Do the Opinions Expressed by the Conseil D'Etat in its Capacity as Legal Adviser to the Government Influence Policy?

2000 ◽  
Vol 49 (3) ◽  
pp. 672-679
Author(s):  
Nicole Questiaux
Keyword(s):  
United Kingdom ◽  
Government Influence ◽  
The Past ◽  
The United Kingdom ◽  
Legal Adviser ◽  
The Government ◽  
Legal Difficulties ◽  
Constitutional Changes ◽  
Judicial Role

My title for this article reflects a very proper question for a foreign audience which has become more familiar than in the past with the dual (consultative and judicial) role of the French Conseil d'etat. For many years, interest in Britain focused on the judicial function of the Conseil. More recently, attention has shifted to the activities of the “sections administratives”, which involve the screening and the drafting of all the proposed legislation and the essential part of subordinate regulations prepared by government. I have the feeling this interest is probably fuelled by the recent constitutional changes in the United Kingdom, and the need to prevent legal difficulties cropping up between different and new political bodies.

The Chilcot Report

2019 ◽  
pp. 273-288
Author(s):  
Stephen Bouwhuis
Keyword(s):  
Decision Making ◽  
United Kingdom ◽  
International Law ◽  
Legal Practice ◽  
Ethical Aspects ◽  
Legal Advice ◽  
The United Kingdom ◽  
General Relevance ◽  
The Government

The inquiry by the United Kingdom into its decision to intervene in Iraq is one of the longest running and most comprehensive examinations of government decision-making. In particular, the inquiry examined in detail the processes by which legal advice was provided to and formed a part of the decision by the Government of the United Kingdom to intervene in Iraq. Through this lens, the current chapter examines what the inquiry illustrates about the general relevance of international law to the decision to intervene in Iraq and more broadly what illustrates about the role of international law in decision-making more generally. In particular, the chapter pertains to the practical and ethical aspects providing international legal advice to government as well as the nature of government legal practice more generally.

scholarly journals How Good is the Science That Informs Government Policy? A Lesson From the U.K.’s Response to 2020 CoV-2 Outbreak

2021 ◽  
Author(s):  
Jessica Cooper ◽  
Neofytos Dimitriou ◽  
Ognjen Arandjelovíc
Keyword(s):  
Climate Change ◽  
United Kingdom ◽  
Government Policy ◽  
Policy Making ◽  
Scientific Advice ◽  
Ethical Concerns ◽  
The United Kingdom ◽  
The Government

AbstractIn an era when public faith in politicians is dwindling, yet trust in scientists remains relatively high, governments are increasingly emphasizing the role of science based policy-making in response to challenges such as climate change and global pandemics. In this paper we question the quality of some scientific advice given to governments and the robustness and transparency of the entire framework which envelopes such advice, all of which raise serious ethical concerns. In particular we focus on the so-called Imperial Model which heavily influenced the government of the United Kingdom in devising its response to the COVID-19 crisis. We focus on and highlight several fundamental methodological flaws of the model, raise concerns as to the robustness of the system which permitted these to remain unchallenged, and discuss the relevant ethical consequences.

Challenges to Professional Autonomy in the United Kingdom? The Perceptions of General Practitioners

1995 ◽  
Vol 25 (2) ◽  
pp. 219-241 ◽  
Author(s):  
Michael Calnan ◽  
Simon Williams
Keyword(s):  
United Kingdom ◽  
General Practitioners ◽  
Social Economic ◽  
The United States ◽  
Professional Autonomy ◽  
New Managerialism ◽  
The United Kingdom ◽  
The Social ◽  
The Government

Theoretical analysis has suggested that so-called threats to professional autonomy in the United States might also be manifesting themselves in the United Kingdom through the introduction of market principles and the new “managerialism” into the National Health Service by the government and through the emergence of complementary medicine and the role of the “articulate” consumer. The authors explore these issues by focusing on how a sample of the “rank and file” of general practitioners perceive these potential challenges from “above and below.” The evidence suggests that the social, economic, and clinical freedoms of general practitioners remain intact although these external influences appear to have changed the style of clinical practice, which is a source of concern and dissatisfaction to some general practitioners.

Protecting the emblems in peacetime: The experiences of the British Red Cross Society

1989 ◽  
Vol 29 (272) ◽  
pp. 459-464
Author(s):  
Michael A. Meyer
Keyword(s):  
United Kingdom ◽  
General Health ◽  
Armed Conflict ◽  
First Aid ◽  
Red Cross ◽  
Special Significance ◽  
Short Article ◽  
The Past ◽  
The United Kingdom

The special significance of the red cross and red crescent emblems as internationally agreed symbols of protection and neutrality in armed conflict will be diluted if these emblems, or signs closely resembling them, are used randomly or for diffuse purposes in time of peace. In countries like the United Kingdom which for the most part have been spared armed conflict for the past 40 years, the red cross emblem has frequently become closely identified with first aid and with general health or medical care, its primary and unique meaning during armed conflict often being forgotten or unknown. For this reason it is perhaps particularly important for National Societies in such countries to help the authorities monitor unauthorised uses or misuses of the emblems, and the role of National Societies in this respect has been recognised under the 1986 International Statutes of the International Red Cross and Red Crescent Movement (Article 3 [2] thereof). In addition, dissemination activities can help to enhance understanding of the purpose of the emblems. This short article will discuss practical aspects of the monitoring role of the British Red Cross Society.

Devolution: An Overview of the Constitutional Changes

2001 ◽  
Vol 1 (1) ◽  
pp. 27-34 ◽  
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
Regional Development ◽  
Liberal Democrats ◽  
The United Kingdom ◽  
False Start ◽  
Development Agencies ◽  
The Government ◽  
Constitutional Changes

Since May 1997, the constitutional structure of the United Kingdom has been transformed. A developed Parliment in Scotland and a devolved Assembly in Wales have been established. After a false start in December 1999 which lasted only 11 weeks before suspension in February 2000, the Northern Ireland Assembly was reconvened in May 2000. In England, Regional Development Agencies and Regional Chambers are up and running in each of the English regions and the Government is strengthening the Government Offices of the Regions. Campaigns for directly elected regional assemblies are becoming increasingly active in some of the english regions. In May 2000 Ken Livingstone was elected London's first directly elected Mayor. In elections of the Greater London Assembly the Labour amd Conservative parties won 9 candidates each, the Liberal Democrats 4 and the Green 3. Devolution has also brought about changes in the centre, with a reduction in the number of Scottish and the Welsh ministers and changes in Parlimentary procedures.

The State of Industrial Ill-Health in the United Kingdom

1980 ◽  
Vol 10 (1) ◽  
pp. 149-160 ◽  
Author(s):  
R. Charles Clutterbuck
Keyword(s):  
United Kingdom ◽  
Trade Unions ◽  
Health And Safety ◽  
The State ◽  
Turn Of The Century ◽  
The Past ◽  
The United Kingdom ◽  
Safety Committees ◽  
Area Health

Recent health and safety legislation in the United Kingdom comes at a time of economic crisis. The only way of understanding its impact is to look back at the roles of employers, the State, trade unions, workers, and the medical establishment over the past 150 years since the rise of industrial capital. In many ways, issues that were current at the turn of the century—such as the conflict between profits and health, whether to clean up the production process or insulate workers from its hazards, compensation, and employers' liability—are still very much present today, although these issues are often obscured by the notions that there is an identity of interest between management and workers over health and safety and that profits and safety go together. The role of the trade unions in dealing with existing and new hazards of production has historically been ambiguous, yet the need for them to develop an overall policy of prevention has always been obvious. Although they are now part of the governing apparatus, other arms of the State—in particular the civil service—initiate changes in health and safety organization, while trade unions make sure they are enacted. The development of trade-union area health and safety groups represents the most important potential change and may well provide the necessary focus for information and organization to cut through the “concerned” propaganda from management and its safety committees and start the long-awaited cleanup of industry.

Protecting The Interests of Bidders for Public Contracts; The Role of the Common Law

1994 ◽  
Vol 53 (1) ◽  
pp. 104-139
Author(s):  
Sue Arrowsmith
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
The Past ◽  
The United Kingdom ◽  
The Common ◽  
Public Contracts ◽  
Formal Rules

In the United Kingdom there has traditionally been little litigation over the award of public contracts. This is largely due to the absence, in the past, of formal rules regulating contract procedures, which might have founded a basis for legal actions. It is also to some extent a product of the reluctance of contractors to “bite the hand that feeds” and jeopardise their chances of future contracts; this factor may have discouraged contractors from taking advantage of the potentiality of common law doctrines for providing protection for bidders in the tendering process.

Introduction: “A Crime Against Humanity”: Slavery and The Boundaries of Legality, Past and Present

2016 ◽  
Vol 35 (1) ◽  
pp. 1-8 ◽  
Author(s):  
Ariela Gross
Keyword(s):  
United States ◽  
United Kingdom ◽  
Public Engagement ◽  
Legal History ◽  
The United States ◽  
The Past ◽  
Political Debates ◽  
The United Kingdom ◽  
The Caribbean

Nowhere in legal history has the nexus between past and present received more attention in recent years than in the study of slavery. The memory of slavery has become a field of study in itself, and competing histories of slavery have animated contemporary legal and political debates. Today, new histories of capitalism have further illuminated the central role of slavery and the slave trade in building the modern Atlantic world. Across Europe, the United Kingdom, Africa, the Caribbean, and the United States, new memorials, museums, and commemorations of slavery and abolition have brought new kinds of public engagement to the slave past. In the era of Black Lives Matter, understanding the connections between that past and the present day has never seemed more important, and historians are struggling with the question of how to engage the present in a historically nuanced way. One kind of engagement between past and present, among historians, lawyers, and activists, has been to draw connections between slavery in the past and in the present.

scholarly journals Better community residential services for the mentally handicapped

1977 ◽  
Vol 7 (4) ◽  
pp. 561-563
Author(s):  
Norma V. Raynes
Keyword(s):  
United Kingdom ◽  
Mentally Ill ◽  
Comparative Studies ◽  
Residential Facilities ◽  
Sociological Study ◽  
Mentally Handicapped ◽  
The Past ◽  
The United Kingdom ◽  
Residential Services ◽  
The Government

The sociological study of institutions has developed considerably in the past two decades. It has moved from the case studies of mental hospitals (e.g. Stanton & Schwartz, 1954; Belknap, 1956) and the graphic, speculative typology of Goffman (1961) to empirically based comparative studies of facilities for both the mentally ill and the mentally handicapped (Hewett et al. 1975; Wing & Brown, 1970; Ullman, 1967; Wing & Hailey, 1972; Morris, 1969; King et al. 1971; Raynes et al. 1977). All these studies have included among their goals the development of our understanding of the structure and functioning of these institutions so as to facilitate the planning, administration and evaluation of better residential services. Further, since the publication of Better Services for the Mentally Handicapped (DHSS, 1971), it is clear that in the United Kingdom the government supports the provision of a continuum of services for mentally handicapped persons. As part of that continuum there is a commitment to provide residential facilities in the community for those who need such services.

The Future of Administrative Justice

2021 ◽  
Author(s):  
Michael Adler
Keyword(s):  
Decision Making ◽  
United Kingdom ◽  
The Past ◽  
The United Kingdom ◽  
The Future ◽  
Administrative Review ◽  
The Impact ◽  
Administrative Justice

This chapter considers the future of administrative justice. Using the United Kingdom as a case study, it argues that the rise and fall of administrative justice can be likened to the swing of a pendulum. It considers first-instance decision-making, the role of outsourcing, the expanding role of administrative review and its implications for administrative justice, the decline of tribunals and the rise of ombudsmen, the effectiveness of oversight arrangements, and the impact of digitalisation. It concludes that the future of administrative justice in the United Kingdom is unlikely to involve a replay of anything that has been encountered in the past.

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