Global Administrative Law: The View from Basel

International law-making by sub-national actors and regulatorynetworks of bureaucrats has come under attack as lacking inaccountability and legitimacy. Global administrative law isemerging as an approach to understanding what internationalorganizations and national governments do, or ought to do, torespond to the perceived democracy deficit in internationallaw-making. This article examines the Basel Committee on BankingSupervision, a club of central bankers who meet to develop internationalbanking capital standards and to develop supervisory guidance.The Basel Committee embodies many of the attributes that criticsof international law-making lament. A closer examination, however,reveals a structure of global administrative law inherent inthe Basel process that could be a model for international law-makingwith greater accountability and legitimacy.     

Alternatives to punishment beatings and shootings in a Loyalist community in Belfast

The author is a former Loyalist prisoner who recently carried out a piece of research in the Loyalist community of the Greater Shankill District of Belfast. That research was designed to explore with a range of community activists (including Loyalist paramilitaries) the potential for an alternative strategy to the current system of punishment beatings and shootings. The author argues that this can only be achieved by distinguishing between the types of activities that attract the attention of Loyalist paramilitaries and focusing intervention only upon those areas where it may readistically have an effect, i.e. that matter relating to the internal discipline of Loyalist paramilitary members and disputes between groupings relating to drugs will by necessity fall outside any potential intervention. He goes on to offer the outline of a programme designed as an alternative to punishment beatings which could prove to be effective within those parameters despite the acknowledged difficulties.     

Federal Administrative and Judicial Oversight of Medicaid: Policy Legacies and Tandem Institutions under the Boren Amendment

Because of the active role assumed by the courts in Medicaidnursing facility reimbursement, and because that role changedover time, federal intervention in this area provides a usefulwindow through which to examine the role of the federal judiciaryin oversight of state health policy making. Findings supportthe proposition that because judicial influence extends beyondprogram outcomes to include the organizational structure andbeliefs of key stakeholder groups, the effects of case decisions,and the statutes under which they are litigation, may be deeperand longer lasting than their usefulness as a litigation tool.Findings also support the proposition that neither the executivenor the judiciary acts in isolation but instead they serve astandem institutions guiding federal oversight of state policymaking. Data for this analysis derive from archival documents,secondary sources, and 101 in-depth interviews.     

The Whole-of-Government Approach to Public Sector Reform

In this article, the authors discuss "whole-of-government" initiatives as a reaction to the negative effects of New Public Management reforms such as structural devolution, "single-purpose organizations," and performance management but also as a reaction to a more insecure world. The authors examine what is meant by a "whole-of-government" approach and explore how this concept might be interpreted in analytical terms. The structural approach is contrasted with a cultural perspective and a myth-based perspective. Finally, results, experiences, and lessons from the whole-of-government movement are discussed.