‘Yeah but,no but’ – Pinnock and Powell in the Supreme Court

This note considers the Supreme Court decisions in Manchester CC v Pinnock and Hounslow LBC v Powell. It is argued that there are a number of remaining outstanding questions around proportionality, including: deference; section 89, Housing Act 1980; procedural issues; ‘publicness’; and the future landscape.     

The nature of the beast: are citizens’ juries deliberative or pluralist?

Citizens’ juries are a form of “minipublics,” small-scale experiments with citizen participation in public decision-making. The article presents a theoretical argument that improves understanding relating to the design of the citizens’ jury. We develop the claim that two discourses on democracy can be discerned: the deliberative and the pluralist. By looking at the design features of citizens’ juries we conclude that they are based on pluralist reasoning to a far greater extent than most authors seem to realize, and that the association with deliberative democracy is therefore one-sided. Based on empirical findings, we attempt to shed further light on the actual operation of citizens’ juries. Observations of two recent Dutch juries suggest on the one hand that a learning process and a positive effect on the sense of political involvement occurred. On the other hand, we saw a certain level of groupthink in one of the citizens’ juries, and found that the juries are not greatly representative in terms of political preferences. Our findings point firstly to a need for greater awareness among the organizers of juries of the two democratic discourses. This would lead to more consistent jury design. Secondly, our research emphasizes the need for more hands-on critical research of minipublics.

Measuring parentage policy in the Canadian provinces: A comparative framework

This paper develops a framework to measure parentage policy based on the legal barriers faced by intended parents, taking into account eligibility requirements, rules for genetic relationships, and surrogacy contract enforceability. It then applies this framework to the Canadian provinces. While parentage policy in Canada is undoubtedly a patchwork, policy change has moved in an increasingly permissive direction, often as a result of litigation. Moreover, this study provides an opportunity to develop broader research project for comparative scholars of parentage policy. Future studies of parentage policy, building from the framework developed here, should qualitatively examine the role of policy implementers other than legislatures and determine how policy learning and transfer affect parentage policy change. Because parentage policy can provide legal certainty for parents and prevent legal disputes, understanding the factors behind policy change is an endeavour with both theoretical and practical significance.     

Book reviews

Jonathan Michie and John Grieve Smith (eds), Managing the Global Economy, (Oxford University Press, Oxford 1995). 343pp. ISBN 0–19–828968–5 (pb).

Hilary Rose, Love, power and knowledge: towards a feminist transformation of the sciences, (Polity Press, Cambridge 1994). 336pp. ISBN 0–7456–1001–3 (pb).

Daniele Archibugi and David Held (eds), Cosmopolitan Democracy, (Polity Press, Cambridge 1995). 190pp. ISBN 0–7456–1380–2, 0–7456–1381 0 (pb).

Olivier Roy, The Failure of Political Islam, (I B Tauris, London 1994). 224 pp. ISBN 1–85043–880–3.

T. Gallagher, Romania After Ceausescu, (Edinburgh University Press, Edinburgh 1995). 276pp. ISBN 0 7486 0613 0 (pb).

John Gray, Beyond the New Right: Markets, Government and the Common Environment, (Routledge, London and New York 1993). 195pp. ISBN 0–145–09297–3 9, 0–145–10706–7 (pb).

Anthony Giddens, Beyond Left and Right: the Future of Radical Politics, (Polity Press, Cambridge 1994). 276pp. ISBN 0–7456–1438–8, 0–7456–1439–6 (pb).

Nicola Field, Over the Rainbow: Money, Class and Homophobia, (Pluto, London 1995). 193pp. ISBN 0–7453–0825–2.

Red‐Green Study Group, What on earth is to be done? A red‐green dialogue, (Red‐Green Study Group, Manchester 1995). x+69pp. ISBN 0–9525784–0–9.

Darrow Schecter, Radical theories: Paths beyond Marxism and social democracy, (Manchester University Press, Manchester and New York 1994). x+205pp. ISBN 0–7190–4385–9.     

Policing Unauthorized Camping

We argue that the links between welfare, policing, and exclusion, though rarely made explicit, nevertheless form the undercurrent of the modern neo-liberal state. In making this argument, we draw particularly upon the voluminous literature which amplifies the seminal work of Foucault, especially as it relates to government. Thereafter, we apply this set of understandings to the way in which the unauthorized encampments of Gypsies and Travellers are policed. We concentrate first on the construction of legislation and its legal aftermath. Subsequently, we draw upon case study evidence to illustrate our thesis, particularly focusing on the sorting processes of decision-makers.     

Trade unions and NGOs: the need for cooperation

The challenges posed by economic globalisation make it imperative that civil society organisations break down the barriers that have traditionally divided them, in order to ensure that the rights of those who are marginalised or vulnerable are kept firmly on the international agenda. In particular, globalisation brings fresh impetus to the need to forge alliances between the trade union movement and NGOs concerned with social and economic development. While there is plenty of evidence of successful cooperation, major problems, fears, suspicions, and at times hostilities remain between them. Some of these are substantial and sharp policy differences, but others are the consequence of colliding political or organisational cultures, prejudices, financial competition, and a mutual lack of understanding of respective roles and objectives. Debates surrounding the organisation of workers in the informal economy, including the ILO discussion in June 2002, provide a useful case study.     

Rap Music Genres and Deviant Behaviors in French-Canadian Adolescents

This study investigated the links between the preference for 4 rap music genres (American rap, French rap, hip hop/soul, and gangsta/hardcore rap) and 5 types of deviant behaviors in adolescence (violence, theft, street gangs, mild drug use, and hard drug use). The effects of peers' deviancy, violent media, and importance given to lyrics were statistically controlled. A self-report questionnaire was distributed to a sample of 348 bilingual French-Canadian adolescents (age: M = 15.32; SD = 0.9; 185 girls and 163 boys). Results indicated that rap music as a whole was linked to deviant behaviors, however the nature of the relation differed according to genres. Preference for French rap had the strongest links to deviant behaviors, whereas preference for hip hop/soul was linked to less deviant behaviors. Results are discussed within the psychosocial and sociocognitive perspectives on music influence in adolescence and also within the perspective of normative deviant behaviors in adolescence.     

Police interrogation practice in Slovenia

Interrogation techniques are well explored, but in Slovenia it has remained unknown what interrogation techniques are used and what the basic characteristics of suspect interrogations are. The Slovenian interrogation manual proposes some coercive interrogation techniques and neglects their weaknesses. The aim of the current study was to examine Slovenian police officers’ beliefs as to the basic characteristics of their interrogations and whether techniques proposed by the manual are used in practice to begin to provide some insight into what actually happens in such interrogations. A survey instrument was used to obtain self-report data from a sample of criminal investigators. From 86 completed questionnaires it was found that a typical interrogation of a suspect lasts around 90 minutes and is not recorded. Interviewers typically use three interrogation techniques namely (i) conducting interrogations in isolation; (ii) identifying contradictions in the suspect's story; and (iii) confronting the suspect with evidence. Findings suggest that some coercive interrogation techniques are used in practice (e.g. offering moral justifications, alluding to have evidence of guilt, good cop/bad cop routine, and minimization). The study is the first insight into the practices of Slovenian investigators when questioning suspects. Differences among general, white-collar and organized crime investigators are also discussed.