Responsible, Representative and Accountable Government

As an evaluation of the health of Australia's political system, this article offers a perspective different from the lament over the loss of responsible government. It finds that responsible government is not compatible with representative democracy. Peculiar to Australia is conflict between 'responsible party government' and 'responsible parliamentary government'. Nevertheless, the system is healthy. A parliament-as-a-whole approach identifies key holistic functions of manifest and latent legitimation and accountability that bolster legitimacy. Political accountability is enhanced by the watchdog role of the media. Public accountability is enriched by the links between citizens and administrative review. Critical changes include the guarantee of senate independence and the removal of senate power over supply. These changes would confine the theory and practice of responsible government to the House of Representatives, promote accountability, and thus increase the legitimacy of Australian parliamentary democracy.     

COMMUNITY COUNCILS IN SCOTLAND: SOME LESSONS FOR NEW SOUTH WALES LOCAL GOVERNMENT

The concept of "community councils" is one which has gained increasing prominence in Scottish local government during the last few years. Their main function is simply to advise local councillors on the views of the local community. Our basic contention is that the local government system in New South Wales (and, probably, other states) could benefit from studying the Scottish experience.     

Labeling effects of initial juvenile justice system processing decision on youth interpersonal ties*

The juvenile justice system can process youth in myriad ways. Youth who are formally processed, relative to being informally processed, may experience more public and harsh sanctions that label youth more negatively as “deviant.” Drawing on labeling theory, the current study evaluates the relative effect of formal justice system processing on the interpersonal dynamics of youth peer networks. Using data from the Crossroads Study, a multisite longitudinal sample of first-time adolescent offenders, the current study applies augmented inverse probability weighting and generalized mixed-effects models to estimate the effects of formal processing on friendship selection processes of homophily and withdrawal and considers whether these effects vary by race and ethnicity. Consistent with expectations of homophily, formally processed youth acquire more new deviant peers and fewer nondeviant peers during the 3 years after their initial processing decision compared with informally processed youth. The findings suggest no differences exist across processing types in withdrawal from friends. These effects were consistent across racial and ethnic groups. Ultimately, this study explores the dynamic interpersonal mechanisms associated with labeling theory and offers additional insight into the negative effects of formal processing.     

Transfers of undertakings a new meaning?

Defining the meaning of a transfer of an undertaking in the context of outsourcing has led to much litigation. After years of discussion the Acquired Rights Directive, which has been the source of much confusion and misunderstanding, has been amended. Unfortunately, the new Directive does little more than follow the approach of the European Court of Justice and has done little to make matters more certain. This article examines the change of definition and argues that they are inadequate.