Reason‐Giving in Administrative Law: Where are We and Why have the Courts not Embraced the ‘General Common Law Duty to Give Reasons’?

This article has two aims. Firstly, it explores a body of modern challenges to administrative reason‐giving, decided in the five‐year period 2014–2018. Three main themes are drawn out: outright failures to give reasons now seem to be a rare occurrence; a number of considerations help to ensure that at least an outline of reasons is usually offered by decision‐makers; common law fairness plays a limited role in testing the adequacy of reasons. Secondly, it addresses the question of why the courts have not embraced a ‘general common law duty to give reasons.’ Four factors are discussed: doubts that introducing a general duty would add something of substance to the law; difficulties inherent in developing a general formulation of the reasons required; weaknesses in the ‘hortatory’ case for a general duty and weaker commitment on the part of judges than academics to generality as a central feature of administrative law doctrine.     

Armed opposition groups into political parties: Comparing Bosnia,Kosovo, and Mozambique

Since the end of the Cold War, the overwhelming majority of negotiated peace settlements have been premised on the establishment of competitive, multiparty politics. The success of such settlements depends in turn on the degree to which the warring parties can make the adjustment from battlefield to political arena. This article addresses the question of how armed opposition groups are transformed into functional civilian political parties in the aftermath of civil conflict. It argues that the character and degree of commitment such parties make to the post-war political settlement depends on the kinds of challenges that adaptation to the settlement presents for them, as organizations. This article examines the cases of the Kosovo Liberation Army, the Croatian Democratic Union, and the Serbian Democratic Party in Bosnia and Herzegovina, and Renamo (Mozambique National Resistance Movement) in Mozambique. Carrie Manning is assistant professor of political science at Georgia State University. Her book,The Politics of Peace in Mozambique: Post-Conflict Democratization, 1992–2000 (Praeger), appeared in 2002.     

‘The Open Church’ and ‘the Closed Church’ and the discourse on Jews in Poland between 1989 and 2000

This paper analyzes the attitudes of the Roman Catholic Church in Poland towards the Jews and anti-Semitism during the first decade since the political transformation of 1989–1990. After discussing briefly the main patterns of the development of the Roman Catholic Church in Poland in the modern era I examine two opposing positions within the institutionalized Roman Catholic Church — the ‘Open Church’ and the ‘Closed Church’ — that emerged in the aftermath of Poland's regaining full sovereignty in 1989. The ‘Open Church’ and the ‘Closed Church’ represent opposite views on the role of the church in society and on the dialogue with Jews and Judaism and on anti-Semitism.The ‘Open Church’ is a relatively recent phenomenon that originated in the circles of the layman progressive Catholic intelligentsia in the post-1945 period. It is the first visible formation within Roman Catholic Church in Poland, which advocates dialogue with Jews and Judaism and is engaged in the eradication of anti-Semitic attitudes. The ‘Closed Church,’ which represents the formation of the ‘besieged fortress’ was historically strongly intertwined with the exclusivist ethno-nationalistic political movement of the National Democracy. The remnants of this fusion were still visible in the statements of high rank clergy in the 1990s and early 2000. This formation ignores the concept of the dialogue with Jews and Judaism advocated by Pope John Paul II and among its supporters there are still many holders of anti-Semitic views. The paper provides various examples of anti-Semitic occurrences and pronouncements of the 1990s and it discusses various initiatives aimed at the facilitating dialogue between Christians and Jews introduced by the members of the ‘Open Church’ in the 1990s. It assess the importance of the ‘Open Church’ in the eradication of anti-Semitic views and the extent of the influence of the ‘Closed Church’ on both the clergy and Catholic community at large.