Constitutional Change: A Note by the Bedside

The British constitution is undergoing major change although it tends to be carried out piecemeal and is often ignored. There are contradictory trends in what is happening. Some changes are deliberate major reforms which tend to disperse power and strengthen the rights of the individual against the State. Other changes are incidental by-products of other government policies, and tend in the other direction, towards the greater concentration of power in, and within, central government, for instance by the weakening of local government and the treatment of individual rights in legislation against terrorism. This second trend makes it all the more important that the checks and balances on the exercise of power by central government are effective. The main responsibility for ensuring this must rest with Parliament, backed up by the courts. A Civil Service Bill and perhaps a code of governance for central government would in their different ways be useful.     

Steering at a Distance: A New Paradigm of Public Governance in Dutch Higher Education

In the 1980s a new concept of government steering was developed at the Dutch ministry of Education and Sciences, called “steering at a distance.” It is a departure from “classical” government steering by means of legislation, prohibitions and regulations and a move towards more autonomy and self-responsibility for institutions of higher education. This new paradigm of public governance in Dutch higher education represents a drastic change both in a practical sense — the new steering concept has actually been carried out and implemented resulting in major institutional, legal, financial and planning changes — and in the scientific sense. The new concept departs from hierarchical, direct top-down control. Government is only one of the influencing actors in a complex network of many interrelated, more or less autonomous actors. The new concept contributes to the scientific body of knowledge on steering in complex interorganizational networks.     

Law Guanxi: MNCs,state actors,and legal reform in China

Since 1978, China has opened itself to foreign direct investment and has undertaken significant legal reform, especially in the area of international commercial arbitration. I analyze the roles that foreign actors and state officials have played in changing Chinese legal institutions such as the Chinese International Economic and Trade Arbitration Commission (CIETAC) and personal relations, or guanxi. 1 ^1. La guanxi is a Chinese expression, meaning ‘to pull strings (to get things done)’. View all notes Foreign investors, attorneys, and non-governmental organizations are helping China to adopt formal commercial arbitral institutions that follow international norms. In that sense, foreign actors are contributing to rule of law in China. Yet, foreign investors also attempt to use guanxi to get around central regulations, thereby contributing to informal legal institutions. The combination of guanxi and formal legal institutions follows a model of path dependent institutional change. I use the terms, ‘layering’ and ‘bricolage’ to elucidate the ways that actors combine existing institutions with new legal forms introduced by foreign investors, attorneys, and NGOs.     

EXPERTISE AND POLICY‐MAKING: LEGAL PROFESSIONALS IN LOCAL GOVERNMENT

Professional influence in policy‐making is generally believed to rest on professionals successfully laying claim to access to expertise – knowledge, understanding or experience – not available to others, above all politicians. On the basis of a 2005 survey of nearly 800 lawyers serving in local authorities in England and Wales, this article explores the relationship between specialization and political influence. Lawyers who shape policy use conventional routes for political influence, establish contacts with political officeholders, tend to identify less with the profession at large and are less likely to see themselves as specialists in any field of law. This means that the relationship between expertise and political power is complex and that the notion that professionals use their expertise to shape policy should be treated with some caution.