Shore, Cris & David V.Williams (eds). The shapeshifting Crown: locating the state in postcolonial New Zealand, Australia, Canada and the UK. xiv, 274 pp., illus., bibliogrs. Cambridge: Univ. Press, 2019. £85.00 (cloth)

2021 ◽  
Vol 27 (3) ◽  
pp. 738-739
Author(s):  
Elsa Peralta
Keyword(s):  
New Zealand ◽  
The State ◽  
The Uk

The Shapeshifting Crown: Locating the State in Postcolonial New Zealand, Australia, Canada and the UK, Cris Shore and David V. Williams (eds) (2019)

2020 ◽  
Vol 8 (1) ◽  
pp. 134-136
Author(s):  
John F. Wilson
Keyword(s):  
New Zealand ◽  
The State ◽  
Cambridge University ◽  
The Uk

Review of: The Shapeshifting Crown: Locating the State in Postcolonial New Zealand, Australia, Canada and the UK, Cris Shore and David V. Williams (eds) (2019) Cambridge: Cambridge University Press, 288 pp., ISBN 978 1 10849 646 9 (hbk), £85

Comparing the institutional constructive trust with the remedial constructive trust

2019 ◽  
Vol 25 (9) ◽  
pp. 919-938
Author(s):  
David K L Raphael
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
The State ◽  
High Court ◽  
The Law ◽  
Uk Supreme Court ◽  
The Uk ◽  
High Court Of Australia

Abstract The concept of the Institutional Constructive Trust was first recognised in Australia in 1907 by the most senior court, i.e. the High Court of Australia, in Black v S Friedman & Co. This arose in a decision involving stolen funds. Its importance was addressed in the State of Victoria in Nolan v Nolan where what was in issue involved the Limitations Act of the State of Victoria. It must be appreciated that in the Commonwealth of Australia, State Acts can, and sometimes do, differ. In 1985, in Muschinski v Dodds, Deane J of the Australian High Court placed different emphasis on the court’s ability to recognise and construe such a trust and gave it the imprimatur of “Remedial Constructive Trust”. The latter, whilst adopted in New Zealand and Canada, has had what might fairly be described as its critics in the UK and, indeed the UK Supreme Court in FHR European Venture LLP v Cedar Capital Partners LLC has stated at [47] that the remedial constructive trust is not part of the law of the UK.

For a Law of Public Contract Per Se: An Intervention from Liberal Contract Theory

2019 ◽  
Vol 39 (4) ◽  
pp. 856-877
Author(s):  
Janet M McLean
Keyword(s):  
New Zealand ◽  
Judicial Review ◽  
Contract Theory ◽  
Critical Role ◽  
The State ◽  
Private Law ◽  
Role Of The State ◽  
Per Se ◽  
The Uk

Abstract Judges in judicial review cases in New Zealand and the UK currently begin with the presumption that the existence of a contract means that the matter should be treated as a private law one—at least in the absence of a special ‘public element’. This article argues that all contracts with government entities should be treated as presumptively public. Such a position can be justified by recourse to liberal contract theory. Arthur Ripstein’s Kantian theory identifies the critical role of the state in securing the background conditions for the operation of private law. These are unsettled when a government entity is one of the parties to a contract.

From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland

2016 ◽  
Vol 6 (2) ◽  
pp. 118-135
Author(s):  
Lucia Della Torre
Keyword(s):  
General Rule ◽  
The State ◽  
The Other ◽  
Specific Field ◽  
Widespread Phenomenon ◽  
Judicialization Of Politics ◽  
The Uk ◽  
Migration Law

Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.

scholarly journals Vulnerable bodies and invisible work: The Covid-19 pandemic and social reproduction

2021 ◽  
pp. 135822912110313
Author(s):  
Ellen Gordon-Bouvier
Keyword(s):  
Social Reproduction ◽  
The State ◽  
Family Unit ◽  
State Response ◽  
The Past ◽  
Invisible Work ◽  
The Uk ◽  
Liberal Individualism

The restrained state has always sought to devalue socially reproductive work, often consigning it to the private family unit, where it is viewed as a natural part of female relational roles. This marginalisation of social reproduction adversely affects those performing it and reduces their resilience to vulnerability. The pandemic has largely shattered the liberal illusions of autonomous personhood and state restraint. The reality of our universal embodied vulnerability has now become impossible to ignore, and society’s reliance on socially reproductive work has therefore been pushed into public view. However, the pandemic has also exacerbated harms and pressures for those performing paid and unpaid social reproduction, creating a crisis that demands an urgent state response. As it is argued in this paper, the UK response to date has been inadequate, illustrating an unwillingness to abandon familiar principles of liberal individualism. However, the pandemic has also created a climate of exceptionality, which has prompted even the most neoliberal of states to consider measures that in the past would have been dismissed. In this paper, it is imagined how the state can use this opportunity to become more responsive and improve the resilience of social reproduction workers, both inside and outside the home.

scholarly journals Trial of the State: Law and the Decline of Politics by Jonathan Sumption. London: Profile Books Ltd, 2019, 112 pp (£8.99 softback). ISBN 978-1-78-816373-6.

Legal Studies ◽  
2021 ◽  
pp. 1-4
Author(s):  
Laura Higson-Bliss
Keyword(s):  
The State ◽  
Political Crisis ◽  
State Law ◽  
Increasing Trend ◽  
The Uk

The UK is currently experiencing what can only be described as a political crisis. As faith in politics declines amongst citizens, there is an increasing trend to turn to the courts for answers – this is the thesis of Jonathan Sumption's Trial of the State: Law and the Decline of Politics. Based on the 2019 Reith Lectures, two recurring themes emerge throughout the book: the decline of politics; and the rise of law to compensate.

Advanced practice in ophthalmic nursing: A comparison of roles and the effects of policy on practice in the UK and New Zealand

2010 ◽  
Vol 18 (1) ◽  
pp. 7-18 ◽  
Author(s):  
Janet Marsden ◽  
Mary E. Shaw ◽  
Sue Raynel
Keyword(s):  
Health Policy ◽  
New Zealand ◽  
National Health ◽  
Mixed Method ◽  
Advanced Practice ◽  
National Health Policy ◽  
Minimal Effect ◽  
Questionnaire Data ◽  
Role Development ◽  
The Uk

This paper compares the results of studies of ophthalmic advanced practice in two similar but distinct health economies and integrates the effects of the setting, health policy and professional regulation on such roles. A mixed method questionnaire design was used, distributed at national ophthalmic nursing conferences in the UK and in New Zealand. Participants were nurses undertaking advanced practice who opted to return the questionnaire. Data were analysed separately, and are compared here, integrated with national health policy and role regulation to provide commentary on the findings. The findings suggest that health policy priorities stimulate the areas in which advanced practice roles in ophthalmic nursing emerge. The drivers of role development appear similar and include a lack of experienced doctors and an unmanageable rise in healthcare demand. Titles and remuneration are different in the two health economies, reflecting the organisation and regulation of nursing. In clinical terms, there are few differences between practice in the two settings and it appears that the distinct systems of regulation have minimal effect on role development. Ophthalmic nursing, as a reactive, needs based profession and in common with nursing in general, evolves in order that practice reflects what is needed by patients and services.

scholarly journals Testing Times: The Place of the Citizenship Test in the UK Immigration Regime and New Citizens’ Responses to it

Sociology ◽  
2016 ◽  
Vol 51 (2) ◽  
pp. 323-338 ◽  
Author(s):  
Bridget Byrne
Keyword(s):  
At Risk ◽  
The State ◽  
The Uk ◽  
Equal Citizenship ◽  
Successful Integration

Citizenship tests are designed to ensure that new citizens have the knowledge required for successful ‘integration’. This article explores what those who have taken the test thought about its content. It argues that new citizens had high levels of awareness of debates about immigration and anti-immigration sentiment. Considering new citizens’ views of the test, the article shows how many of them are aware of the role of the test in reassuring existing citizens of their fitness to be citizens. However, some new citizens contest this positioning in ‘acts of citizenship’ where they assert claims to citizenship which are not necessarily those constructed by the state and implied in the tests. The article will argue that the tests and the nature of the knowledge required to pass them serve to retain new citizens in a position of less-than-equal citizenship which is at risk of being discursively (if less often legally) revoked.

Austerity, Women and the Role of the State

2020 ◽  
Author(s):  
Vicki Dabrowski
Keyword(s):  
The State ◽  
Symbiotic Relationship ◽  
Class Relations ◽  
Everyday Lives ◽  
Gendered Politics ◽  
Role Of The State ◽  
Diverse Backgrounds ◽  
Everyday Experiences ◽  
The Uk

Using interviews with women from diverse backgrounds, the author of this book makes an invaluable contribution to the debates around the gendered politics of austerity in the UK. Exploring the symbiotic relationship between the state's legitimization of austerity and women's everyday experiences, the book reveals how unjust policies are produced, how alternatives are silenced and highlights the different ways in which women are used or blamed. By understanding austerity as more than simply an economic project, the book fills important gaps in existing knowledge on state, gender and class relations in the context of UK austerity. Delivering a timely account of the misconceptions of policies, discourses and representations around austerity in the UK, the book illustrates the complex ways through which austerity is experienced by women in their everyday lives.

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