THE POLITICAL AND ADMINISTRATIVE CONSEQUENCES OF JUDICIAL REVIEW

Academic analysis of judicial review is confined largely to juridical commentaries in legal journals. This article, written from an administrator's viewpoint, examines its consequences for the power of government, for administrative behaviour, for constitutional dynamics, and for the scientific study of policy-making. It distinguishes a four-fold effect on administrators, including a substantial element of inhibition, and highlights the uncertainty created by the incremental and inconsistent development of the principles of judicial review. In constitutional terms, while the courts eschew national security and economic policy, they have in other fields explicitly created a process of accountability parallel to that of Parliament, and have resisted statutory attempts to limit their jurisdiction. Analysed in terms of political science, judicial review imposes unrealistic standards of administrative conduct, entrenches the role of pressure groups, and places on public bodies legalistic requirements that they may not be equipped to fulfil. The combination of these pressures, exacerbated by further expansion of the scope of the judicial review, are likely to increase friction between judiciary and government, possibly precipitating a crisis.     

CHARGING FOR LOCAL GOVERNMENT SERVICES: A COHERENT PHILOSOPHY

This article reviews and critically appraises the alternative rationales and methodologies for local authority charging practice which have been proposed in the past. It goes on to advocate a charging rationale based on customized value-added services. This is argued to be a coherent charging philosophy which can realistically fit into the evolving policy, management and decision-making framework of local government. It allows for individual choices within a wider framework of collective choice and provision of services. It is capable of blending efficiency and equity criteria within a system of practical charging policies for local government services. Whilst retaining consistency of rationale, the proposal can be moulded to suit both the objectives and the particular characteristics of individual services. Practical examples are given, specific criticisms addressed and implementation is considered. The essential point is that it is compatible with the institutional framework within which it is applied.     

GENERAL MANAGEMENT IN THE NHS: THE INITIAL IMPACT 1983–88

The Griffiths report of 1983 resulted in radical changes (to which the label 'general management' has been applied) to the formalities of organization and management in the national health service. We report the findings of a major study (involving more than 300 interviews) of the impact of these changes up to 1988. Although general management has been widely accepted in the service, and seems to have resulted in some improvements to management processes, there has been no substantial change in organizational culture. We conclude that the impact of the Griffiths model of management has been limited in comparison with the continued influence of medical autonomy and financial limitations.