The nature of the beneficiary's interest and the role of the personal representative in the administration and distribution of an estate

who at the time of writing this article was a part-time tutor at Cardiff Law School.     

Citizen participation and judgment in policy analysis: A case study of urban air quality policy

The emphasis currently placed on citizen participation in planning results in part from the recognition that planning requires judgments that have both value and technical components. This article describes a case study of a citizen participation process in which planners' judgments, rather than the judgments of the members of a citizens' task force, seemed to dictate the outcome. Although citizens were supposed to be influential in the policy analysis, they were, in effect, excluded from a meaningful role in the process. The analysis was actually guided by planners' supposedly technical judgments. Those judgments had important value implications, however, and those implications were not made clear to the citizens' task force. Examples are given of judgments made by planners at each stage of the analysis and the value components of those judgments are discussed. In each example, the judgments resulted in elimination of alternatives, selection of information, or integration of information. Two examples of methods of citizen participation which can increase the influence of citizens' judgments are also described.The National Center for Atmospheric Research is sponsored by the National Science Foundation.     

Shooting from the Hip: Proposed Minimum Rights in Criminal Proceedings throughout the EU

Abstract:  EU action in the field of procedural rights in criminal proceedings was expected. The effects on procedural rights of the EU-propelled increase of repressive, cross-border efficiency with the application of the principle of mutual recognition could not fail to be noticed, and doctrinal opinion has been outspokenly critical of the current predominance of the 'security'-element over the other two in the 'area of freedom, security and justice'. Unfortunately, the proposed Framework Decision on certain procedural rights in criminal proceedings throughout the EU is a double failure: first, the Commission's methodological choices betray a cavalier attitude to the limits of EU competence in this area. Second, it is also a substantive failure in that the rights selected as being 'so fundamental that they should be given priority at this stage' do little to solve the problems actually besetting the application of the principle of mutual recognition in criminal matters.     

Transformative state publics

Against the conventional assumption that publics, and particularly radical publics, are outside the state, this article explores their mutual combination and entanglement in order to consider how states might contribute to progressive politics. At the heart of this account is a concept of the state that incorporates the dissident and fleeting, and a conception of transformative publics based on four modalities: prefigurative, improper, liberatory, and unconditional. Transformative publics can be found within state formations; they also combine with them to produce new political governance relations. To develop this argument, the article focuses on two kinds of publics: those involving compelled state actors, such as school children and prisoners; and those, such as protest camps, taking shape through grass-roots political action.     

Control,consent and political legitimacy

In this essay, I evaluate Philip Pettit’s theory of republican political legitimacy and maintain that it fails to provide a more satisfactory account of legitimacy than consent-based theories. I advance two interrelated theses. First, I argue that in so far as Pettit successfully narrows the scope that his theory of political legitimacy has to address, his arguments could be adapted to support consent-based theories. Second, I argue that Pettit’s theory fails to satisfy the high standards it sets for itself and is thus unsuccessful. My critique focuses on Pettit’s notions of historical, political and normative necessity, before evaluating whether his requirement of equally individualised popular control of government should be endorsed.