Privatization and the boundaries of judicial review

Abstract: Can a public authority avoid public law requirements, such as an obligation to act fairly, by “contracting out” the performance of its functions? In Société de l'assurance automobile du Québec v. Cyr, the Supreme Court of Canada said “no,” but it did not explain how far the Court will move the boundaries of judicial review to adapt to the growth of the private role in governance. However, there is reason to believe that the Court is moving towards a functional approach in defining state power and the location of the boundary between public and private law. This promises to be more coherent and effective than the piecemeal functional approaches that have emerged in the United States and the United Kingdom. A functional approach will prevent the lines of legal accountability to Parliament, the legislatures, the electorate and the courts from being severed by a contract between a public authority and a private party. At the same time, the emerging functional approach accepts that public law remedies should generally not be available if private law offers an adequate remedy or if applying public law would generate disproportionate costs to efficiency or would damage other public law objectives or private interests.     

The Swiss business elite (1980–2000): how the changing composition of the elite explains the decline of the Swiss company network

Abstract

In this paper we analyse the decline of the Swiss corporate network between 1980 and 2000. We address the theoretical and methodological challenge of this transformation by the use of a combination of network analysis and multiple correspondence analysis (MCA). Based on a sample of top managers of the 110 largest Swiss companies in 1980 and 2000 we show that, beyond an adjustment to structural pressure, an explanation of the decline of the network has to include the strategies of the fractions of the business elites. We reveal that three factors contribute crucially to the decline of the Swiss corporate network: the managerialization of industrial leaders, the marginalization of law degree holders and the influx of hardly connected foreign managers.     

Observatory's linguistic landscape: semiotic appropriation and the reinvention of space

Using a longitudinal ethnographic study of the linguistic landscape (LL) in Observatory's business corridor of Lower Main Road, the paper explores changes brought about by the influx of immigrant Africans, their artefacts and language practices. The paper uses the changes in the LL over time and the development of an “African Corner” within Lower Main Road, to illustrate the appropriation of space and the unpredictability, which comes along with highly mobile, technological and multicultural citizens. It is argued that changes in the LL are part of the act of claiming and appropriating space wherein space becomes summarily recontexualized and hence reinvented and “owned” by new actors. It is also argued that space ownership can be concealed through what we have called “brand anonymity” strategies in which the identity of the owner is deliberately concealed behind global brands. We conclude that space is pliable and mobile, and that, it is the people within space who carve out new social practices in their appropriated space.     

Changing trends in West Africa’s drug policy terrain: a theoretical perspective

This article examines the challenges of narcotic drugs in West Africa following the region's emergence as a major transit zone for the trafficking of cocaine and other illicit drugs to many countries in Europe. In addition to the trafficking problem, the use of narcotic drugs has been on the increase in the region. In effect, the drug policy terrain in West Africa appears to be undergoing changing trends. To understand these changes, the article draws on the policy paradigm (orders of change) theory to examine the types of change that are occurring. The analysis reveals that the drug policy terrain is undergoing first and second order changes.