Abstract: Over the past fifty years, proportionality balancing – an analytical procedure akin to strict scrutiny in the United States – has become a dominant technique of rights adjudication in the world. From German origins, proportionality analysis spread across Europe, into Commonwealth systems (Canada, New Zealand, South Africa), and Israel; it has also migrated to treaty-based regimes, including the European Union, the European Convention on Human Rights, and the World Trade Organization. Part II proposes a theory of why judges are attracted to the procedure, an account that blends strategic and normative elements. Parts III and IV provide a genealogy of proportionality, trace its global diffusion, and evaluate its impact on law and politics in a variety of settings, both national and supranational. In the conclusion, we discuss our major finding, namely, that proportionality constitutes a doctrinal underpinning for the expansion of judicial power globally. Although there is significant variation in how it is used, judges who adopt proportionality position themselves to exercise dominance over policymaking and constitutional development.

Abstract: This contribution adds to the controversial discussion of the investment of scarce public resources in mega sport events such as the Olympic Games The positive, or negative, legacy of mega sport events will be considered A definition of legacy will be given, how legacy might be measured is discussed and the key elements that make up a legacy are identified Examples are taken from recent Olympic Games and other mega sports events such as the Manchester Commonwealth Games in 2002

Abstract: This paper discusses the effects of terrorism and political unrest on the level of tourism activities in two developing countries that are a part of the Commonwealth, Kenya and Fiji. The paper explores the nature of the attacks and their impacts on the case studies in terms of the effects on the number of tourism arrivals and the volume of receipts. The responses of the governments, the media and the international communities are also examined to see if there are any guidelines to the likely magnitude and duration of the effects. The selection of case studies was limited to developing countries that are also members of the Commonwealth and which have had severe political instability or cases of terrorist attacks, or both. In so doing the paper observes the relationship that exists between the changes in arrivals and the changes in tourism receipts as a result of the occurrence of political/terrorist events. Comparisons are made between the effects on arrivals and receipts and the attempted recovery of both destinations. Although there is some commonality found in the results, the evidence of such a strong stable relationship is by no means conclusive. However, the results do suggest that political events such as a coup and internal political problems have far more severe impacts on the level of tourism activity than a low-to-medium, one-off terrorist attack. Copyright © 2008 John Wiley & Sons, Ltd.

Abstract: This Interim Report seeks to provide a flavour of early findings from the work of the Review, to share ideas on work in progress as a basis for interaction with the Australian community, and to indicate the scope of the work programme through to the completion of the Review. There are some important areas of the Review’s work that are barely touched upon in the Interim Report, which will feature prominently in the final reports. Adaptation to climate change, energy efficiency and the distribution of the costs of climate change across households and regions are amongst the prominent omissions from this presentation.

Abstract: During the past forty years, over 200 new constitutions have emerged in countries at risk of internal violence. Internationally brokered peace accords have entailed the development of constitutions not only in the Balkans but also in Cambodia, Lebanon, East Timor, Rwanda, Chad, Mozambique, Bougainville-Papua New Guinea, Nepal, the Comoros, and other places. (1) New constitutions have heralded the adoption of multiparty systems from Albania to Zambia. (2) Policymakers have started to ask what we have learned and specifically whether some constitutional reform processes are more likely than others to deliver a reduction in violence or more rights-respecting fundamental documents. For example, over the past decade, the Commonwealth, the U.S. Institute of Peace, and the non-governmental organization International Institute for Democracy and Electoral Assistance (IDEA) have worked to develop good practice guidelines for the conduct of constitution writing. (3) Does the type of deliberative forum make a difference? Do better results emanate from elected constituent assemblies than from unelected bodies? Does the choice of decision rules shape the regard for a broader range of interests? This challenge is difficult. Our instincts tell us that process makes a difference. Constitution writing has sometimes inflamed passions and sparked violence, as it did in the Solomon Islands, Iraq, Chad, and the Republic of the Congo, for example. (4) It has produced better than expected results in some other countries, including South Africa. (5) It is devilishly difficult to show, empirically, that procedures made the difference in these cases, however. A number of very serious analytical problems hamper the ability to give a social science answer to the question policymakers have asked. Mark Tushnet is right to wave warning flags. (6) Nonetheless, there may be some paths forward. My primary intention here is to offer a description of the range of procedures currently in use and the "results," very narrowly defined, associated with these procedures. This overview draws on an original dataset, (7) as well as on conversations that took place among constitution drafters and scholars under the auspices of Princeton University, Interpeace, and International IDEA in May 2007. (8) It serves as a preface to some of the other contributions in this issue. Part I probes some of the expectations one might have about the effects of process on outcomes. Part II defines what drafters mean by "process" and offers a quick, general description of recent trends in the choice of procedure. Part III explores some of the patterns in the data. Part IV offers an agenda for research and discussion of constitution writing and conflict resolution. I. EXPECTATIONS High hopes often attend efforts to write new constitutions. "Success" has many dimensions. A common aspiration includes the achievement of a durable agreement, an arrangement that will not be disregarded or suspended lightly and within a short period. More immediately and perhaps more importantly, people often hope for a reduction in violence and an increase in civility. The degree to which a constitution or a constitution-writing process displaces conflict from the streets and into institutions is an important measure of success. Said one participant in a conference at Princeton University in May 2007, "a successful process is transformational; it converts the spoilers." (9) The people most able to cause violence accept the basic terms and are willing to process disagreements in constitutionally acceptable ways. Their orientation toward political institutions and toward law changes in the course of negotiations. Success may have other dimensions as well. It may pertain to the choice of terms in the document itself. Order is not all that matters in today's world. Historically, constitutions often developed as agreements about how to design government so that the sovereign could not abuse citizens, especially those who had to foot the bill, in money or lives, of foreign misadventures and lavishness at home. …

Abstract: Although The Nursing Home Reform Act, passed in 1987, established residents’ rights and quality standards for nursing homes nationwide, serious concerns remain about quality of care and quality of life for nursing home residents. The “culture change” movement is working to radically transform nursing home care, and help facilities transition from institutions to home. This report presents results from the Commonwealth Fund 2007 National Survey of Nursing Homes, fielded to examine the penetration of the culture change movement at the national level and measure the extent to which nursing homes are adopting culture change principles and practicing resident-centered care. Results are mixed, with much room for improvement. The survey highlights important lessons, including the finding that the more a nursing home has adopted culture change principles, the greater the benefits that accrue to it, in terms of staff retention, higher occupancy rates, better competitive position, and improved operational costs. Support for this research was provided by The Commonwealth Fund. The views presented here are those of the authors and not necessarily those of The Commonwealth Fund or its directors, officers, or staff. This and other Fund publications are available online at www.commonwealthfund.org. To learn more about new publications when they become available, visit the Fund’s Web site and register to receive e-mail alerts. Commonwealth Fund pub. no. 1131.

Abstract: A two-year-long economic downturn and a persistent income gap with the U.S. mainland contribute to an uncertain outlook for Puerto Rico. Still, the commonwealth possesses a skilled and educated workforce, a favorable business climate, and the benefits of U.S. legal and financial structures - advantages that could encourage the development of new industries and create the potential for sustained growth.

Abstract: Although The Nursing Home Reform Act, passed in 1987, established residents’ rights and quality standards for nursing homes nationwide, serious concerns remain about quality of care and quality of life for nursing home residents. The “culture change” movement is working to radically transform nursing home care, and help facilities transition from institutions to home. This report presents results from the Commonwealth Fund 2007 National Survey of Nursing Homes, fielded to examine the penetration of the culture change movement at the national level and measure the extent to which nursing homes are adopting culture change principles and practicing resident-centered care. Results are mixed, with much room for improvement. The survey highlights important lessons, including the finding that the more a nursing home has adopted culture change principles, the greater the benefits that accrue to it, in terms of staff retention, higher occupancy rates, better competitive position, and improved operational costs. Support for this research was provided by The Commonwealth Fund. The views presented here are those of the authors and not necessarily those of The Commonwealth Fund or its directors, officers, or staff. This and other Fund publications are available online at www.commonwealthfund.org. To learn more about new publications when they become available, visit the Fund’s Web site and register to receive e-mail alerts. Commonwealth Fund pub. no. 1131.

Abstract: around the globe than any previous or subsequent age: something historians have called "The General Crisis." In the 1640s, Ming China, the most populous state in the world, collapsed; the Polish-Lithuanian Commonwealth, the largest state in Europe, disintegrated; much of the Spanish monarchy, the first global empire in history, seceded; and the entire Stuart monarchy rebelled-Scotland, Ireland, England, and its American colonies. In addition, just in the year 1648, a tide of urban rebellions began in Russia (the largest state in the world), and the Fronde Revolt paralyzed France (the most populous state in Europe); meanwhile, in Istanbul (Europe's largest city), irate subjects strangled Sultan Ibrahim, and in London, King Charles I went on trial for war crimes (the first head of state to do so). In the 1650s, Sweden and Denmark came close to revolution; Scotland and Ireland disappeared as autonomous states; the Dutch Republic radically changed its form of government; and the Mughal Empire, then the richest state in the world, experienced two years of civil war following the arrest, deposition, and imprisonment of its ruler.1 The frequency of popular revolts around the world also peaked during the midseventeenth century. In China, the number of major armed uprisings rose from under ten in the 1610s to more than seventy in the 1620s and more than eighty in the 1630s, affecting 160 counties and involving well over 1 million people.2 In Japan, some forty

Abstract: Health care providers, researchers, policymakers, and the public have a growing recognition that today’s health care delivery system is not organized to take advantage of the many drivers of quality and efficiency, and that the system suffers from underuse, overuse, and misuse of care. Many experts believe that greater (and different) delivery system organization is fundamental to improved quality and efficiency. This report summarizes and presents a framework for understanding recent research literature linking delivery system organizational attributes with health care efficiency and quality. The focus is on physician groups, as physicians represent the core of any organized delivery system. The report also highlights areas for further research and refinement of the framework and discusses whether and how policymakers can promote specific physician group attributes as a means of improving value. Support for this research was provided by The Commonwealth Fund. The views presented here are those of the author and not necessarily those of The Commonwealth Fund or its directors, officers, or staff. This and other Fund publications are available online at www.commonwealthfund.org. To learn more about new publications when they become available, visit the Fund’s Web site and register to receive e-mail alerts. Commonwealth Fund pub. no. 1121.

Abstract: Acknowledgements Illustrations Abbreviations Introduction 1. The Communist Menace 2. V. J. Patel and the Indian-Irish Independence League 3. Subhas Chandra Bose and Ireland 4. The Second World War and the 'Vanishing Empire' 5. A Commonwealth Republic Conclusion Biographical notes Appendices Bibliography Index.

Abstract: The Global Employment Challenge examines in depth the state of employment in the world today. It finds that there is a serious problem worldwide: lack of productive work for a large section of the labor force. The causes and manifestations of the problem differ in the developing, developed, and transition economies of central and eastern Europe and the Commonwealth of Independent States. The report offers groundbreaking empirical analysis of the nature and characteristics of the employment problem in each of the three types of economies. It looks at the factors underlying the problem, considers the impact of globalization, and identifies the policy challenges at national and international levels. The report warns that if national governments and the global community fail to respond to these policy challenges, the employment problem will spread throughout the world. "It is well-written, full of useful information and has a nice combination of data and analytics....The report should be valuable to the research and policy communities." --Kaushik Basu, C. Marks Professor and director of the Center for Analytic Economics, Cornell University

Abstract: Like many Commonwealth countries, Canada and the United Kingdom have faced challenges to their territorial integrity from assertive minority nationalist movements, especially in Quebec and Scotland. Successive governments have faced the task of identifying strategies to accommodate these nations within the territorial framework of the existing state. The accommodation of national minorities is a central task of territorial management within multinational states, and essential to the state's survival. This article draws upon Hirschman's analysis of exit, voice and loyalty, as well as Taylor's emphasis upon the importance of recognition, to identify the contrasting accommodation strategies evident in Canada and the UK. It concludes by suggesting that successful territorial accommodation will depend upon the employment of strategies that provide for recognition of the status of national minorities as well as the expression of their distinctive voice within the multinational state.

Abstract: In their modelling and classificatory ventures western scholars have usually mistakenly included family forms in historical Eastern Europe by induction in well-established generalizations about Russian or Balkan populations. At the same time, well into the late 1990s, most of Eastern European historians have shown no interest in studying domestic groups in socio-historical perspective. This article attempts to restate that picture through a thorough analysis of an unprecedented collection of historical household data for the late eighteenth-century Polish-Lithuanian Commonwealth, one of the largests political entities in Europe of that time. Through an application of a variety of methodologies three regional family patterns have been distinguished on the historical Polish territories, their main characteristics described and then juxtaposed against the major features of paradigmatic examples of the ‘Eastern European family type’. The results indicate that the existing models of household systems in preind...

Abstract: Educational policy‐making in the Commonwealth of Independent States (CIS) is still building upon the ambivalences and uncertainties of post‐communist transformation. The international support, expertise and discourses – coupled with communist legacies, stalled democratic developments and national discourses – produce unique effects on education in each of these countries. This paper is an attempt to conceptualise educational policy‐making (with its disparities between ‘democratised’ discourses and ‘Sovietised’ practices) as a form of emerging governmentality or governmentality‐in‐the‐making on the level of the state, using Ukraine as a case study. Analysing policy‐making through the perspective of emerging governmentality brings into focus the genealogy of post‐independent reforms, which is (as a part of the technologies of government) threaded into a broader governmental project of restructuring the state and legitimising its rationality. The final empirical part of the paper presents a discourse analysi...

Abstract: The economic downturn is forcing working families across the United States to make tough financial choices, often involving sacrificing needed health care and health insurance. Using data from four years of the Commonwealth Fund Biennial Health Insurance Survey, this report examines the status of health insurance for U.S. adults under age 65 and the implications for family finances and access to health care. Insurance coverage deteriorated over the past six years, with declines in coverage most severe for moderate-income families. As result, more families are experiencing medical bill problems or cost-related delays in getting needed care. In 2007, nearly two-thirds of U.S. adults, or an estimated 116 million people, struggled to pay medical bills, went without needed care because of cost, were uninsured for a time, or were underinsured (i.e., were insured but not adequately protected from high medical expenses). Support for this research was provided by The Commonwealth Fund. The views presented here are those of the authors and not necessarily those of The Commonwealth Fund or its directors, officers, or staff. This and other Fund publications are available online at www.commonwealthfund.org. To learn more about new publications when they become available, visit the Fund’s Web site and register to receive e-mail alerts. Commonwealth Fund pub. no. 1163. CONTENTS List of Figures and Tables iv About the Authors vi Acknowledgments vi Executive Summary vi

Abstract: This paper argues that the Council of Australian Governments ('COAG'), which developed from the Special Premier's Conferences in the early 1990s, has brought depth and strength to the extra-constitutional machinery of federalism. Further, it suggests that COAG is particularly significant for the governance of the Australian federation because it has simultaneously reinforced cooperation between the Commonwealth and the States, while at the same time embedding the conditional nature of the federal relationship.

Abstract: In the history of the modern world, it is well known that the British Isles have exercised an influence entirely disproportionate to their size. In the history of modern police, Ireland’s contributions are little known. The time is long overdue to recognize the importance of this small island in the development of police in the British archipelago and beyond.

Abstract: Moscow has made it abundantly clear that the Commonwealth of Independent States is a Russian sphere of influence where the role of other great powers must be minimized

Abstract: * Introduction * The Revolutionary Commonwealth * Fragmentation and Contestation * The Political Transformation of Civil Society * Forging a Grassroots Public Sphere * The Elite Public Sphere * Democrats Strike Back * Conclusion * Notes * Acknowledgments * Index

Abstract: This article discusses family patterns in the vast territories of historical Poland and Lithuania at the end of the eighteenth century. It explores one of the largest collections of historical household data in Europe on pre-industrial rural settings, and applies a variety of methodologies to reveal various aspects of family systems, as well as their spatial distribution. Three regional family patterns have been distinguished in the historical Polish territories, differing both in terms of household structure and household formation rules and in terms of their marriage patterns. Analysis of the dataset on these spatially, culturally and socioeconomically diverse regions has also facilitated the preliminary identification of the factors shaping these family systems. Contrary to conventional wisdom, the data presented here suggest that the impact of second serfdom on family structure was by no means uniform, and that factors other than purely economic ones may actually have accounted for the diversity of family systems prevailing in historical Poland and Lithuania.

Abstract: Australian federalism is characterised by an unusually high degree of vertical fiscal imbalance ('VFI'). With just more than half of the service delivery responsibilities, the Commonwealth controls over 80 per cent of all tax revenue - well in excess of its requirements. Such disparity necessarily entails some system of fiscal transfer whereby the surplus funds of the Commonwealth are used to make up the corresponding shortfall in the States. The States, on average, are dependent on the Commonwealth for 45 per cent of their revenue. A substantial share of those transfers is in the form of Specific Purpose Payments ('SPPs') or 'tied grants' which the Commonwealth uses to exert policy influence in areas of State jurisdiction. While tied grants are not the only means by which the Commonwealth exerts power over the States, they are a major one. The amount of money involved is considerable, as is the number and range of programs.

Abstract: This article traces the origins and policy processes of the first national attempt to establish the study of Asian languages and cultures in the Australian education system. Asian Languages and Australia's Economic Future (1994), referred to as the Rudd Report, after the Chair of the Working Group that produced it, was commissioned by the Council of Australian Governments (COAG) in December 1992 to develop a strategic framework for the implementation of an Asian languages and cultures program in Australian schools. The Report’s aetiology stemmed from a Languages other than English (LOTE) initiative of the Goss Government in Queensland and was presented to the first COAG meeting as a model for what might be achieved at the national level in Australia at a time when the federal Labor Government mounted a broader policy push for national capacity building and engagement with Asia. This intersection of interests achieved what a succession of policy documents since 1969 had been unable to attain - political agreement at federal and state levels in Australia - for a national policy prescription for Asian languages and studies. The Rudd Report marked a significant juncture for Australia as it emphasised that second language provision has domestic as well as external considerations and that both were linked to Australia's geopolitical future in the Asian region. This paper argues that the decision-making processes which produced the Report and its implementation as the National Asian Languages and Studies in Australian Schools (NALSAS) Strategy in 1995, can be analysed from the policy literature to cast light on the nature of cooperative federalism in Australia. It also argues that Rudd's role as the principal architect and key protagonist of the report drew on the ideology of economic rationalism and the role of the rational policy actor. Yet despite this policy achievement and signs that this long term strategy was taking effect, in 2002 the Howard Government cut the Commonwealth's funding commitment and undermined Australia's first experiment in prioritising Asian languages and cultures in the knowledge economy.

Abstract: In October 2006, state premiers and territory chief ministers gathered in Melbourne for the first meeting of the Council for the Australian Federation (CAF). This little-heralded event marked the beginning of the first formalised structure for state and territory only collaboration since Federation. This article describes the genesis and creation of this new structural response to ongoing state concerns about the trend to an increasingly centralised pattern of Commonwealth-state relations. It identifies the intended functions of the Council, which include: acting as a mechanism for coordinating approaches to negotiations with the Commonwealth; operating as a clearing house for policy ideas in Australia and internationally; harmonising regulatory frameworks; and developing improvements to service delivery in areas of state responsibility. Informed by interviews with key players involved with its establishment and documentary sources, this article assesses CAF's performance during its first 18 months of operation. It explores the hopes and aspirations of key CAF stakeholders, and some of the issues that have confronted the fledgling organisation. Personnel changes among the cohort of state and territory leaders, and the election of a federal Labor government in November 2007 have altered the dynamics of CAF. The article argues that CAF's emergence is an attempt by sub-national governments to develop new capacity and leverage to address the asymmetries that characterise contemporary Australian federalism. However, there are questions about CAF's future, particularly about state and territory governments' capacity to pursue collaborative agendas given the pace and scope of Kevin Rudd's ‘new federalism’ reforms and the demands it is placing on their policy and administrative systems.

Abstract: Introduction: Terrorism and the Changing Politics of Immigration Gary Freeman, Terri Givens and David Leal Part 1: United States 1. Immigration and U.S. National Interests: Historical Cases and the Contemporary Debate Marc Rosenblum 2. Immigration Policy and the Latino Community Since 9/11 Michele Waslin 3. U.S. Asylum Refugee Policy towards Muslim Nations Since 9/11 Idean Salehyan 4. Post-9/11 International Graduate Enrollments in the United States: Unintended Consequences of National Security Strategies Susan K. Brown and Frank D. Bean Part 2: Europe 5. Migration Policy Debates in Europe after 9/11: Securitization, Embedded Liberalism, or the Quest for Legitimation? Christina Boswell 6. Disembedding Liberalism? Immigration Politics and Security in Britain since 9/11 James Hampshire 7. Fortifying Fortress Europe? The Effects of September 11 on EU Immigration Policy Adam Luedtke 8. Borders, Security, and Transatlantic Cooperation in the 21st Century: Identity and Privacy in an Era of Globalized Surveillance Valsamis Mitsilegas 9. Towards a Common European Asylum Policy: The Political Economy of Refugee Burden Sharing Eiko R. Thielemann Part 3: The Commonwealth Perspective 10. Immigration, the War against Terror, and the British Commonwealth James Jupp

Abstract: This paper presents a case study of the origins, politics, and preliminary outcomes of Virginia's "restructured" relationship between public colleges and universities and the Commonwealth. The initially proposed "charter" status for the state's three historically important universities became the vehicle fora reform that imposed more substantive accountability in exchange for procedural independence—a different outcome than the institutions expected. Was this difference the result of a misestimation of the political realities that could have been anticipated? This reform's long-term impact remains uncertain as the terms of highly complex legislation remain to be translated into clear operational policy.

Abstract: The flow of business money to political parties is a vital issue for Australian democracy. Nonetheless, there has been no systematic study of why Australian businesses contribute to political parties and why they contribute more to one party than to others. I exploit Australian Electoral Commission data on payments to parties by 450 large businesses over 7 years at the Commonwealth and State levels. Economic characteristics (income and sector) are important to understanding which businesses make political contributions. However, they are little help in understanding how businesses distribute their cash. This is best interpreted as an interaction of ideological bias and political pragmatism. If Labor has the political advantage businesses tend to split contributions evenly between the ALP and the Coalition. If the Coalition has the political advantage businesses overwhelmingly target their contributions on the Liberal and National parties.

Abstract: This paper uses the context of the Commonwealth in order to focus on a specific dimension of tourism that is located within it, that of the mega all- Commonwealth event, the Commonwealth Games, and its impact in tourism terms. Sports events and tourism are closely linked and it is abundantly clear that the tourism potential of mega sporting events such as the Commonwealth Games is a major factor in encouraging cities to bid to host such events. Such tourism potential relates to the immediate attraction of the event to athletes and officials associated with the event, volunteers and paid employees who work at the event and, in particular, international and domestic visitors as games spectators and participants. This paper sets the Commonwealth Games in the wider context of sports tourism and will address their impact through consideration of the 2006 Commonwealth Games in Melbourne, Australia.