Economic Governance on Trial: High Courts and Elected Leaders in Argentina and Brazil

Beginning in the 1980s, social and political actors across Latin America turned to courts in unprecedented numbers to contest economic policies. Very different patterns of high court–elected branch interaction over economic governance emerged across the region, with crucial implications for economic development, democratic governance, and the rule of law. Building on both institutional and strategic accounts of judicial politics, this article argues that high court “character,” a relatively stable congeries of informal institutional features, channels interbranch struggles into persistent patterns. Two case studies illustrate the argument. In Argentina, the high court's political character encouraged a pattern of court submission to elected leaders marked by periodic bouts of interbranch confrontation over economic governance. In Brazil, the high court's statesmanlike character induced interbranch accommodation. This study demonstrates that even in politically unstable settings, institutional features can shape law and politics.     

Book reviews

Social Policy Research, Martin Bulmer (ed.), London, Macmillan, 1978, pp. 373, £5.95.

Making Budgets, James N. Danziger, Sage Publications, 1978, pp. 255, £8.50 cloth edition and £4.25 paperback.

Universality, Selectivity and Effectiveness in Social Policy, Bleddyn Davies (in association with Mike Reddin), Heinemann, London, 1978, pp. viii &; 264, £9.50.

Implementation in a Bureaucracy, Control in a Bureaucracy, Andrew Dunsire, Oxford, Martin Robertson, 1978, pp. Vol.1260, Vol. II 263, £15 each.

Planning the Social Services, N. Falk and J. Lee, Saxon House, Farnborough, 1978, pp. x &; 113, £7.50.

Policy Analysis: A Political and Organisational Perspective, W. I. Jenkins, London, Martin Robertson, 1978, pp. 278, £8.95.

Interactions and Interventions in Organizations, Iain L. Mangham, John Wiley &; Sons, 1978, pp. 150, price not known.     

Mapping design activities and methods of public sector innovation units through the policy cycle model

Policy Sciences - Over the last two decades, the design practice has been expanding to the public sphere to generate solutions for public challenges. In particular, the reflections on the design...     

The ideology of development and legitimation: beyond ‘Kazakhstan 2030’

The paper analyses the multifaceted discourse of development and nation-building in post-Soviet Kazakhstan. It addresses the regional clan–central elite relations and Nursultan Nazarbayev regime's legitimating agenda through the Kazakhstan 2030 Strategy for development. The economic developmental component in Nazarbayev's ideological discourses is primarily an exercise of control over regional economic and political elites and that helped building further legitimacy for the regime in various socio-ethnic constituencies on both the regional and central levels. Kazakhstan 2030 was deployed by the regime to substitute the Soviet version of ideology, legitimize the regime among various ethno-lingual audiences, and discipline the behaviour of regional elites. The paper shows how the study of elites’ interests can best explain the nature of national ideology and development projects.     

‘Netting nano’: Regulatory challenges of the Internet and nanotechnologies

The rapid progression of the Internet has impacted dramatically on contemporary society, transforming communications, business and trade. The global nature of the Internet has challenged traditional models of regulation. What has emerged is a new international framework, governed by an increasing number of actors and regulatory processes. By drawing upon the regulatory experience of the Internet, including an examination of the forces and dynamics that have shaped the regulatory framework, this paper considers the regulatory developments of another emerging and ubiquitous technology, nanotechnologies. It examines the rapid advancement and promise of nanotechnology-based products and processes, and the policy and regulatory challenges facing government, regulators, and industry alike. The paper argues that while the regulatory future for nanotechnologies appears to be uncertain, and highly contested, regulatory regimes will most likely reflect the commodities and services that the technology helps to produce. Anything other than this is unlikely because the ‘nanotechnology genie’ is already out of the bottle, and regulatory issues will evolve as the nature of the technology itself evolves.     

EVIDENCE OF A DIFFERENT NATURE: THE CHILD‐ RESPONSIVE AND LESS ADVERSARIAL INITIATIVES OF THE FAMILY COURT OF AUSTRALIA

This article charts the constellation of vision and research that underpin a new era in the Family Court of Australia, focusing on the development and outcomes of two programs that have attempted to meaningfully reinforce the centrality of children's rights and needs in family court proceedings. The Less Adversarial Trial and its front‐end Child Responsive Program (CRP) both aim to minimise the potentially negative effects on parents of a litigation process by application of a more intensive case management model adopted with the intention of altering the parents’ experience of the journey. Key features of this approach include the adoption of inquisitorial techniques, which include direct consultation with children through the CRP, modified application of the rules of evidence, and strong judicial management rather than being party driven. Findings from two studies into the pilot Children's Cases Program (now the Less Adversarial Trial) and the CRP are discussed. Significantly, evidence is outlined around the capacity of the new processes to impact on both the co‐parenting and parent–child relationships and to influence short‐term adjustment of complex families in high‐conflict dispute. In encouraging a more active focus on children's needs and views and by facilitating a stronger voice for children in proceedings that affect them, both initiatives advance Australia's commitments under the United Nations Convention on the Rights of the Child.     

Engaging in Small Talk: Nanotechnology Policy and Dialogue Processes in the UK and Australia

This article discusses the phenomena of nanotechnology, and notes that despite high investment levels for global research and development, the public presently understands neither the implications of this emerging technology nor how it might be best governed. It considers the notion of the public interest and its place in the public policy cycle, and notes some of the specific challenges posed by this new technology. Adopting a comparative jurisdictional approach, this article maps a range of policy and dialogue activities currently underway within the United Kingdom and Australia and concludes that policy dialogue is an essential component of public policy development for all emerging technologies. While the Australian government is currently beginning this process, compared to countries such as the United Kingdom, such efforts here are still embryonic. A fuller engagement in wide‐ranging public debate is suggested as a part of protecting the public interest.     

Traffic accident vs homicide: The contribution of DNA analysis to clarify this mystery. A case report

A marriage procession was going through the road when the vehicle met with a fatal accident and the wife of the driver died. The autopsy revealed lesions according with fatal traffic accident. But, a second autopsy revealed that there were injuries, but it was not reported in the first autopsy protocol. We analyze several autosomal STRs to typify some evidences collected inside the vehicle of traffic accident which were stained by the blood of the woman mortal victim. The results of the analysis of DNA suggested that the victim bled inside the vehicle and died and then, she was placed on the pavement and her husband simulated an accident.