THE POLITICAL AND ADMINISTRATIVE CONSEQUENCES OF JUDICIAL REVIEW

Academic analysis of judicial review is confined largely to juridical commentaries in legal journals. This article, written from an administrator's viewpoint, examines its consequences for the power of government, for administrative behaviour, for constitutional dynamics, and for the scientific study of policy-making. It distinguishes a four-fold effect on administrators, including a substantial element of inhibition, and highlights the uncertainty created by the incremental and inconsistent development of the principles of judicial review. In constitutional terms, while the courts eschew national security and economic policy, they have in other fields explicitly created a process of accountability parallel to that of Parliament, and have resisted statutory attempts to limit their jurisdiction. Analysed in terms of political science, judicial review imposes unrealistic standards of administrative conduct, entrenches the role of pressure groups, and places on public bodies legalistic requirements that they may not be equipped to fulfil. The combination of these pressures, exacerbated by further expansion of the scope of the judicial review, are likely to increase friction between judiciary and government, possibly precipitating a crisis.     

CHARGING FOR LOCAL GOVERNMENT SERVICES: A COHERENT PHILOSOPHY

This article reviews and critically appraises the alternative rationales and methodologies for local authority charging practice which have been proposed in the past. It goes on to advocate a charging rationale based on customized value-added services. This is argued to be a coherent charging philosophy which can realistically fit into the evolving policy, management and decision-making framework of local government. It allows for individual choices within a wider framework of collective choice and provision of services. It is capable of blending efficiency and equity criteria within a system of practical charging policies for local government services. Whilst retaining consistency of rationale, the proposal can be moulded to suit both the objectives and the particular characteristics of individual services. Practical examples are given, specific criticisms addressed and implementation is considered. The essential point is that it is compatible with the institutional framework within which it is applied.     

Securing the Future of Higher Education in England

This article reviews the IPPR commissioned report ‘Securing the Future of Higher Education in England’. It is argued that the report identifies key shortcomings in contemporary higher education policy, and develops some important recommendations for shaping the sector in the future. However, several of the proposed recommendations would create new divisions in the sector and reinforce existing ones. Moreover, the report maintains and reproduces the ideological status quo of contemporary higher education policy, which can broadly be described as the organisation and provision of higher education along ‘quasi‐market’ lines. Crucially, although the report advocates reform based on social justice, in the contemporary context of fiscal retrenchment, the majority of recommendations are underpinned by, arguably necessary, economic rationales.     

Temporal Patterns of Crime in Singapore

The authors abstracted and studied information from the Daily Crime Information for the crimes of armed robbery, sexual offenses, theft outside dwelling, theft of motor vehicles, theft of bicycles, theft in dwelling and housebreaking for the year 1975. Frequency by time of day and day of week were determined and analyzed for statistical significance. Long term trends of selected crimes were also calculated. The authors advance explanations for the observed patterns.

The limitations of classification, ambiguity in terminology, etc., made comparison with other countries difficult. Comparison could be made only with Korea and the U.S.A. in respect to the crimes of housebreaking and theft of motor vehicles.     

Political generations in Northern Ireland

Since the late 1980s, Northern Ireland has seen a radical electoral shift away from the historically dominant parties in the Catholic and Protestant blocs – the Social Democratic and Labour Party (SDLP) and Ulster Unionist Party (UUP), respectively – towards the traditionally more ‘extreme’ parties – Sinn Fein and the Democratic Unionist Party (DUP). This change in aggregate support has been accompanied by increasing differences between generations as older cohorts of UUP and SDLP supporters have been replaced by newer cohorts of DUP and Sinn Fein partisans. This is not a result of increased polarisation in values and attitudes (whether overtly political or simply communal intolerance) among younger cohorts who are, if anything, slightly more moderate than their forbears. Rather, this results from the changing political context in which new generations have been socialised – in particular the expanded choice sets facing voters as they have reached voting age. This in turn has positive implications for the consolidation of devolved democratic governance.