Curbing the royal prerogative to use military force: the British House of Commons and the conflicts in Libya and Syria

Abstract

To what extent does political practice under the British Conservative-Liberal Democrat coalition (2010–2015) reflect a ‘parliamentary prerogative’? From a formal-institutional point of view one should not expect substantial parliamentary influence in Britain. Yet recent developments suggest the emergence of a new convention. Examining parliamentary debates during the run-up to the votes on Libya and Syria, this contribution shows that the scope and contents of this convention remain contested. Specifically, there is disagreement about the kind of operations that ought to be exempt from the rule, questions of parliamentary procedure that favour the executive and, crucially, the proper timing of substantive votes. Nonetheless, parliament has emerged from the vote on Syria as an informal veto player on decisions regarding war involvement. However, whether MPs will exercise their veto power in prospective cases will depend on the preference distribution in the legislature and the nature of the proposed deployment.     

The party politics of legislative‒executive relations in security and defence policy

Abstract

The move from territorial defence to ‘wars of choice’ has influenced the domestic politics of military interventions. This paper examines the extent to which both the substance and the procedure of military interventions are contested among political parties. Regarding the substance, our analysis of Chapel Hill Expert Survey data demonstrates that across European states political parties on the right are more supportive of military missions than those on the left. On the decision-making procedures, our case studies of Germany, France, Spain and the United Kingdom show that political parties on the left tend to favour strong parliamentary control whereas those on the right tend to prefer an unconstrained executive, although with differences across countries. These findings challenge the view that ‘politics stops at the water’s edge’ and contribute to a better understanding of how political parties and parliaments influence military interventions.     

Decisional Capacity and Personality Disorders: Substantially Unable or Substantially Unwilling?

Capacity assessments are performed when there is suspicion that a person is unable to adequately care for their physical, medical, or financial well-being. The purpose of these assessments is to inform the legal system as to whether or not guardianship may be necessary. It is well established that certain mental illnesses, such as neurocognitive disorders (dementia) or psychotic disorders (like schizophrenia), may diminish capacity and, in some cases, lead to the need for establishment of a legal guardian. However, personality disorders are another common category of mental illness which may impair decision-making. There is very little information in the literature about how or why these disorders could impair capacity, and thus, it can often be difficult to discern whether clients with personality disorders are substantially unable to care for themselves—versus unwilling to act in a way contrary to their ingrained habits. We present a series of three cases in which clients are determined to lack capacity primarily mediated by a personality disorder diagnosis. They are demonstrated to have mild deficits in cognitive functioning, but they show impaired decision-making out of proportion to these deficits. In all three cases, it is apparent that the personality disorder is substantially impairing their ability to care for themselves. Discussion includes consideration for ways to incorporate evaluations of cognitive function, activities of daily living, and personality considerations into capacity assessments, and how to approach recommendations (such as guardianship vs. less restrictive option) based on both level and scope of impairment.     

On a knife edge: A preliminary investigation of clothing damage using rounded-tip knives

Bladed weapons are frequently encountered in violent crime offences including street based and armed robberies, murder, sexual assaults and terrorism. A study was conducted involving four frequently encountered clothing fabrics: t-shirt (knitted cotton), denim jeans (twill woven cotton), long sleeved top (knitted synthetic blend), and skirt (non-woven faux leather) and five knives to investigate any damage resulting from a downward stabbing motion, with 300 stabs in total. Any resultant penetrating severance damage was then photographed, measured and analysed. Statistical analysis revealed significant differences between the stab hole size and shape, as a consequence of the design of a bladed weapon (in particular, the tip shape) that caused it. There is a notable correlation between the Assure knife (rounded tip) and no resulting severance damage, as the fabric surfaces were not breached with this knife. This suggests a clear alternative to pointed tip knife blades. These findings will be of interest to investigators of knife crime offences, crime-reduction units, knife manufacturers and practitioners, who share the goal of identifying a safer alternative to conventional knife blade design.     

Maintaining neutrality in the Minister's office

How do non-partisan advisors in Ministers’ offices maintain political neutrality while immersed in a highly politicised environment? Private Secretaries are ubiquitous non-partisan public service representatives in the political environment of Ministers’ offices. There has been significant research undertaken the role of political advisors in Ministers’ offices, yet the contribution of these non-partisan advisors has not yet been described in academic literature. The risk of Private Secretaries being overly responsive to politicians and undertaking political tasks rather than maintaining neutrality is ever present. Further, they must actively manage the risk of free and frank advice being obstructed by political advisors. This article presents views about political neutrality gleaned from interviews with Private Secretaries who have worked in Ministers’ offices in New Zealand during the period of 1997–2018. It presents new insights into the tensions within a key setting of the core executive.     

论劳动力权是职工参与权的权利来源

职工参与权是劳动力权人享有的通过参与公司民主决策、民主管理和民主监督来促进公司发展,保障其权益的权利.从劳动力权的人权和财产(“物”)权属性来看,职工参与权的权利来源是职工(劳动者)所拥有的劳动力权而不是来源于政治与经济制度和劳动权.     

阶级与阶层两种分析方法的比较研究

阶级与阶层是研究社会结构与政治发展动力问题的核心概念。阶级分析旨在对社会总体结构和宏观层次进行探讨,阶层分析专注于对社会结构的中观层次的研究。阶层分析与阶级分析从理论上看都是为了解决社会发展的动力问题,从实践上看都是为制订合理的社会政策提供知识保障。中国社会结构正经历着一场巨大的变化,全面、深刻地理解这种变化,必须综合运用阶层分析和阶级分析。综合阶层分析与阶级分析有利于化解社会矛盾,整合社会力量,维护社会稳定与推动政治发展。     

Politicians and Civil Servants: Unfinished Business—The Next Steps Report,Fulton and the Future*

This article discusses the origins of the Efficiency Unit's ‘Next Steps’ Report, published 20 years ago which recommended the executive agency as an organisation for much of the British government. Within five years more than half the civil service had been transferred to work in agencies but the other major recommendation of the report – improving the management skills of the senior civil service received far less enthusiastic attention. From the Fulton Report, the Next Steps report to the Capability Reviews of current Whitehall the same problem is highlighted: there is still too little management competence within the public service despite the endorsement of the need for improvement by successive governments.     

Public Outrage,Media Spectacle and the Kapunda Road Royal Commission

The article focuses on the relationship between the executive and the judiciary in respect of a legal case that provoked public outrage. This outrage entered into the media spectacle and was channelled by the executive into calling a royal commission. The royal commission was charged with re‐examining the police actions and the legal case. However, hidden behind its narrow terms of reference was the larger question of justice being ‘blind’ to a network of privilege. As such, the royal commission had the potential to threaten the independence of the judiciary.     

浅谈基层公安机关警力不足的现状及改善途径

随着我国社会、经济的长足发展,人流、物流、信息流也在不断发展和变化,给公安工作提出了许多新问题,特别是治安形势的不断变化和警力不足的矛盾日益突出,已成为制约当前公安工作发展的瓶颈。如何进一步夯实公安基层基础,增强公安工作发展后劲,全面提升公安工作和公安队伍建设的水平,作者就基层公安机关警力不足的成因及对策提出了自己的看法和建议。