Public Managers in Integrated Services Collaboratives: What Works Is Workarounds

Public managers in local integrated services collaboratives find that commitment to local partnership goals sometimes requires evading policy directives that are imposed by legislation or bureaucratic superiors. Using data that reveal what is often concealed, the author finds that these workarounds can be defined and identified and that they often revolve around central features of policy rather than marginal details. Workarounds emerge in the space created by certain managerial strategies and dispositions: treating directives as starting points for negotiation, using performance to justify discretion and manage risk, establishing local collaborative goals as an alternative locus of accountability, and distinguishing front‐door services from back‐door accounting. By aggregating data from clusters of workaround stories, researchers and practitioners can (1) identify policy flaws in need of repair, (2) illuminate tensions in the integrated service ideal, and (3) inform the enduring normative debate over administrative discretion and public accountability.     

Persistence and renewal: the German Left Party's journey from outcast to opposition

This article examines electoral support for the German Left Party (Die Linke) at the 2013 Federal election. It focuses on two substantive issues. The first is that whilst studies have commonly linked the party's support to political culture, the party has modernised and it is unclear how this has influenced its support. The second is that the election was held amidst the fallout of the global financial crisis and thus enables us to test if the party benefitted from economic adversity. Using multivariate logistic regression models, these issues are investigated at the individual-level using data from the German Longitudinal Election Study. The results demonstrate that the party's support is steeped in political culture, but with important east–west variation. Further, there is no evidence that the party attracted support from economically anxious voters. These findings present a basis for broader reflections on the party's influence on the contemporary political landscape.     

A Model for the ‘War Against Terrorism’? Military Intervention in Northern Ireland and the 1970 Falls Curfew

This paper questions the claim that British militarized security strategy in Northern Ireland offers a model for the global 'war against terrorism' by exploring the critically important (though neglected) 'Falls Curfew' episode. Part one explores the relationship between law, legitimacy, and the role of the military in democracies experiencing violent conflict. Part two examines the operationalization of the law on military intervention during the curfew, drawing on archival material and employing empirical studies. Part three draws overall conclusions, relating the contribution that the curfew made to the escalation of the conflict to its operational aspects and legal underpinnings. Failings are identified, and some general lessons drawn out about the dangers of a 'war' model in complex and violent political disorders.     

Taking Language Seriously: An Analysis of Linguistic Reasoning and Its Implications in EU Law

This article discusses legal reasoning at the European Court of Justice (ECJ). The following questions are addressed. First, the authors look at the way linguistic arguments are used in ECJ case‐law. Second, they consider whether the requirements of legal certainty, and more specifically that of predictability, may be fulfilled by reference to linguistic arguments in a multilingual legal system. The theoretical starting‐point is that of open‐endedness of language: no means exists to definitely pin down the meaning of words. Defining the meaning of words in a legal context is necessarily a matter of choice involving evaluative considerations. Consequently, when the ECJ uses linguistic arguments to justify a decision, it is an active agent choosing the meaning of words in a specific case. Essentially, the authors argue that legal reasoning based on linguistic arguments is particularly problematic from the viewpoint of legal certainty and predictability. In this respect, the key importance of systemic and teleological argumentation is emphasised in assuring convincing, acceptable and transparent legal reasoning especially in the context of multilingual EU law.