Academic judgement,the university Visitor and the Human Rights Act 1998

Students have proved increasingly willing to challenge academic judgements in court, and the passage into law of the Human Rights Act 1998 is likely to have a major bearing on future challenges. The Act will make it unlawful for a public authority (including both a university and the courts) to act in a way which is incompatible with many of the provisions in the European Convention on Human Rights (and the Protocols attaching thereto). It will also permit a victim of such unlawfulness to bring proceedings in an appropriate court or tribunal, whether in the High Court as part of an application for judicial review or as an ordinary civil action for negligence or breach of contract. The court will have the power to grant whatever remedy it considers to be just and equitable, including an award of damages where it feels such an award to be appropriate. This could have significant consequences for the use of the Visitor in chartered universities as the final arbiter in disputes over academic judgements. For the Visitor does not conduct hearings in public and often fails to follow any recognised procedure. It may even be doubted whether the Visitor can be said to be truly independent of the institution against whose decision the student is appealing. In future, therefore, universities may have to be prepared to justify any marks awarded in the public forum of the courtroom.     

Greek appeals courts’ quality analysis and performance

Our effort in this paper is to focus on Greek Appeals Courts’ Quality Analysis and Performance examining sample real cases to document the long delays of the Greek judiciary. We also examine evidence to support the suggestion that the main problem of the Greek judicial system is not only of insufficient staffing, but also a problem of insufficient organization, excessively burdensome procedures and severe restrictions in the way legal services are supplied in Greece. In particular, we present evidence of poor justice quality that can be also used to interpret the Greek case focusing on the quality of the judiciary and on inefficiencies in legal service markets. We also present a number of case-files that demonstrate the large delays in the Greek judiciary. We finally summarise policy proposals from the existing literature and use them to suggest appropriate judicial reforms for Greece.     

Negative Capital and the Wealth of Nations

The so-called global economy has generated tremendous international wealth inequality that only increases as globalization deepens. This process is capped by the failure of classical economic theory to incorporate such free market externalities as negative capital . Negative capital can be defined as situations, events, or environmental conditions that degrade or threaten to degrade the standard of living or life expectancy of great numbers of persons, including those living in wealthy nations. These problems cut across issues of sovereignty and security, economic development, and the environment. They can be monetized and have value because the rich will have to pay in order to mitigate them, whether at home or abroad. Payment can take many forms, but it will involve a politics of redistribution. Negative capital is a systemic phenomenon "in nature" without which the classical economic theory is both incomplete and notably ideological. A tamed and therefore enlightened free market, that recognizes and addresses negative capital, may be better equipped to resolve the situations created by its inherent inadequacies.