courts, noting that judges of such courts must often choose between alternatives which are perfectly capable of being defended as rational, reasonable and consistent with ‘the law’. Factors such as life experiences, socialisation, and backgrounds all play a role in determining the choices that are ultimately made. This is why, the author underscores that ‘it is so important to have a diverse Bench, to have Judges from different backgrounds’.

For judges to come close to steering the right course they must have an understanding of the society that gives rise to the legal disputes. They must be grounded in that society. In this respect, the author argues, it is remarkable that the evolution of certain landmark judgments relating to human rights, particularly capital punishment, have been rendered by British judges, sitting and residing in England.

The article, which draws on a wealth of jurisprudence, proceeds to examine the original jurisdiction of the CCJ and the role of the Bar in defending the integrity of the Court and the justice system as well as in enhancing the quality of judgments.

Finally, it emphasises the need to promote Caribbean jurisprudence and access to local judgments. In this regard, it is lamented that many truly outstanding judgments of Caribbean judges do not receive the recognition they should because, if there is an appeal, they become almost automatically buried beneath the judgments of the higher court.     

Does Satisfaction with Democracy Really Increase Happiness? Direct Democracy and Individual Satisfaction in Switzerland

This paper takes the influential ??direct democracy makes people happy??-research as a starting point and asks whether direct democracy impacts individual satisfaction. Unlike former studies we distinguish two aspects of individual satisfaction, namely satisfaction with life (??happiness??) and with how democracy works. Based on multilevel analysis of the 26 Swiss cantons we show that the theoretical assumption on which the happiness hypothesis is based has to be questioned, as there is very little evidence for a robust relationship between satisfaction with democracy and life satisfaction. Furthermore, we do not find a substantive positive effect of direct democracy on happiness. However, with respect to satisfaction with democracy, our analysis shows some evidence for a procedural effect of direct democracy, i.e. positive effects related to using direct democratic rights, rather than these rights per se.     

Who Needs Leaders the Most? The Interactive Effect of Leadership and Core Self-Evaluations on Commitment to Change in the Public Sector

ABSTRACT

The purpose of this article is to shed light on an understudied topic in public administration, namely, commitment to organizational change. Specifically, this study examines the extent to which the quality of the relationship between employees and their managers positively influences employees’ commitment to change. Further, it investigates whether this relationship varies as a function of a person's core self-evaluations, that is, the valence of a person's self-regard. Evidence from a multivariate regression analysis in a public sector organization at the local level in the UK revealed that individuals who have high-quality relationships with their managers are more likely to be accepting of change; this is especially true for individuals with lower levels of core self-evaluations. Implications for theory and practice are discussed.     

Book reviews

KUL B. RAI, DAVID F. WALSH and PAUL J. BEST (eds), America in the 21st Century: Challenges and Opportunities in Foreign Policy (Prentice‐Hall, Englewood Cliffs, 1997), 259 pp., ISBN 0–13–570961‐X (pb)

BRIAN JENKINS and SPYROS A. SOFOS (eds), Nation and Identity in Contemporary Europe (Routledge, London, 1996), 294 pp.

WESLEY D. CHAPIN, Germany for the Germans? The Political Effects of International Migration (Greenwood Press, Westport, 1997), 173 pp., ISBN 0–313–30258–8 (hb)

JOHN REES, The Algebra of Revolution. The Dialectic and the Classical Marxist Tradition (Routledge, London, 1998), vi + 314 pp., ISBN 0–415–19876–3 (hb), 0–415–19877–1 (pb)

RANDY E. BARNETT, The Structure of Liberty: Justice and the Rule of Law (Clarendon Press, Oxford, 1998), 337 pp., ISBN 0–19–0829324–0 (hb)

J#AUURGEN HABERMAS, A Berlin Republic: Writings on Germany (Polity Press, Cambridge, 1998), 187 pp., ISBN 0–7456–2045–0 (pb)     

Consensus and direct democracy:Conceptual and empirical linkages

Abstract The first part of this paper draws a number of theoretical connections between various forms of direct democracy and the two types of democracy outlined by Lijphart. Plebiscites and mandatory referendums without quorums of consent are shown to correspond to majoritarian forms of democracy, whilst optional referendums and initiatives with quorums of consent are shown to share similarities with power–sharing forms. The second part of the paper offers an empirical analysis of the different use of citizen–initiated referendums (optional referendums and initiatives) in Switzerland's consensual systems (i.e., cantons) by examining to what extent the various elements of power–sharing are developed. It is argued that referendums and initiatives are used less frequently when government coalitions have greater strength and local autonomy is more developed.     

Developmental Trajectories of Aggressive and Non-Aggressive Conduct Problems

Modeling the heterogeneous trajectories along which antisocial behaviordevelops in childhood and adolescence may contribute in important waysto understanding antecedents of offending in adult life. This paperexamines the development of aggressive and non-aggressive conduct problemsin the Great Smoky Mountains Study of Youth, a longitudinal study in thesoutheastern United States. Aggressive and non-aggressive conduct problemsof clinical severity, police contact and arrest, and family andenvironmental correlates were assessed in four annual interviews for789 boys and 630 girls aged 9–13 at first interview. The bestfitting latent class model identified three developmental trajectories:stable low problem levels, stable high problem levels, and declining levelsof conduct problems, for both aggressive and non-aggressive behaviors. Boyswere over-represented in the stable high trajectory class on the aggressivetrajectory, but sex differences in non-aggressive trajectories were lessmarked. The overlap between aggressive and non-aggressive trajectory classeswas quite limited. Both classifications showed strong associations withrisks of police contact and arrest in early adolescence, and with measuresof family adversity. The results are discussed in relation to developmentalmodels of conduct disorder and delinquency.     

Pathways to Institutional Legitimacy in Postconflict Societies: Perceptions of Process and Performance in Nepal

Rebuilding institutional legitimacy is considered essential for stability in postconflict societies, yet the factors that influence citizen perceptions of legitimacy in this context remain underresearched. In this article, we examine citizen evaluations of government legitimacy in terms of instrumental antecedents (service delivery, distributive justice) and procedural antecedents (procedural justice, voice), using data collected in the context of a nationwide study of postconflict governance in Nepal. We find that procedural justice is more strongly associated with citizen perceptions of institutional legitimacy than instrumental outcomes such as service delivery, distributive justice, and outcome favorability. Results indicate that the relationship between service delivery and legitimacy is not as simple as previously assumed. We conclude that procedural justice is crucial for building perceptions of government legitimacy in postconflict societies and discuss implications for policy and practice relating to postconflict governance and institutional trust building.     

CHILDREN,THE UNCRC,AND FAMILY LAW IN ENGLAND AND WALES

There is no doubt that, overall, there has been a great deal of activity in relation to children's rights under the United Nations Convention on the Rights of the Child (UNCRC) since it was ratified by the UK government in 1991. Of particular significance in the context of family law, however, are the provisions of Article 12, which have in many ways proved to be more problematic than other provisions, not least because, in the context of family law, children's participation rights are necessarily juxtaposed with the long‐standing and hitherto unchallenged rights of parents to make important decisions about family life. The reorganisation in 2001 of the family court welfare services in England and Wales with the creation of the Children and Family Courts Advisory and Support Service (CAFCASS), generated a new impetus for the consideration of children's participation rights and, at an organizational level, considerable progress has been made in embracing the provisions of the UNCRC. More problematic, however, is the acceptance of children's participation in making decisions about their futures by adults using and working in the family justice system. At the level of the courts, judicial attitudes are slow to change and in England, as court judgments often demonstrate, these are firmly rooted in a view of children as being incompetent in such issues; at the level of parents using the system, it is arguable that new discourses about the best interests of the child serve as a proxy for continuing discourses about parents’ rights that have become evident, most recently, in the context of an increasingly influential fathers’ rights lobby; and at the level of welfare practitioners, recent research also demonstrates that, although the rhetoric of children's rights is widely accepted, the willingness and ability to make these real in the context of family proceedings is, for a variety of reasons, less in evidence.