THE LOCAL GOVERNMENT COMMISSION: EXAMINING THE CONSULTATIVE PROCESS

This article shows how a complex configuration of interests has shaped the work of the Local Government Commission for England ( lgc ). The article focuses upon the consultative processes associated with the work of the commission in Leicestershire and makes a dual contribution to our understanding of the emerging structure of English non-metropolitan local government. First, it provides a detailed insight into the consultative exercises carried out by one local authority, Leicestershire County Council ( lcc ), and explores the strategies employed by that authority in order to secure an optimal outcome from the Local Government Commission. Second, it argues that organization theory, notably the inter-organizational analysis applied by Leach in his work on the impact of the reorganization of local government in metropolitan Britain, offers the most pertinent theoretical framework for analysis. The article highlights the inadequacies of the consultation process around local government reorganization, showing that neither the efforts of the county council nor the commission itself stimulated a reasoned debate amongst the public. The review process did not capture people's imagination; nor did it stimulate genuine debate about the kind of local government we want. Essentially, what this article depicts is a picture of a pragmatic and brutal organizational battle in which there were losers as well as winners.     

TOWARD A THEORY OF BAIL RISK

Criteria which are commonly employed in the assessment of the bail risk (failure to appear) are examined. based on samples of defendants released in Philadelphia, Delaware. and Delaware County, Pennsylvania. The original release on recognizance criteria offered by the Manhattan Bail Project is contrasted with a factor analytical model of bail risk produced through the present study. Counter to the original construct, community ties are reflected in two separate factors rather than one. Findings suggest a reassessment of the meaning of community ties with respect to bail risk. In contrast to the original interpretation, basedprincipally on length of time in a community and contacts with friends and relatives, successful performance of adult male roles in the community reflected by marriage and its associated responsibilities appears to be more important in assessing bail risk. The community ties factor, however, may be a byproduct of differential local community social structure and process.     

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.     

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.