The Queensland Health Royal Commissions

Utilisation of public inquiries and royal commissions in Westminster systems of government is a source of continuing interest. That royal commissions continue to be appointed when there is an increasing array of other institutions governments can now employ and given that royal commission reports often have very adverse impacts on the appointing governments, remains a key issue. So the appointment by the Queensland government of not one, but two royal commissions in 2005 into the same topic – the recruitment and performance of doctors recruited abroad working in Queensland public hospitals – provides a special opportunity to analyse the circumstances in which a royal commission mechanism is activated. That one of these royal commissions had to be disbanded because of legal action taken by several of those being investigated is another reason to assess these royal commissions. This is almost without precedent in Australia and has implications for the future conduct of such bodies. Lastly, how the Queensland government was able to minimise the blame from the subsequent royal commission's highly critical report, is also instructive and worthy of assessment .     

Candidate Recruitment and Selection in Latin America: A Framework for Analysis

This article provides a theoretical framework for analyzing the recruitment and selection of legislative candidates in Latin America. It argues that political recruitment and candidate selection are undertheorized for Latin America yet have determinative impacts on political systems, often overriding the influence of more commonly studied institutional variables. The article elucidates a typology of legislative candidates based on the legal and party variables that lead to the emergence of particular selection methods, as well as the patterns of loyalty generated by those methods. It analyzes the recruitment and selection processes as independent and dependent variables, underscoring the significant effect these procedures have on the incentive structure and subsequent behavior of legislators. Those factors, in turn, have important consequences for democratic governability and the performance of presidentialism.     

DNA evidence in jury trials: the "CSI effect"

In Murdoch v The Queen (2007) 167 A Crim R 329, Hillier v The Queen (2007) 228 CLR 618 and Forbes v The Queen (2009) 167ACTR 1, Australian appellate courts considered the interpretation of DNA evidence and the possibility of secondary transfer of DNA samples and questions about the statistical calculations used to produce probabilities of DNA matches. Following the 2010 Victorian case of Farrah Jama, whose conviction for rape was quashed 16 months into his prison sentence after it was discovered that the incriminating DNA sample was contaminated, Mr FRH Vincent QC, in his report to the Victorian Attorney-General, was scathing of the conduct of the case and made a number of recommendations, all of which were immediately adopted by the Victorian Government. Following the release of the Vincent Report, Australia's Attorneys-General have established a working party to examine national standards for the use and collection of DNA evidence. The use and interpretation of DNA evidence in jury trials is considered and factors that improve jury understanding of DNA evidence are discussed.     

Validation of Tool Mark Comparisons Obtained Using a Quantitative,Comparative, Statistical Algorithm

Abstract: A statistical analysis and computational algorithm for comparing pairs of tool marks via profilometry data is described. Empirical validation of the method is established through experiments based on tool marks made at selected fixed angles from 50 sequentially manufactured screwdriver tips. Results obtained from three different comparison scenarios are presented and are in agreement with experiential knowledge possessed by practicing examiners. Further comparisons between scores produced by the algorithm and visual assessments of the same tool mark pairs by professional tool mark examiners in a blind study in general show good agreement between the algorithm and human experts. In specific instances where the algorithm had difficulty in assessing a particular comparison pair, results obtained during the collaborative study with professional examiners suggest ways in which algorithm performance may be improved. It is concluded that the addition of contextual information when inputting data into the algorithm should result in better performance.     

Accountability in the Regulatory State

Accountability has long been both a key theme and a key problem in constitutional scholarship. The centrality of the accountability debates in contemporary political and legal discourse is a product of the difficulty of balancing the autonomy given to those exercising public power with appropriate control. The traditional mechanisms of accountability to Parliament and to the courts are problematic because in a complex administrative state, characterized by widespread delegation of discretion to actors located far from the centre of government, the conception of centralized responsibility upon which traditional accountability mechanisms are based is often fictional. The problems of accountability have been made manifest by the transformations wrought on public administration by the new public management (NPM) revolution which have further fragmented the public sector. In this article it is argued that if public lawyers are to be reconciled to these changes then it will be through recognizing the potential for additional or extended mechanisms of accountability in supplementing or displacing traditional accountability functions. The article identifies and develops two such extended accountability models: interdependence and redundancy     

Organizational [Dis]trust: Comparing Disengagement Among Former Left-Wing and Right-Wing Violent Extremists

In order to move beyond the existing push/pull framework to understand disengagement, we apply a systematic coding scheme derived from Mayer and colleagues' integrative model of organizational trust to examine why people leave extremist groups. In doing so, we also rely on in-depth life history interviews with twenty former left- and right-wing extremists to examine whether antecedents of distrust vary between the two groups. Findings suggest substantial similarities and important differences between left- and right-wing extremists' decision to leave. In particular, perceptions of poor planning and organization, low-quality personnel and vindictive behavior generate perceptions of organizational distrust and disillusionment. Although findings from the current study are based on a relatively small sample, notable similarities were identified between both groups regarding sources of distrust (e.g., leaders, group members). We also identified differences regarding the role of violence in weakening solidarity and nurturing disillusionment with extremist activities. We conclude this article with suggestions for future research that extend the study of terrorism and that may have significance for how practitioners address countering violent extremism initiatives.     

CONCEIVING THE “WEST”: EARLY TWENTIETH-CENTURY VISIONS OF KHAM

Abstract

As the nineteenth century drew to a close, the Tibetan plateau in the eyes of the gentry and officials of Sichuan Province was little more than a defensive fence bolting the back door of the empire. Although a stone stele erected in 1727 proclaimed much of the Kham region of ethnographic Tibet to be under Sichuan's jurisdiction, its invested rulers were administered by a “loose rein” policy, leaving its polities effectively independent of Chinese authority, the borderland and its inhabitants being of little interest to the Qing state. Yet the turn of the nineteenth century marked the reenvisioning of the once-barren borderland as a resource-rich terrain worthy of industrial development and inhabited by a population in need of cultural transformation. This article examines the convergence of local and regional dangers and opportunities with the influence of absolutist notions of two newly globalizing norms, territoriality and sovereignty, a convergence that fostered this new vision of Kham as integral to the burgeoning Chinese state and nation. The ramifications of this transformation in perceptions of the former imperial frontier as “West” would resonate across China's western interior throughout the twentieth century.     

Learning about Voter Rationality

An important empirical literature evaluates whether voters are rational by examining how electoral outcomes respond to events outside the control of politicians, such as natural disasters or economic shocks. The argument is that rational voters should not base electoral decisions on such events, so evidence that these events affect electoral outcomes is evidence of voter irrationality. We show that such events can affect electoral outcomes, even if voters are rational and have instrumental preferences. The reason is that these events change voters' opportunities to learn new information about incumbents. Thus, identifying voter (ir)rationality requires more than just identifying the impact of exogenous shocks on electoral fortunes. Our analysis highlights systematic ways in which electoral fortunes are expected to change in response to events outside incumbents' control. Such results can inform empirical work attempting to identify voter (ir)rationality.     

Disgust,Anxiety, and Political Learning in the Face of Threat

Emotions feature prominently in political rhetoric and media frames, and they have potent effects on how people process information. Yet, existing research has largely overlooked the influence of disgust, which is a basic emotion that leads people to avoid contamination threats. We illustrate how disgust may impede learning, as compared to the more commonly studied emotion of anxiety. Disgust and anxiety are natural reactions to many kinds of political threats, but the two emotions influence political engagement in different ways. This study investigated the distinctive effects of disgust in a series of experiments that manipulated information about the outbreak of an infectious disease. People who felt disgusted by a health threat were less likely to learn crucial facts about the threat and less likely to seek additional information. Thus, disgust has the counterintuitive effect of decreasing public engagement in precisely those situations where it is most critical.