Case Comment: The Legality of ‘Kettling’ after Austin

This case comment considers the European Court of Human Rights decision of Austin v United Kingdom (2012) 55 EHRR 14. Austin claimed, unsuccessfully, that police kettling at a public protest in London amounted to a violation of her right to liberty under Article 5 of the European Convention of Human Rights. This case comment suggests that the court took an unexpected and unorthodox approach to the issue of ‘deprivation’ within Article 5. This decision may come to undermine the protections afforded by Article 5 and extend the current exceptions to Article 5 to an indefinite range of situations.     

Symposium Introduction: Local Responses to ‘Austerity’

This introduction to the symposium sets out the context for local government in the United Kingdom at the current time. It outlines the scale of the reductions in funding since 2010, showing how uneven these cuts have been across the country and the reasons for this. It also describes the increased exposure to risk of both local government and of the citizens and communities it serves. The central question for the papers which follow is how local government is responding to these twin challenges. The papers provide insights from a number of detailed studies of individual authorities, exploring the strategies adopted to manage in response. The analyses focus on the distributive consequences for individuals and communities, but they also reflect on the wider consequences for local government itself. A particular concern is whether local responses are changing as austerity moves from its initial to its later phase.     

Legislating Against Climate Change: A UK Perspective on a Sisyphean Challenge

The UK's Climate Change Act offers a framework for civil society to achieve 'low carbon' realignment through to 2050. The Act is reviewed for its coherence as a mechanism for directing future policy. The legislation establishes a carbon budgetary process, mandates greenhouse gas reduction targets and strategies, and imposes a novel range of duties supported by processes for ensuring transparency concerning progress. Following an overview of climate change risks and likely economic consequences, the analysis identifies selected regulatory strategies. It explores the main statutory features, with an emphasis upon the implications of imposing mandatory duties on decision makers. An evaluation of the key policy choice of emissions trading is informed by perspectives of environmental justice, in particular as to questions of equitable burden-sharing in relation to impacts of climate change and related policies. A concluding section summarises reasonable expectations and ongoing challenges.     

英国警方加强公共关系建设的经验

英国警方高度重视公共关系建设,通过创造和谐的警民关系,来争取民众对警务工作的支持。英国警方公共关系建设的基本特点是以服务为核心,以民众为本,以社区警务工作为载体,以警学研究为指导。在以后的工作中,英国警方决定通过实施更加明确的警务工作标准,践行新的承诺,来为民众提供高质量的服务。     

Is local authority procurement supporting SMEs? An analysis of practice in English local authorities

The UK coalition government wishes to improve the access of small- and medium-sized enterprises (SMEs) to public procurement, in recognition of their importance to the economy and for the benefits they can bring to public procurement and the wider public sector. Local government provides a significant opportunity for small firms, spending £84 billion of the total procurement spend of £230 billion. However, about two-thirds of both small businesses and local authorities think that SMEs face barriers in successfully accessing public procurement. This paper examines how councils are supporting SMEs in the procurement process by analysing 67 entry forms to the ‘Best Councils to do business with’ competition. This unique data source has provided insight into councils’ attitudes and procurement practices, and demonstrates that although a wide range of supportive actions are being employed there is considerable diversity across councils. Ambiguities and tensions in policies, between local and central government, have also emerged.     

Brexit and the British Constitution: a Long View

The Brexit referendum of 2016 brought a new concept to British politics, namely the ‘people’s will’, one that is seemingly at odds with conventional notions of parliamentary sovereignty, even a threat to its very existence. This article argues that although the device of the referendum is relatively new, the kind of popular control over Parliament and the executive that it invokes has long been a part of British politics. Ranging over 200 years, examples are drawn from the recall and deselection of MPs, mass petitioning campaigns, the role of the Speaker, and the flourishing of independent parties.