Reforming The Reform

As a special administrative region of China, Hong Kong has its own legal system rooted in the common law. Reforms to this system take into account Hong Kong’s unique conditions as an international city and draw widely on practices around the world. Since 1980, recommendations from a Law Reform Commission, chaired by the Secretary for Justice, have resulted in comprehensive revisions in key areas of law, ranging from commercial arbitration and interception of communications to divorce and copyright. Recently, however, the government has been slow to act on the Commission’s recommendations. Questions have also arisen about whether the Commission — under-resourced, part-time and government-led — can really meet the needs of an increasingly sophisticated society. Is law reform itself also in need of reform? This collection of essays by distinguished experts from around the world seeks answers to the question. The book explores the varied experience of law reform in Hong Kong and other common law jurisdictions and makes recommendations for strengthening the process of law reform both in Hong Kong and elsewhere. Michael Tilbury is Kerry Holdings Professor in Private Law in the Faculty of Law, the University of Hong Kong. Simon N. M. Young is a professor in the Faculty of Law, the University of Hong Kong and was formerly Director of the Centre for Comparative and Public Law. Ludwig Ng is a partner in ONC Lawyers, Hong Kong. "This important book should be a wake-up call to lawmakers in Hong Kong and beyond on the urgent need for effective law reform. It is especially important for Hong Kong whose competitive advantage is being harmed by institutional paralysis and official lethargy. The editors’ modest recommendations deserve urgent action by Hong Kong’s governors to bring up to date its archaic and outmoded legislation." —Lord Lester of Herne Hill, QC "Law reform is essential, especially in these fast-changing times. The law reform agency plays an important role in this process. This work examines the experience of the agency in Hong Kong and elsewhere and discusses how its effectiveness can be enhanced. This valuable contribution deserves to be read." —The Hon. Andrew Li, Chief Justice of Hong Kong, 1997–2010 "This is probably the first collection in Hong Kong of writings on law reform, examining clinically how law reform is, and can be processed with reference to other law reform institutions, in the pursuit of effectively meeting the often shifting needs of society and economy. Important chapters on reform of different areas of law are also included in this book. The editors and contributors are to be congratulated for masterminding such an admirable source of information and inspirational ideas." —Stephen Kai-yin Wong, Barrister, Secretary of the Law Reform Commission of Hong Kong "In this collection of essays the learned editors—Tilbury, Young and Ng—have drawn together an outstanding group of authors, representing many years of experience in law reform across the common law world. From the UK, Canada, Australia and Hong Kong, the insights of the authors are both reflective and forward-looking, providing a rich resource towards 'reforming law reform'." —Professor Rosalind Croucher, President, Australian Law Reform Commission

This book analyzes the reforms that led to a differentiated landscape of higher education systems after university practices and governance were considered poorly adapted to contemporary settings and to their new missions. This has led to a growing institutional differentiation in many higher education systems. This differentiation has certainly contributed to making the institutional landscape more diverse across and within higher education systems. This book covers this diversity. Each part corresponds to a different but complementary way of looking at reforms and highlights what can be learnt on specific cases by adopting a specific perspective. The first part analyzes the ongoing reforms and their evolution, identifies their internal contradictions, as well as the redefinitions and reorientations they experience, and reveals the ideas, representations, ideologies and theories on which they are built. The second part includes comparison between countries but also other comparative perspectives such as how one reform is developed in different regions of the same country, as well as how comparable reforms are declined to different sectors. The last part addresses the impact of the reforms. What is known about the effectiveness of such instruments on higher education systems? This part shows that reforms provoke new power games and reconfigure power relations.

Many countries are still struggling to adapt to the broad and unexpected effects of modernization initiatives. As changes take shape, governments are challenged to explore new reforms. The public sector is now characterized by profound transformation across the globe, with ramifications that are yet to be interpreted. To convert this transformation into an ongoing state of improvement, policymakers and civil service leaders must learn to implement and evaluate change. This book is an important contribution to that end. Reforming the Public Sector presents comparative perspectives of government reform and innovation, discussing three decades of reform in public sector strategic management across nations. The contributors examine specific reform-related issues including the uses and abuses of public sector transparency, the "Audit Explosion," and the relationship between public service motivation and job satisfaction in Europe. This volume will greatly aid practitioners and policymakers to better understand the principles underpinning ongoing reforms in the public sector. Giovanni Tria, Giovanni Valotti, and their cohorts offer a scientific understanding of the main issues at stake in this arduous process. They place the approach to public administration reform in a broad international context and identify a road map for public management. Contributors include: Michael Barzelay, Nicola Bellé, Andrea Bonomi Savignon, Geert Bouckaert, Luca Brusati, Paola Cantarelli, Denita Cepiku, Francesco Cerase, Luigi Corvo, Maria Cucciniello, Isabell Egger-Peitler, Paolo Fedele, Gerhard Hammerschmid, Mario Ianniello, Elaine Ciulla Kamarck, Irvine Lapsley, Peter Leisink, Mariannunziata Liguori, Renate Meyer, Greta Nasi, James L. Perry, Christopher Pollitt, Adrian Ritz, Raffaella Saporito, MariaFrancesca Sicilia, Ileana Steccolini, Bram Steijn, Wouter Vandenabeele, and Montgomery Van Wart.

This collection of essays analyses the reform experiences of the 30 OECD countries in nine major policy domains in order to identify lessons, pitfalls and strategies that may help foster policy reform in the future.

Reforming Social Policy: Changing Perspectives in Sustainable Human Development

Ambitious programs of education reform have been introduced by many governments around the world. Reforming Education is an important study of large-scale education reform in five different settings: England, New Zealand, the Canadian provinces of Alberta and Manitoba and the US state of Minnesota. The book looks at a variety of reforms covering: school choice; charter schools; increased testing of students; stricter curriculum guidelines; and local school management. Drawing from theoretical and empirical work in education, political theory, organizational theory and public administration, Reforming Education provides a clearly developed conceptual framework of analyzing reform programs. The author reviews the political origins of the reforms, the process of adoption into law, the implementation processes used to support the reforms and the results of the reforms for students, schools and communities.

This book takes a look at the 'age of reform', from 1780 when reform became a common object of aspiration, to the 1830s - the era of the 'Reform Ministry' and of the Great Reform Act of 1832 - and beyond, when such aspirations were realized more frequently. It pays close attention to what contemporaries termed 'reform', identifying two strands, institutional and moral, which interacted in complex ways. Particular reforming initiatives singled out for attention include those targeting parliament, government, the law, the Church, medicine, slavery, regimens of self-care, opera, theatre, and art institutions, while later chapters situate British reform in its imperial and European contexts. An extended introduction provides a point of entry to the history and historiography of the period. The book will therefore stimulate fresh thinking about this formative period of British history.

Most American cities are now administered by appointed city managers and governed by councils chosen in nonpartisan, at-large elections. In the early twentieth century, many urban reformers claimed these structures would make city government more responsive to the popular will. But on the whole, the effects of these reforms have been to make citizens less likely to vote in local elections and local governments less representative of their constituents. How and why did this happen? Ariane Liazos examines the urban reform movement that swept through the country in the early twentieth century and its unintended consequences. Reformers hoped to make cities simultaneously more efficient and more democratic, broadening the scope of what local government should do for residents while also reconsidering how citizens should participate in their governance. However, they increasingly focused on efficiency, appealing to business groups and compromising to avoid controversial and divisive topics, including the voting rights of African Americans and women. Liazos weaves together wide-ranging nationwide analysis with in-depth case studies. She offers nuanced accounts of reform in five cities; details the activities of the National Municipal League, made up of prominent national reformers and political scientists; and analyzes quantitative data on changes in the structures of government in over three hundred cities. Reforming the City is an important study for American history and political development, with powerful insights into the relationships between scholarship and reform and between the structures of city government and urban democracy.