War-Power Reform in Australia: (Re)considering the Options

The decision to go to war in Australia remains the prerogative of the Executive. The lack of parliamentary authorisation of perhaps the most significant decision a democracy can make has seen sustained, but unsuccessful, efforts to reform legislation. In the wake of the costly invasion and occupation of Iraq in 2003, repeated calls for legislative reform of Australia's war powers have failed to find traction amongst Coalition and Australian Labor Party (ALP) leadership. Lamenting the lack of transparency and accountability in the current system, those favouring legislative reform would see authorisation of combat missions placed in the hands of Parliament. However, given the lack of support from either of the major parties, any legislative reform remains unlikely. Given this impasse, this article argues that a compromise option, in the form of a new war-powers convention, may be a small step towards democratising the decision of going to war. While not legally binding, this constitutional convention would represent an agreement by the major parties that overseas combat operations will be properly debated in Parliament.     

Regulating Cannabis: A Comparative Exploration of Canadian Legalization

This article explores cannabis regulation in Canada and the United States and examines how recent legalization efforts have manifested differently in each country. Although some of these differences are explained by uncompromising constitutional structures, this comparative exercise examines each system's political choices. While emphasis is placed on the Canadian experience, this article seeks to inform and enhance policy and regulation in both countries in addition to highlighting inherent ethical issues.     

Ultimate Legality: Reading the Community of Law

This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André-Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P. Heinz, Roger Brownsword, Roger Cotterrell, Nicola Lacey, Carol J. Greenhouse, and David Garland. An initial twist: several acute observers would consider the way I read to be the most influential effect of reading on me – a way of reading that extends beyond the specificity of the text yet, in so doing, connects integrally with it. Salvation of specificity is at hand, however. That way of reading is intimately reflective of Derridean deconstruction and a hugely influential reading becomes his ‘Force of Law’. A problem ensues. Other influential reading came before my love of Derrida – influential reading to do with law and society (of course), with decolonization and imperialism, with engaged anthropology, and with critical legal studies. A retrospective revelation then follows. Derridean deconstruction is found to haunt and inform these other readings. They can be read in a way that inherently anticipates deconstruction. Some culminating coherence is offered by the inescapable insistence of community and the mutually intrinsic fusion of community and law.     

Rethinking Timing of First Sex and Delinquency

The relation between timing of first sex and later delinquency was examined using a genetically informed sample of 534 same-sex twin pairs from the National Longitudinal Study of Adolescent Health, who were assessed at three time points over a 7-year interval. Genetic and environmental differences between families were found to account for the association between earlier age at first sex and increases in delinquency. After controlling for these genetic and environmental confounds using a quasi-experimental design, earlier age at first sex predicted lower levels of delinquency in early adulthood. The current study is contrasted with previous research with non-genetically informative samples, including Armour and Haynie (2007, Journal of Youth and Adolescence, 36, 141–152). Results suggest a more nuanced perspective on the meaning and consequences of adolescent sexuality than is commonly put forth in the literature.

Between morality and rationality: framing end-of-life care policy through narratives

This paper analyzes the nature of the debate generated prior to the implementation of the Act Respecting End-of-Life Care in 2015 in Québec (Canada). Including medical assistance in dying (MAID) along existing palliative care services, the act is an important policy change on a very sensitive issue. As such, MAID could be categorized as a morality policy issue, the latter being defined as a particular category of policy because of its specific features (issues of first principle, technical simplicity, high salience, public interest, and public participation). In line with Mucciaroni’s proposition, we rather analyze this issue by understanding morality policy as one of two framing strategies (moral and/or rational-instrumental frame). Our research reconstructs four public opinion framings as advanced and transmitted through the media between 2005 and 2015. It shows that although opponents to the bill unsurprisingly framed the debate in deontological terms, mostly referring to sanctity of life as one of the most important values in society, they also framed it on rational-instrumental grounds in a similar proportion, alleging the danger of a slippery slope and potential abuse. As well, if some of the proponents favored a moral framing centered on the argument that dignity and individual autonomy take precedence over all other values, others put forward a rational-instrumental one, where the slippery slope/abuse argument is used as a cautionary statement against the artificial prolongation of life. Our analysis reinforces Mucciaroni’s and Ferraiolo’s assertions that sensitive issues classified as morality policy cannot be apprehended solely through the unidimensional frame of morality.     

Explaining the Consequences of Imprisonment for Union Formation and Dissolution in Denmark

Crime and subsequent imprisonment reduces men's chances on the marriage market and increases their divorce risk, but existing research, with a few notable exceptions, is silent about the underlying mechanisms driving these effects. This article studies the effect of home confinement under electronic monitoring as a noncustodial alternative to imprisonment on the risk of relationship dissolution and being single, thereby distinguishing between effects of incarceration and of committing crime. We study a policy that expanded the use of electronic monitoring to address nonrandom selection into electronic monitoring instead of in prison. Results from a sample of 4,522 men show that home confinement under electronic monitoring significantly and persistently lowers the risk both of being single and of becoming single during the first five years following conviction. The results show that one of the tools that could promote decarceration trends also secures better relationship outcomes of convicted men.     

The new policy sciences: combining the cognitive science of choice,multiple theories of context,and basic and applied analysis

It is time to imagine a new policy sciences. The policymaking world has moved on since its first design. So too has our understanding of it. The original policy sciences were contextualized, problem-oriented, multi-method, and focused on using scientific research towards the realization of greater human dignity. We introduce a new policy sciences that builds on such aims. We describe the need for realistic depictions of ‘rational’ and ‘irrational’ choice, multiple theories to portray the multifaceted nature of complex contexts, and the combination of applied and basic research. To set this new agenda, we build on two foundational strategies: identifying advances in the psychology of decision-making and describing how policy theories depict policymaking psychology in complex contexts.     

Southeast Asia and the Golden Triangle's Heroin Trade: Threat and Response

The Golden Triangle of Southeast Asia lies at the heart of the global heroin trade, accounting for roughly 60 percent of all illicit opium production. Narcotics from this part of the world have had an insidious, corrosive, far reaching and, at times, highly destabilizing impact. In particular, they have been linked to an explosion of AIDS, social instability, a lack of economic performance, official corruption and the growing force of organized crime. These effects have been felt, in one form or another throughout Southeast Asia, North America, Australasia, and Northeast Asia. Dealing with the threat posed by the Golden Triangles heroin trade will require a fully inclusive strategy that emphasizes both supply disruption and demand reduction. While certain Southeast Asian states have pledged to intensify the scope and effectiveness of their drug policies, official apathy is widespread and continues to mitigate against effective counter-measures.     

Forecasting the 2013 German Bundestag Election Using Many Polls and Historical Election Results

This article reports on an attempt to forecast the outcome of the 2013 election to the German Bundestag. In contrast to the predominant academic approach to forecast incumbent vote shares from measures of government popularity, economic conditions and other fundamental variables, we entirely relied on data from published trial heat polls. Opposite to common practice in the news media, we did not take isolated polls as election forecasts in their own right. Instead, we used historical data to assess empirically the relationship between polls and election outcomes, and combined extrapolations from current polls in a Bayesian manner. The forecast was published one month ahead of the election. The retrospective evaluation of our method was added after the election. While our method is parsimonious and provides a large lead time, the performance at the 2013 election was underwhelming. We offer additional suggestions how the approach can be improved in future scenarios.     

Nation-Building Narratives in Viet Nam: A Memoir on B-52s and Their Aftermath

In late 1972 (December 18-30), the Christmas Bombing of Hanoi in the Democratic Republic of Viet Nam by the U.S. Air Force took place. Three weeks later, the American author arrived and witnessed the destruction and how the Vietnamese had already fitted this 'Battle of the B-52s' into their centuries old narrative of resistance to foreign invasion. This article recounts the people and situations that he met on this visit and the ways Vietnamese of all kinds viewed the battle as a great victory for their land, one reinforcing their sense of past, present, and future.