Social security law: what does the politics of ‘conditional welfare’ mean for review and client representation?

This paper reflects on aspects of the meaning of new social security as ‘conditional welfare’ (such as welfare quarantining) and its implications for client rights, advocacy and public policy accountability. The paper considers the rising reliance on conditional welfare and related measures such as ‘linked‘, localised or place‐based welfare, and the increasing complexity of welfare discretions. The paper essentially makes the argument that it is past time to begin to debate the pros and cons for Australia of conditional welfare as it impacts on administrative law and new forms of welfare advocacy.     

Sodium cromoglicate: an ineffective drug or meta‐analysis misused?

Sodium cromoglicate (SCG) has been available since around 1970 for the treatment of asthma and other allergic disorders in both adults and children. It has been approved for use around the world. Over the period of its development, a number of different formulations were introduced. In 1999, a systematic review of SCG use in childhood asthma was carried out and reported initially as a poster. Further systematic reviews and papers followed from the same authors and finally a Cochrane Collaboration review was published in 2003. All concluded that SCG was ineffective in paediatric asthma. Both the British Thoracic Society Guidelines for the treatment of paediatric asthma and the Model List of Essential Drugs of the WHO now reflect these conclusions. This paper looks carefully at the conclusions of these systematic reviews and raises concerns about the interpretation of the results. These failed to take adequate account of the changes with time in both the formulations used and the age groups examined, and also failed to take adequate note of the totality of information available over all end-points. One primary end-point was based on only four out of the 24 studies included in the review. Rather than having no effect, it is demonstrated that a considerable body of evidence favours SCG compared to placebo and, far from being ineffective, the drug appears to be effective particularly in older children. This article replaces a previously published version. DOI: 10.1002/pst.258.     

国家精品课程复核的制度设计

国家精品课程复核的目的是对公共资金使用的问责,其制度设计遵循系统性、科学性、导向性与可行性原则。依据行政合同的法律要求及问责理论,可以将国家精品课程复核的基本要素界定为：复核主体、复核对象、复内容、复核方法、后果处理等五个方面;参考国家精品课程的评审指标,可以从输入、过程、输出、支撑和特色五大方面具体设置复核指标：并设置院校自评与外部复核相结合的复核基本程序。     

侦查程序中构建司法审查机制的障碍性因素分析

司法审查机制在现代西方法治国家已得到普遍确立。在我国现行的政治体制和司法制度下,构建针对刑事强制措施的刑事司法审查制度尚有很多现实的障碍性因素需要克服:法治基础上和谐观念的欠缺、司法中立的不够、检察职能的错位、非法证据排除规则的缺失、侦查程序诉讼化动力的不足等。认识并分析这些主要的相关因素,在实践中认真地加以克服,才是解决问题之道。