Politics by Other Means in South Africa Today

Rick Abel's classic Politics by Other Means (1995) used South Africa to argue for law's ‘potential nobility’, but it did so avoiding a heroic mode characteristic of much anti-apartheid writing. Abel showed how law could, with strenuous exertion, be turned into a defensive shield for the oppressed. As a sword, however, it was ‘two-edged’. It allowed the powerful to frustrate or overturn hard-won symbolic victories. Recently, the heroic mode has returned to South Africa. The Constitutional Court, in particular, is lauded for having combated ‘state capture’ under deposed President Jacob Zuma. A closer examination of this period, however, does much to vindicate Abel's earlier scepticism about law's offensive value. The spectacular deployment of law to fight politicians’ crimes has exposed the judiciary to unexpected political threats. Meanwhile, civil society's efforts to entrust judges with administrative duties shirked by the government has inevitably entailed the sacrifice of some rule of law values.     

Maximising Direct Democracy – by Popular Assemblies or by Ballot Votes?

Abstract: According to a widespread but empirically hitherto untested perception, assembly democracy is the ideal‐typical form for direct democracy. This paper examines whether this perception coincides with empirical evidence by systematically comparing the actual extent of citizens’ direct‐democratic involvement in assembly democracies and in ballot‐box democracies. A longitudinal and cross‐sectional analysis of new data on the Swiss cantons reveals strikingly clear patterns: cantons with popular assemblies provide citizens with more and more easily accessible direct‐democratic rights, and they hold popular votes more frequently. On the other hand, cantons with ballot‐box voting are more successful in involving the citizens in direct‐democratic decision‐making with respect to turnout rates.     

Profoundly Un‐Conservative? David Cameron and the UK Bill of Rights Debate

This article considers David Cameron's proposal to repeal the Human Rights Act (HRA) and replace it with a British Bill of Rights. Cameron's proposal has been heavily criticised by a range of political, academic and non‐state actors and was described by a current senior Coalition Cabinet member as ‘xenophobic’ and ‘legal nonsense’. This article takes a slightly different direction to those lines of attack and critique that have been developed of the Conservative's proposals. The central proposition of the article is that Cameron's proposal is profoundly un‐Conservative at two levels. Firstly, at the level of Conservative approaches to constitutional reform and secondly, at the level of Conservative political philosophy.     

A Prosperity of Thought in an Age of Austerity: The Case of Ulster Loyalism

A central failing of analysis of the peace process has been to account for, explain and determine the extent of loyalist‐led conflict transformation. My argument is that, despite evident wrong‐doing, there has been a failure to appreciate the prosperity of loyalist thinking and action in the period after the paramilitary ceasefires of 1994. Loyalism has appeared less relevant than it is to peacemaking due to its criminalisation, its refusal to accept positive morphology and a failure to self‐promote. An appreciation of the positive nature of loyalist transition offers much to those who seek to comprehend the future of Northern Ireland.     

New Political Governance in Westminster Systems: Impartial Public Administration and Management Performance at Risk

This article examines the phenomenon of increased political pressures on governments in four Westminster systems (Australia, Britain, Canada, and New Zealand) derived from changes in mass media and communications, increased transparency, expanded audit, increased competition in the political marketplace, and political polarization in the electorate. These pressures raise the risk to impartial public administration and management performance to the extent that governments integrate governance and campaigning, allow political staff to be a separate force in governance, politicize top public service posts, and expect public servants to be promiscuously partisan. The article concludes that New Zealand is best positioned to cope with these risks, in part because of its process for independently staffing its top public service posts. The article recommends this approach as well as the establishment of independently appointed management boards for public service departments and agencies to perform the governance of management function.     

MANAGERIAL CHALLENGES IN PUBLIC SERVICE CONTRACTING: LESSONS IN GREEN‐SPACE MANAGEMENT

In this article, we address a series of interrelated issues in the managerial challenge of public service contracting. This is done by prompting ten issues within four objectives and highlighting their relevance and potential interrelatedness in effective contract management. In contrast to prevalent piecemeal and theoretically one‐dimensional approaches, the objectives and issues constitute a holistic framework that advances a comprehensive and pragmatic understanding of contracting processes. We hope that the framework merits further in‐depth exploration that may generate new insights, themes and questions for research in public service contracting. We identify and exemplify the framework by combining insights from different theoretical perspectives with empirical evidence through an iterative process. The evidence is educed as a set of observed and self‐reported stories in a cross‐national sample of 15 cases of contracting‐out in urban green‐space management.