Few today would deny the necessity for subordinate legislation. The true business of Parliament remains the debate over the major principles of policy, but Parliament has neither the technical skill nor the time to process the mass of detailed regulation. Nevertheless, even with a sound division of function between Parliament and the departmental sources of delegated legislation, a serious problem remains. The initiative in the framing of public policy has passed to the bureaucracy, and machinery is required to ensure that bureaucratic legislation may receive the same debate, criticism, and review as ordinary legislation. The objective of administrative reform has been to safeguard the public against bureaucratic tyranny by three devices: (a) systematic publication of subordinate legislation; (b) opportunity for parliamentary review; and (c) continuance of judicial review of the scope of delegated authority.

In the United Kingdom, where these matters are more highly developed than under any other parliamentary system, the first two of these requirements are met by the Statutory Instruments Act, 1946, by various Statutory Instruments Regulations made thereunder, by the activity of the House of Commons Select Committee on Statutory Instruments, and through various techniques of parliamentary review.

We may begin by stating three fundamental factors which in their interrelationship and when set into our scheme of economic competition are the basis of the minority group status of the Japanese immigrants in America. It is also these three factors which serve to relate the American-born Japanese to the present world crisis.

To be considered first is the factor of race. It has been used as a discriminating category for land ownership, for naturalization, and for regulating immigration. In 1913 California passed the first of the anti-alien land laws, prohibiting aliens ineligible for citizenship from owning land. Other states followed later with similar laws. In 1922 the United States Supreme Court upheld a lower court decision that members of the “Mongolian race or the Malay race” could not be naturalized. The final legal disability placed upon the Japanese on a basis of race was denying them the right of any further immigration. This was established by the National Immigration Act of 1924, often called the “Exclusion Act.” Other groups face social problems because of discrimination based upon racial features, but in the case of the Japanese, when race is combined with the other two factors, it gains unique significance.

The second factor of fundamental importance is that of the Japanese ethnic heritage, of which a central point of concern was the Japanese family system. As early as 1900 the Americans in San Francisco were demanding exclusion, but then the immigrants were mainly single males, as the sex ratio of 2,369.9 males for every hundred females shows, but by 1910 this had dropped to 694.1.

The expected behaviour of aggregate corporate saving is an unsettled problem that has received considerably less attention in economic research than personal saving behaviour. In part this has reflected the rather uncertain status of the corporation as a separate behavioural entity in much of economic analysis. Keynes in the General Theory emphasized personal saving behaviour, and in a brief discussion of saving by corporations, governments, and other institutions he suggested rather obscurely that their motives for saving were “largely analogous to, but not identical with, those actuating individuals.’ Keynes's neglect of corporate saving was not new in the development of economic analysis, and H. G. Johnson has argued that it “reflects Marshall's inability to integrate the modern corporation into his system of economic analysis.”

An attempt to sort out some of the significant determinants of corporate saving is particularly important for two broad questions in economics. First, is the cyclical behaviour of corporate saving an important stabilizer? This question involves a study not only of the marginal relationship between changes in planned corporate saving and corporate income but also of the interdependence between planned corporate saving and planned corporate investment. Secondly, does the behaviour of corporate saving in our society adversely affect the allocation of economic resources? This question is important for the position one takes on whether or not government policy should be designed to increase the distribution of corporate income and thus to increase the channelling of new corporate funds through the capital market.

Policy convergence theory suggests that political leaders of societies will often emulate policy solutions that work in other settings. Yet political leaders can also reject policy alternatives, leading to policy divergence. This study explores the extent to which policy convergence (and/or divergence) takes place in the legal setting of citation practices by the Supreme Court of Canada. The authors examine the Court's practice of citing authorities from other countries, particularly the United States. The findings echo earlier works that have found increasing citation of US case law since the adoption of the Canadian Charter of Rights and Freedoms in 1982. The justices of the Canadian Supreme Court continue to devote considerable attention to the legal doctrines of other countries' courts, particularly when they are confronted with Charter disputes. Thus, convergence theory gets some qualified support when applied to the Canadian Supreme Court's citation practices. The authors provide several complementary explanations for this evidence of policy emulation, suggesting that it stems from the individual attitudes of justices, from the litigation strategies pursued by groups and from broader societal values that the justices adhere to in their rulings. As such, foreign citation patterns of justices on the Supreme Court of Canada should not only be of interest to public law scholars, but to political scientists generally.

La théorie sur la convergence des politiques soutient que les dirigeants des sociétés imitent souvent les solutions politiques qui ont fait leur preuve dans d'autres contextes. Les dirigeants peuvent également, cependant, rejeter les alternatives politiques menant à des divergences. Cette étude examine la portée de la convergence (ou des divergences) des politiques dans le cadre des pratiques de citation de la Cour suprême du Canada, lorsque celles-ci concernent les autorités de d'autres pays, les États-Unis en particulier. Ses conclusions rejoignent celles de travaux antérieurs qui ont constaté une augmentation des citations des lois américaines depuis l'adoption de la Charte canadienne des droits et libertés, en l982. Les juges de la Cour Suprême du Canada continuent d'accorder une attention importante aux doctrines légales des cours des autres pays, en particulier lorsqu'ils sont confrontés à des contestations de la Charte. Donc la théorie de la convergence est confirmée dans une certaine mesure par les pratiques de citation de la Cour suprême du Canada. L'article fournit plusieurs explications complémentaires de cette politique d'imitation, suggérant qu'elle origine des attitudes individuelles des juges, des stratégies de contestation utilisées par les groupes et, plus largement, des valeurs sociétales auxquelles se référent les juges dans leurs décisions. Par conséquent, les patterns de citation des jurisprudences étrangères de la Cour suprême du Canada devraient intéressé, non seulement les chercheurs en droit public, mais les spécialistes de la science politique en général.

In The Law of the Constitution, Dicey contends that parliamentary sovereignty guarantees rights. An absurd claim? Perhaps. But sympathetic exploration shows he is relying on assumptions central to liberal constitutionalism about the power of free speech and partisan debate to effect good laws. He expects rights guarantees to emerge from the contest among parties in the legislature. Reading Dicey today shows how deep-seated is the loss of confidence in parliamentary deliberation, and raises an awkward question: Is the very idea of parliamentary democracy in jeopardy?

Social scientists have for some time been interested in the socialization of young people. An increasing number of studies are available which deal with Western Europe, Japan, South America, and the United States. However, little empirical research has been done on the socialization of Canadian children. The purpose of this paper is to consider the development of English- and French-Canadian children's attitudes toward government in Quebec and to determine, in particular, the impact of their cultural membership on their perception of government. The ultimate goal of this research – though not of this paper – is to investigate empirically the development of national identity in Canada, a concept that has been singled out by several scholars as crucial in political development and nation building.

This article examines the linkages by which time pressure influences national decision makers to initiate wars. It is argued that time pressure matters most significantly as an intervening variable at the decision-maker level in conjunction with system and subsystem level variables, such as changes in relative strike capability and alliance relationships, and state level variables like military strategy and doctrine. Most studies treat time pressure as having relevance during an acute crisis; in this article, time pressure is viewed as having an intermediate-term significance, that is, prior to the escalation phase or during the early phase of a crisis. It is shown that independent variables such as relative capability, alliance relationships and military doctrines are most likely to be associated with war initiation when they are mediated by time pressure. The article also distinguishes between immediate time pressure—that occurs during the escalation phase of a crisis—and intermediate time pressure, which can happen prior to, and at the onset phase of a crisis.

In the wake of wide-ranging municipal amalgamations Ontario, the provincial government promoted the use of community councils, citizen-led boards that would have input in local matters. Community councils were touted as a way of preserving local identity and policy control. However, more than a decade removed from Ontario's restructuring process, few municipalities have community councils in place. Those that have implemented community councils established them with purely advisory functions. This paper asks why community councils were so inconsistently implemented and introduced with such limited powers. Overall, it is found that community councils were victims of restructuring politics. Blocked by city councillors fearing decentralization would dilute their authority and foster political rivals, constrained through a restrictive legislative framework and pushed aside by city officials fearing they would effectively recreate a two-tier system, community councils were either abandoned or installed with a limited mandate.

To many political scientists the stuff of the discipline is supposed to be the delineation and comparison of power and influence relationships. Yet I doubt that we have really progressed very far in our empirical analysis of such phenomena; and indeed empirical studies, especially those conducted in the field, or in the “real” world, which have actually demonstrated influence relationships or tested formulations, seem to have lagged far behind the conceptual part of the enterprise. As one leading formulation puts it, one actor has influence over another actor in so far as he can change his behaviour (opinions, etc.) or get him to do something he would not otherwise do. Even to demonstrate that in any given setting certain actors have more influence and others less, let alone to explain the finding convincingly or to attempt comparisons with other settings, requires careful measurement of the motives, skills, and resources of both influencers and influencees. The requirements are very demanding, of course, and it is no wonder that empirical research has not been able to portray and explain the full reciprocal nature of influence relationships. The concession made to the conceptual and empirical difficulties of the problem seems to have been to examine only one of the actors, or half of the relationship; and in practice this seems to have worked out to be a concentration more on the influential than on the influenced. At times it seems that we have been enthralled simply by the thought of having discovered the influence-wielder, and that we have forgotten that there must also be others who are influence-recipients. As a hopeful correction to this one-sided treatment of influence relationships, and also simply to present some evidence on a topic that needs more documentation, my intention in this paper is to examine those influenced in local politics.

This article seeks to clarify the meaning of conscience and to exhibit its role in the philosophy of Hobbes. The author compares Hobbes's philosophy to Locke's doctrine. Instead of the usual contrast of Hobbes, the enemy to the claims of conscience, and Locke, the defender of the rights of conscience, he shows that Hobbes found a place for conscience within the law—the rights of defendants to a jury of their choice, and the rights of jurors to a verdict according to their conscience—whereas Locke found a place for conscience outside the law, in the judgment of revolutionaries when a revolution is justifiable or successful. In elaborating Hobbes's views of trial by jury, the author suggests that the best forensic metaphor for conscience is a juror (rather than the more usual ones of a witness, a judge or a legislator). Conscience is subjective certainty, dangerous outside an institutional setting, but indispensable for decisions not based on demonstrable knowledge, such as a juror's verdict beyond reasonable doubt.

Abstract. With a focus on NAFTA, we offer an alternative model of trade negotiations that explains why the dominant partner is able to force concessions only on some issues. Key to our model is the concept of scope. The environment side agreement excited wide swaths of society; thus, scope was high and international power asymmetries appear to explain the result. Power asymmetries seemed unimportant, however, when bargaining over issues that affected small portions of society, such as individual tariff levels. Finally, in issues of medium scope, such as the rules of origin for the textile industry, power asymmetries and elements of traditional bargaining models likely account for the negotiated outcomes.

Résumé. Ce texte explique pourquoi, au cours de la négociation d'une entente commerciale, le pays dominant n'a pas en général intérêt à imposer ses préférences aux pays partenaires. Le concept de “ scope ” (ou de portée) sert à distinguer entre les différents enjeux d'une négociation. La négociation du traité de l'ALENA sert ici de cadre pour l'application de notre proposition. Parce que d'importants secteurs de la société jugeaient prioritaires les enjeux soulevés par l'accord parallèle sur la coopération dans le domaine de l'environnement, l'issue des discussions a été imposée au plus haut niveau par les dirigeants américains. En revanche, les taux tarifaires appliqués aux différents produits ne concernent chacun que des groupes restreints. Sur ces enjeux, les rapports de puissance ne jouent pas. Enfin, ce n'est que sur les enjeux intermédiaires, tels que les règles d'origine pour l'industrie textile, que les processus familiers de négociations internationales rendent compte de la réalité de façon satisfaisante.

This article studies the varied fortunes of public administration in Quebec political discourse. After being the object of both discussion and reforms from 1840 to 1870, the administration was largely neglected for the next 90 years, except in the context of political scandals. Then, after two decades of great attention, the administration fell under attack in the 1980s. After looking at the enduring themes of this discourse, the article concludes that, in addition to the conditions prevailing in all the provinces, in Quebec the apolitical nature of traditional ideology prevented the development of a local theory of the state.

In this short paper I shall seek to determine the empirical support for two hypotheses about the social sources of continentalism.

Public Housing in Hull

The purpose of this article is to explain the program of public housing construction in Hull. The first section evaluates the construction completed. Basing their appraisal on several indices, the authors conclude that the municipality began the program enthusiastically but that its activity has decreased since then. Certain factors which could explain these two phases are identified. The authors point out the importance of relating public housing to urban renewal, although the latter would not explain the whole situation by itself. After having noted that pressure groups played a negligible role, the authors examine the chain of communication among the local political elite. One thing they show is how the perceptions of the elite can sometimes be influenced by a certain bias in the information that comes to them from the public. Finally, the authors note the impact of “external” information which connects the local elite to those in other Quebec municipalities and in the neighbouring province.