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.     

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.     

行政权特征与规范

行政法治的途径之一是加强对行政权的限制,但行政权行使的诸多方面却是与法治无关的,或者是法治所无法彻底解决的,这一点可以从行政权的固有特征中揭示出来。因此,行政法治所涉及的问题绝不仅仅是理论上简单的限制,而是应努力寻找到行政法治的真实对象和可行途径。     

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.     

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.     

Hybrid Politics and New Competitiveness: Hong Kong’s 2007 Chief Executive Election

In recounting Hong Kong's chief executive election in 2007, this paper charts the unexpected appearance of an “unauthorized” candidate and the occurrence of vibrant campaigning. Further, as electoral competitiveness increased, the liberal form of authoritarian rule that has characterized politics in the Hong Kong Special Administrative Region (HKSAR) began to change in ways that parallel the electoral authoritarianism practiced in Singapore. This paper argues that such change, if regularized and enhanced, may bring greater stability to the HKSAR’s politics, yielding greater legitimacy, popular compliance, and hence, new efficiencies in control. Even so, analysis of the chief executive election shows that this competitiveness was strongly resisted by the central government in Beijing.

Notes on the Canadian exception: security certificates in critical context

This paper attempts to place the Canadian security certificate program in critical context. The program is a mechanism of arbitrary detention targeted to non-citizens the state has certified as ‘threats’ to national security. As a mechanism of arbitrary detention the program fully locates Canadian policies inside of, and not in some manner external to, the worst abuses and ‘exceptional practices’ associated with the ‘global war on terror’. To place this program in critical context, the author draws upon the notion of ‘exception’. Although the security certificate program does invoke an exceptional practice in the terms made legible in recent discussions in critical security studies, it also points to ways in which critical discussions of ‘exception’ might be deepened and complicated. To this end, the paper put forwards the notion of the ‘legal complex’ to highlight the mundane and often contested ways in which the exception is invoked to certify which racialized bodies might be governed as political citizens and which will be governed as ‘bare life’.     

Does it Matter Who Works at the Center? A Comparative Policy Analysis of Executive Styles

This article develops the concept of executive style to explore how variations in the relationships between politicians, career civil servants, and political appointees affect the types of policy outputs. A comparative analysis of home care policies in New Brunswick and Nova Scotia finds that the former’s civil service executive style – where professional civil servants work in close partnership with politicians in all phases of the policy process – led to the development of an innovative home care program with a long-term vision, whereas the latter’s politicized executive style – where politicians marginalize the role of civil servants in favor of political appointees – led to frequent changes in policy largely driven by short-term considerations.     

Partisan-motivated prorogation and the Westminster model: a comparative perspective

Recent cases of partisan-motivated prorogations of parliaments at the federal and provincial levels in Canada have focused attention on this phenomenon. While such prorogations are uncommon in the mature Westminster-style parliaments, the Canadian cases are not unique. Systematic study of partisan-motivated prorogations in the Australian states has illuminated the factors commonly associated with such cases. This paper outlines the results of this literature and then tests whether the Canadian cases fit the pattern. It shows that, on balance, these factors do apply. The paper thus concludes that, while partisan-motivated prorogations may not be predictable, it is possible to identify circumstances in which there is a substantially greater risk of their occurrence.     

谈高等学校中层干部执行能力建设

高等学校中层干部的执行能力,是推进高校改革、建设和发展的重要因素,在我国高等教育已经进入大众化阶段的新时期,高校只有做到公平竞聘,确保能者有位;科学分工,确保上者可干;不断历练,确保上者能干;规范考核,确保上者愿干,才能使中层干部的执行能力得到不断提升。