Improving Russian Justice with Foreign Assistance: Model Courts and the Tactical Approach

This article argues that as an interactive, tactical approach to sharing good practices, model courts represent an especially fruitful vehicle for accomplishing judicial reform. This contention is illustrated with an assessment of Canadian and American judicial reform projects in Russia in creating model district courts and diffusing their experience to other courts throughout the country. Mechanisms of diffusion included both a new curriculum for the training of court staff and new instructions for case management, as well as the indirect spread of concepts and practices through social learning. The article goes on to explore the reasons for the success of these projects and the conditions under which the tactical approach is most appropriate.     

ADMINISTRATIVE REFORM – GENERAL PRINCIPLES AND THE AUSTRALIAN EXPERIENCE

Failure to understand the political nature of administrative reform and to develop a political strategy to overcome resistance lies behind the failure of many reform attempts. The prerequisites of reform include political will, time, resources, an ongoing institution promoting change, and a strategy which concentrates on the implementation stage when resistance is strongest. Such a strategy must use the principal levers of change, including legislation, which directly affect administrative behaviour. In Australia in the 1970s administrative reform proceeded only slowly with the exception of changes in some States and the introduction of a new body of Federal administrative law. A better reform strategy in the past two years has resulted in extensive legislative change at the Federal level including greater ministerial control over certain senior appointments, open public competition for the top one per cent of civil service jobs, affirmative action and industrial democracy. There has thus been a further shift towards a unique Australian model of public administration.     

‘THE GREAT DOCK AND DOLE SWINDLE’: ACCOUNTING FOR THE COSTS AND BENEFITS OF PORT TRANSPORT DEREGULATION AND THE DOCK LABOUR COMPENSATION SCHEME*

Deregulation of the port transport industry was predicted to bring much needed jobs and investment to Britain's ailing dockland areas, lower prices for port users and consumers, and improved international competitiveness. These benefits were anticipated to far exceed any attendant costs. But the benefits have failed to materialize, largely because the government failed to appreciate the non-competitive structure of the industry or the effects of the National Dock Labour Scheme on the economic performance of the ports, while the costs were substantially underestimated. Consequently, the costs of deregulation have exceeded the benefits. As in the past, current industrial policy has been dictated by the apparent‘labour problems’of the docks, but the new system of deregulation, founded on the mass redundancy of exregistered dockers and a re-assertion of managerial prerogative, has exacerbated rather than resolved the underlying structural weaknesses of the industry. In particular, deregulation has ushered in a new era of casual employment on the docks. Unless, or until, public policy addresses these problems the costs of deregulation will continue to accumulate.