The ‘Hybrid Order’: origins and usage

The hospital direction (Hybrid Order) was inserted into the Mental Health Act (MHA) in 1997 (Crime (Sentences) Act, 1997). It enables higher courts to direct hospital admission for offenders, whilst still imposing a prison sentence. The origins of the ‘Hybrid Order’ and its patterns of usage are examined. Comparisons are made with its Scottish equivalent, Section 59A of the Criminal Procedure (Scotland) Act 1995. Both the ‘Hybrid Order’ and Section 59A have been used infrequently. This may reflect the fact that they were strongly resisted on ethical grounds at their point of inception and that they force the psychiatrist into the position of ‘punisher’, rather than ‘treater’. Since the 2007 Amendment of the MHA in England and Wales which expanded the remit of the ‘Hybrid Order’ to include all legal categories of mental disorder, not solely psychopathy, its use has unsurprisingly increased – this article delineates the considerations that need to be given in its recommendation.     

When Second‐Best is Still a No‐Brainer: Why Labour Should Shoot for a Majority Coalition in May 2015

The chances of Labour winning the 2015 general election with a comfortable overall majority are vanishingly small. It could, however, emerge as the largest party or finish just a handful of seats behind the Conservatives. Either scenario would give it at least a chance—and a bigger chance than many realise, we argue—of forming a government. In that event, Labour may be faced with a choice between getting together with another party (or parties) to form a majority coalition or else forming a minority government (either on its own or with one or more partners), which could assemble different majorities for different pieces of legislation or try to negotiate a ‘confidence and supply’ agreement. Given the precedents from the UK and overseas, we argue that, faced with this dilemma, Labour should do all it can to form a majority coalition. We also argue that Labour can learn some useful lessons from the Cameron–Clegg coalition.     

The Rise of the Far Right in Debtor and Creditor European Countries: The Case of European Parliament Elections

While the 2014 European Parliament elections were marked by the rise of parties on the far right‐wing, the different patterns of support that we observe across Europe and across time are not directly related to the economic crisis. Indeed, economic hardship seems neither sufficient nor necessary for the rise of such parties to occur. Using the cross‐national results for the 2004, 2009 and 2014 EP elections in order to capture time and country variations, we posit that the economy affects the rise of far right‐wing parties in more complex ways. Specifically, we compare the experience of high‐debt countries (the ‘debtors’) and the others (the ‘creditors’) and explore the relationship between far right‐wing party success on the one hand, and unemployment, inequality, immigration, globalisation and the welfare state on the other. Our discussion suggests there might be a trade‐off between budgetary stability and far right‐wing party support, but the choice between Charybdis and Scylla may be avoided if policy‐makers carefully choose which policies should bear the brunt of the fiscal adjustment.     

“We Are Left with No Other Alternative”: Legitimating Internal Secession in Northern Ontario

There are three distinctive schools of thought regarding the legitimacy of secession. According to scholars in the permissive school, secession is legitimate when it is based on the democratic expression of political will on the part of a territorially defined community. In the eyes of adherents to the remedial school, secession is justified only as a last remedy to unjust and harmful treatment. Finally, proponents of a third school see the right to secession as part-and-parcel of national self-determination, ultimately grounding it in the existence of a distinctive national identity. All three schools of thought are concerned primarily with secession from an existing state. This paper will explore if, and to what extent, they can serve as a framework for the empirical analysis of the public philosophy of internal secession—that is, secession within a state. It will do so by examining separatism in Northern Ontario.     

The United States in a world of rising regional powers: farewell Lilliput,hello Shanghai

Regional powers such as China, India, Russia, and to a lesser degree Brazil and South Africa, now occupy a significant role on the world stage. The United States, while still enjoying superpower status, has taken note. At the same time, the transnational nature of the challenges facing the world will require multilateral and bilateral co-operation perhaps unprecedented in modern history. How will the United States respond to these new requisites within the context of this changed world? While it is too early to assess the Obama administration's foreign policy substantively, it looks to be adopting an approach emphasising the building of consensus and multilateralism in its international engagement. Moreover, there is reason to expect that it will actively seek a more constructive set of relationships with regional powers. United States domestic political constraints may yet hamper Obama in this new approach, as might the type of response the new administration receives from old and new powers to its overtures. Whether the changes are more in tone than substance remains to be seen.     

Playing the Recognition Game: External Actors and De Facto States

It is impossible to understand the creation and continued survival of de facto states without reference to external actors. External patrons provide vital support and the international system constrains and shapes these aspiring states. The relationship is, however, not one-sided, and these entities are not merely puppets. In fact external dependence creates significant dilemmas for de facto states: it undercuts their de facto independence and contradicts their strategy for gaining international recognition, thereby undermining their long-term sustainability. The dilemmas facing de facto states have been accentuated by the recent recognition of Kosovo, Abkhazia and South Ossetia.     

Honey,I shrunk the kids’ benefits—revisiting intergenerational conflict in OECD countries

Intergenerational conflict may arise when the interests of different age groups do not align. We examine cross-country data to find evidence for this conflict in OECD countries. We derive our results from a FGLS estimation model, which is complemented by a System-GMM estimation to account for potential endogeneity. The data are from a panel of 22 OECD countries over the time period 1985–2005. We find little support for intergenerational conflict in general; however, those who are close to statutory retirement age dislike public expenditure on families and education because, once they retire, they will have less income compared to their work income. This effect is transitory, however, implying a change in voting behavior during retirement age.     

Slovakia's Neoliberal Turn

Slovakia distinguished itself in the first half of this decade by launching a coherent set of economic reforms that limited government and transferred social and economic risk to individuals. We examine reforms in fiscal policy, pensions, the labour code, health care, investment, education and justice. While the surprise formation of a centre – right governing coalition in 2002 enabled Slovakia's ‘neoliberal’ turn, a close network of neoliberal policy makers and advisors from civil society organisations used the opportunity to push forward a compelling explanation of Slovak economic problems and promote a clear institutional design for fixing them.