Where to Draw the Line? Is Efficiency Encroaching on a Fair Justice System?

The government is currently implementing an ambitious agenda of reforms to transform the justice system of England and Wales. The stated aim is to improve efficiency, primarily by utilising technology and bringing processes online where possible. The speed and ambition of the programme has led to concerns that the drive for efficiency is coming at the expense of ensuring a fair and effective justice system. This article suggests that the fundamental principles underpinning our justice system are at risk of being lost in the push for increased efficiency. It focuses on two specific proposals: increasing the use of video links, thus moving to virtual hearings as the default position for the majority of cases; and of automating the conviction process in certain criminal cases. It is argued that both proposals undermine the role of an independent judiciary in making fair and transparent decisions.     

东北亚安全合作机制国际研讨会主要观点

“东北亚安全合作机制”国际研讨会于2005年8月3-4日在北京召开。会议由中国现代国际关系研究院与福特基金会共同主办,来自中、美、俄、日、韩、朝六国的20多位专家学者,围绕传统同盟关系、六方会谈、双边关系、非传统安全、经济合作与东北亚安全合作,以及建立东北亚安全合作机制的困难和方案等议题进行了广泛、深入的探讨。现将会议一些主要观点摘要选登如下,以飨读者。     

‘Exceptional’ Women,Healthcare Consumers and the Inevitability of Caring

In Rogers, the Court of Appeal held that the decision of Swindon N.H.S. Primary Care Trust to refuse to fund Herceptin for the treatment of Ann Rogers against breast cancer was irrational. The P.C.T. maintained that their decision was not resource driven but based on the fact that Herceptin was, at that time, not licensed by the European Medicines Agency (E.M.E.A.) for use in early stage breast cancer. Yet it was prepared to fund its use in ‹exceptional circumstances’ which could only be based upon the personal situation of the patient. In this note, I focus upon the ‹exceptionality’ argument in the context of the patient as consumer of healthcare and women as carers. I argue for a focus upon caring rather than consumerism in healthcare.     

Thinking about change for development practice: a case study from Oxfam GB

Development practice is informed by theories of change, but individuals and organisations may not make them explicit. Practitioners may be unaware of the extent to which strategic choices and debates are informed by disparate thinking about how history happens and the role of purposeful intervention for progressive social change. In the past few years, some Oxfam GB staff have been creating processes to debate their theories of change as part of an effort to improve practice. In this context, the authors introduce four sets of ideas about change, with a discussion of how they have been explored in two instances, and some of the challenges emerging from this process. Through explicitly debating theories of change, organisational decision-making processes can be better informed and strategic choices made more transparent.     

The European Union and gender mainstreaming: Constitutionally embedded or comprehensively marginalised?

This paper examines the extent to which gender mainstreaming is constitutionally embedded in the legal framework of the European Union. Within the framework of that broad question it examines three sub-questions concerning the robustness and constitutionalised nature of the E.U.'s `equality regime', the extent of adaptation to mainstreaming methodologies by supranational institutions such as the Court of Justice, and the extent of the gender dimension in the debates which are shaping the future of the European Union, especially the 2002–3Convention on the Future of the Union and the Commission's Governance White Paper of 2001.The E.U. is analysed in this article as an emergent, non-state, postnational constitutionalised polity. The first section presents this perspective, and the succeeding three sections engage with the three` sub-questions' outlined above. The conclusion suggests that as yet, while gender concerns maybe constitutionally embedded in the Treatyframe work, they are less prominent in the constitutional politics of the Convention and the Governance White Paper. This revised version was published online in July 2006 with corrections to the Cover Date.     

Shift patterns and hardiness: Police use of lethal force during simulated incidents

In the present experiment, utilizing the Film Fire' shooting simulation system, the effects of shift patterns and hardiness on police officers' judgments (decisions to (i) shoot at a suspect and (ii) taking cover during the confrontation) were examined. Sixty-one Authorised Firearms Officers were briefed on two “incidents” they would be asked to attend. The experiment took place at three different times, each time one hour before completion of the shift: at 1 p.m. (early day shift), 9 p.m. (late day shift), or 5 a.m. (night shift). In one incident the officer would be justified in shooting the suspect, whereas in the other incident it would be difficult for the officer to justify having shot the suspect. Because in both incidents the suspects were threatening the police officer, taking cover during both incidents would be desirable. Results revealed that most erroneous decisions occurred during the early shift, and that officers low in hardiness made more incorrect judgments than officers high in hardiness. Implications of the findings are discussed. Authors' Note: This study has been sponsored by the Economic and Social Research Council (ESRC), studentship award given to the first author.