Being Ms B: B, autonomy and the nature of legal regulation

In this article, we question the apparent simplicity of medical law's construction of 'life and death' cases as a clash between the sanctity of life principle and patient autonomy. Our main purpose in doing so is to try to understand more fully the nature of law's regulation of the existence and non-existence of life. Specifically, we argue that, by broadening the understanding of autonomy in this area beyond a simple concern for patients' rights and self-determination, to include a focus on the individual generally, it becomes possible to identify some of the legal practices that are central to the manner in which law regulates the threshold between life and death. Through an analysis of a recent case in English law--Re B (an adult: refusal of medical treatment)--(although Australian jurisdictions presently disclose no similar, authoritative case, ours presently is almost an arbitrary choice)--we demonstrate the central role played in this regulation by tests for mental capacity, questions of character, explanation, and imagination. We conclude that medical law, at least in this context, can be theorised as a normalising practice--one in which the determination of norms often occurs through patients.     

Economic issues in access to medications: schizophrenia treatment in England

Mental health problems and the services to address them are currently receiving more attention in the UK than ever. Mental health care in England--indeed, across the UK--is experiencing a much needed transformation. It is therefore highly pertinent to examine the patterns of psychotropic medication use, given their intended links to recovery, rehabilitation, and reintegration, as well as to explore the economic and other factors that appear to influence those patterns. These are the aims of this paper. Our attention will be primarily focused on England. What this analysis shows is that given a higher profile by government, including additional funding (although not really benefiting differentially compared to other parts of the health service) and the first national service framework, it is possible to see changes in service patterns, access and (to a degree) outcomes. These changes are occurring at a time when new classes of psychotropic medication are being introduced in a range of therapeutic areas, contributing to the relatively rapid growth of take-up but also raising questions about appropriateness, effectiveness, cost-effectiveness and equity.     

Edward Gough Whitlam, 1916–2014: An Assessment of His Political Significance

Gough Whitlam’s political significance lies in the first instance in his leading the Australian Labor Party into office at federal level in December 1972 after 23 years in opposition. As prime minister he instituted wide-ranging domestic reforms expanding the involvement of the Commonwealth government into many areas affecting the lives of ordinary Australians. He faced a declining economic situation and a parliamentary opposition determined to impede his reforms; the blocking of supply in the Senate culminated in Whitlam’s dismissal by the governor-general on 11 November 1975. In foreign policy, Whitlam repositioned Australia as an active middle power. His opening to China coincided with the Sino-American normalisation, leading to a new direction in Australian foreign policy that gained momentum in subsequent years; the fundamentals of the Australian relationship with the United States remained intact. Whitlam was motivated by a vision of ‘positive equality’ in government services as the basis of social democracy. From a contemporary perspective there is less faith in the efficacy of government action than was the case with Whitlam. His government bears comparison with the great reform governments in the Australian Labor tradition, as well as in Canada, the United Kingdom, and even the United States.     

“Keeping Pandora's (ballot) box half-shut”: a comparative inquiry into the institutional limits of external voting in EU Member States

The article compares the institutional constraints that limit the potential electoral impact of external voting in national legislative elections in the 28 Member States of the European Union (EU). It shows that the discrepancy between policy aims and outcomes can be mainly attributed to a variety of institutional constraints restricting the scope of the policy (through residence and professional qualifications); limiting eligible voters’ access to the ballot (through cumbersome registration procedures and voting methods); and reducing the electoral weight attributed to their votes (through distinct modes of representation). It argues that the discrepancy is at least partly the result of a combination of electoral and normative concerns about the influence that external voters could and should have in elections. Institutional restrictions on the franchise of external citizens may be interpreted as a way to keep the “Pandora's box” of unexpected electoral consequences half-shut, by extending the suffrage to a traditionally excluded electorate while at the same time moderating the implications.