Don't Mention the War! R. v Bottrill,ex parte Kuchenmeister (1946) Revisited

R. v Bottrill, ex parte Kuchenmeister (1946) established that a ministerial certificate is determinative of whether a state of war exists between the United Kingdom and another state. But of the ‘Aryan’ German, Kuchenmeister, long a resident in Britain and with a British family, virtually nothing is known. The present paper seeks to uncover the complex story of Kuchenmeister's business activities in the British armaments industry before the war, MI5’s determination to have him interned on the not wholly convincing footing of his loyalty to Germany during the war, and Kuchenmeister's prolonged legal battles with the Home Office. A distinction between the law in books and the law in action may be sharply drawn from the affair.     

Path Dependency and the Reform of English Local Government

This paper uses the concept of path dependency to examine the changes to the political management structures of English local government. We note how the possible experience of decreasing returns among some local authority actors combined with the powerful intervention of politicians within New Labour at the national level led to a significant break from past policy and the imposition of measures to establish a separate executive that was claimed as a radical step forward for local democracy. Using survey data from the Evaluating Local Governance research team ( http://www.elgnce.org.uk ), we explore the establishment of a separate political executive in all major local authorities and map out the style of decision-making that is emerging. We find that some established institutional patterns reasserted themselves in the process of implementation, but that increasing returns are not as great as some theorists of path dependency would suggest and they may be a force for system change as well as for stability.     

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.     

State urban enterprise zones: origin,policy context,and administrative constraints

This article examines the origins of state enterprise zone policies. Further, the range of state enterprise zones are reviewed, drawing out patterns and generalizations of implementing this type of revitalization policy. As part of this analysis President Reagan urban policy is analyzed as to its effect on state programs. Lastly, the article analyzes three important obstacles - labor, incentives, and politics - that state and local administrators must negotiate to successfully implement the enterprise zone policy.     

Tackling Drugs Together: The Possibilities for a Confidential Drug Service

This article explores the exchange of personal information between agencies working with drug users and the 'problems' created by confidentiality. Confidentiality may be conceptualised as a form of information privacy, which in turn derives from a wider idea of privacy. The authors take as a case study the 'Wintercomfort Case', concerning a day centre for drug users in Cambridge. The focus is to look at the legal and practice implications of the case, and to examine in particular the tensions that exist between welfare and justice agencies who may have access to the same information, but who may also have different agendas and objectives in taking action.