Towards a Northern Ireland Bill of Rights

The political settlement resulting from the Belfast Agreement recognisedthe fundamental importance of the issue of rights to a stable peace inNorthern Ireland. Indeed, the agreement provided for a Human RightsCommission, one of whose tasks is the drafting of a Bill of Rights thatwill reflect the political reality of the province. This paper arguesthat the proposed document will have to reflect an understanding ofrights and their protection resulting from the particular history ofNorthern Ireland. This specific understanding of rights appeared firstin the Anglo-Irish Agreement and has been gradually developed andconsolidated in the political agreements since. The planned NorthernIreland Bill of Rights will have to reflect this rights thinking. Thearticle also chronicles the recent work of the Northern Ireland HumanRights Commission in drafting the Bill of Rights to be presented to theSecretary of State for Northern Ireland in February 2002. Thereciprocal, if belated, moves in the Republic to set up its own humanrights commission will also be addressed as part of the process to drawup a Charter of Rights for the whole people of Ireland.     

Investigators and Prosecutors or, Desperately Seeking Scotland: Re-formulation of the 'Philips Principle'

Prosecution in England and Wales, traditionally private, was captured by the 'new police', creating an 'English tradition' unlike those of the rest of the United Kingdom. To overcome consequent problems, the Royal Commission on Criminal Procedure recommended the 'Philips principle', whereby investigator and prosecutor were separate, but co-ordinate, on which basis the Crown Prosecution Service was set up. However, the principle was in fact compromised by the 'English tradition', most obviously by permitting continued police prosecution. Moreover, the Serious Fraud Office, set up shortly thereafter, contradicted the principle. Yet, HM Customs and Excise addressed its serious problems by applying the principle. The CPS itself encountered difficulties flowing from the compromises. Reports (Runciman, Narey, Glidewell) recommended various devices, straining the principle, until the Auld Report recognised that reformulation was necessary, along the lines adopted elsewhere in the United Kingdom, that is, by recognising that there should be investigator subordination to prosecutor.     

Addressing the next wave of Internet regulation: Toward a workable principle for nondiscrimination

The ultimate formulation of the Federal Communications Commission's “nondiscrimination on the Internet” principle could have a significant impact on economic welfare and on innovation. In this article, we explain the economics of discrimination as it applies to the Internet, and we offer a new approach for identifying anticompetitive discrimination. Our proposal would require a complaining content provider to prove (i) the broadband service provider has discriminated in favor of some affiliated content provider that is “similarly situated” to the independent content provider; (ii) such disparate treatment is based on affiliation and not on some other consideration; (iii) the independent content provider has been unreasonably restrained in its ability to compete; and (iv) the harm it suffers as a result of the discrimination would likely redound to the harm of broadband users.     

孔庆宗驻藏任内为维护中央对藏治权的努力研究

1940年，国民政府利用吴忠信入藏主持十四世达赖坐床之机，在西藏设置了蒙藏委员会驻藏办事处，孔庆宗任首任处长。孔庆宗在任期间，通过按例处理帕巴拉活佛转世、坐床，坚持立场交涉、处理中印公路与“外交局”事件，协助喜饶嘉措入藏，力促噶厦派代表参加国民政府拟于1940年召开的国民大会等途径，对中央对藏治权进行了有力维护。     

Don't Mention the War: The Court of Appeal,the Criminal Cases Review Commission and Dealing with the Past in Northern Ireland

Despite the vast transitional justice scholarship relating to prisoner release, amnesties and prosecutions when conflicts end, there is a significant gap in practice and academic literature regarding wrongful convictions. Uniquely amongst post‐conflict societies, Northern Ireland has a body for investigating miscarriages of justice, albeit one designed for ‘ordinary’ appeals. In the absence of a formal truth‐recovery process, criminal appeals are becoming a proxy for addressing the role of the state during ‘The Troubles,’ as well as remedying individual injustices. This article examines the approach of the Northern Ireland Court of Appeal during the conflict. It charts the developments in its decision‐making following the cease‐fires and the establishment of the Criminal Cases Review Commission. It concludes that the current system is unsatisfactory as it ignores the effects of the conflict on the appeal process and offers no insights into the role of the Court during the conflict. Alternative models are suggested.     

Distrust as a hindrance to democratic governance in South Korea

This article focuses on the concept of trust and its implications for democratic governance in South Korea. Trust is an elusive concept that is often discussed using such synonyms as confidence, trustworthy, reliance, or anticipation of goodwill. Trust in interpersonal relations is different from trust in institutions. The case of South Korean politics and administration shows that the absence of trust hampers the process of building a mature democratic society and hinders the development of democratic governance. The article concludes by stressing the need to enhance trust in society, government, policy‐makers, and public administrators.     

Regulation and Self-Regulation: The Role of Media Commissions and Professional Bodies in the Muslim World

This article examines the state of media regulation in Arab and other Muslim countries. Whereas most countries in Europe, including the emerging democracies of Central and Eastern Europe, and some of the African societies in transition have developed media commissions of different types, most Muslim countries are so far reluctant to ease the dominating state control of the media, especially in the audiovisual sector. A majority of journalists associations in the Middle East and North Africa still need to distance themselves from governments and ruling parties. Their major task is to ensure observance of ethical standards, a task in which they have to struggle with the desires of governments and parliaments to make excessive use of the judiciary to sanction journalists. So far, Muslim countries have yet to develop their own models for restructuring the changing media sector and for creating a viable system of checks and balances that would control the media in a democratic way. Governments should aim to develop a common understanding among regulatory bodies and media practitioners and thus to provide for common concepts of ethical standards. In these efforts, much can be learned from the wide range of experiences gained by the transitional societies of Eastern Europe and sub-Saharan Africa during the last decade.     

Institutionalising a National Approach to Performance Reporting: Lessons from Two Decades of Experience with the Report on Government Services

The Report on Government Services (RoGS) to the Council of Australian Governments (COAG) is considered an exemplar of benchmarking in a federal system. Published annually since 1997, RoGS provides performance reporting in the form of cross jurisdictional benchmarking on an unprecedented scale and scope. This paper argues ROGS has institutionalised a national approach to performance measurement and reporting that is now at the centre of the COAG reform agenda. The paper examines the processes and institutional structures that explain how RoGS has transformed performance reporting for social infrastructure services. The final section provides a preliminary assessment of the impact of RoGS.     

How to Win a Lost Election: Malapportionment and Malaysia’s 2013 General Election

Abstract

Allegations of electoral irregularities loomed large prior to and following Malaysia’s 13th general election in May 2013. Yet while these irregularities elicited strong reactions domestically and internationally, they are unlikely to have played a significant role in shaping the election’s outcome. Rather than how the game was played, it was the very rules of the game itself that were responsible for returning the United Malays National Organization and its Barisan Nasional coalition to power for the 13th consecutive time, as Malaysia’s electoral institutions quietly transformed the incumbent coalition’s 4% deficit in the popular vote into a 20% winning margin of parliamentary seats. This is largely the result of substantial variation in the size of electoral districts, which had the effect of delivering parliamentary seats to Barisan Nasional with significantly fewer votes than were required by the opposition to secure its seats. This article has two primary aims. First, it seeks to understand better malapportionment in Malaysia by examining the degree of distortions at multiple institutional levels. It demonstrates these distortions to be exceptionally high from a comparative perspective. Second, it seeks to understand better the factors responsible for the size variation of electoral districts, specifically the extent to which the non-partisan factors stipulated in the constitution can explain the variation. Several tests are conducted using new data on the density of voters in electoral districts. The results strongly indicate a partisan element to malapportionment. This creates an institutionalized bias against the opposition and risks increasing polarization in the Malaysian polity.