JUDICIAL REVIEW OF ADMINISTRIATIVE DECISIONS – A BACKGROUND PAPER

Judicial review is now the normal route for anyone seeking to challenge an administrative decision, unless there is a separate statutory right of appeal as for example in town planning matters. Grounds for challenge have been variously described by the courts but include (a) that the decision was wrong in law, (b) that it was unreasonable or irrational and (c) that there was procedural unfairness. Those who seek review must understand that the court will not substitute its own view for that of the decision taker. The adequacy of the remedy of judicial review has been challenged by some on the grounds that leave to proceed has to be sought from the court within three months. There is too the difficulty in some cases of establishing that the plaintiff has a sufficient interest to sue. Whilst it is too early to talk of a distinct body of public as opposed to private law, recent decisions have widened the concept of public law and have interpreted the circumstances in which a private right may be pursued against a public authority.     

THEY IS CLOWNING TOUGH: 911 AND THE SOCIAL CONSTRUCTION OF REALITY*

This article examines the interaction of 911 operators with callers. The study is based on 36 hours of participant observation and an in-depth analysis of 265 randomly recorded telephone contacts between citizens and police emergency operators over a 24-hour period. Call processing is only partially explained by the in formation-gathering function of operators. Initial data from callers are used by operators to help the caller and the operator together construct a definition of an event that makes sense organizationally. Thus, the article describes the interpretive work of 911 operators and the consequences of such work for demand processing within police agencies.     

The Timing of Justice in Felony Trial Courts*

Criminal court delay raises serious political and policy concerns. Analysis of the problem, however, is hobbled by the absence of theory and a lack of comparative, multivariate research that includes both micro-level and contextual factors. This article draws on data from nine circuit-level courts to develop an empirical model combining these factors. The results raise new questions about future research designs in this area and about the need to recognize policy trade-offs in the formulation of reforms.     

THE ROLE OF POLITICIANS AND ADMINISTRATORS IN DEPARTMENTAL REORGANIZATION: THE CASE OF THE DEPARTMENT OF THE ENVIRONMENT

This article examines the history of the Department of the Environment from its creation in 1970 to the formation of the Department of Transport in 1976. Its main approach is an analysis of the roles of the Permanent Secretary and the Secretary of State in the development of the organization. The strong organizational relationship between these senior members of the department is an important factor in structural change both at the time of the initial reforms and throughout this period.
The influence of different personalities and their approaches to policy and management is considered as a determining factor in the evolution of the department. Additionally, the attempts at reorganization and reform are to be seen as largely developing within a traditional Whitehall framework, based on this relationship, which restricted its effectiveness.     

The U. N. Disposal of Eritrea

This forms the greater part of a lecture given on the 29th January,with Major-General Sir Richard Lewis in the Chair. In introducingthe speaker General Lewis said that Sir Duncan Cumming had beenone of the first to enter Eritrea when it was captured duringthe war and had been the last to leave in 1952. During, andafter, the war, Sir Duncan had been responsible for the civiladministration of all of the occupied Italian Colonies in theMiddle East, of which Eritrea was one. In 1949, he returnedto his own service in the Sudan and in February, 1951, whenhis predecessor retired from Eritrea owing to ill health, heconsented to undertake the difficult task of implementing theUnited Nations resolution on Eritrea. In eighteen months hehad to hold democratic general elections, in an area where suchthings were not well understood, to create a Government in accordancewith the provisions of the constitution and the resolution,to create a civil service, which entailed as a starting pointthe elementary education of selected literates, and to leavethe country with a balanced budget. Sir Duncan had not had aclean start at the job because at the time of his arrival inEritrea it was not possible to move about freely. The localbrigands had made unescorted movement unsafe: incidents occurreddaily and murders and atrocities were frequent. By the latesummer of 1951 he had made brigandage unprofitable and was ableto turn to his constructive task. In doing so, he won the confidenceand respect and, indeed, the affection, not of merely some ofthe conflicting interests but of them all.