Separation of Powers and Universal Suffrage
The introduction of universal suffrage for the selection of the Hong Kong Chief Executive is often portrayed as the answer to the problems afflicting the executive-legislative relationship in Hong Kong. But even in the increasingly unlikely event that a consensus can be reached on the necessary electoral methods, the introduction of universal suffrage would, by itself, do little to address some of the structural problems that spring from the strong system of separation of powers — and, particularly, separation of persons — that exists under the Hong Kong Basic Law.The near total separation of membership of the executive and legislature in Hong Kong weakens the political party system and creates the potential for deadlock between the two branches of the political structure. Such structural issues will need to be addressed alongside the introduction of universal suffrage.If the introduction of a parliamentary system is considered too radical a solution in Hong Kong, such reforms should instead focus on finding the maximum cross membership possible within the present constitutional structure, and improving channels of communication between the executive and legislature. Such reforms would also offer hope for addressing some of the problems currently afflicting the executive-legislative relationship in Hong Kong, even if consensus cannot be reached on the introduction of universal suffrage.
The Political Form of the Constitution: The Separation of Powers, Rights and Representative Democracy
According to article 16 of the French Declaration of the Rights of Man and of the Citizen of 1789, 'A society where rights are not secured or the separation of powers established has no constitution at all'. Together with representative government, which to a large extent was assimilated to the second, these two principles have defined constitutionalism. In recent years. however, the first has come to predominate. This article suggests an alternative story. I shall argue that both historically and substantively liberal rights-based constitutionalism must be located within a more republican conception of the constitution as a system of politics.’ I begin by analysing the main features and problems of the doctrine of the separation of powers, and its relationship to rights and the rule of law. I then survey the historical development of the theory. I note how it was first combined with organic theories of mixed government and the balancing of powers within the body politic, and then transformed by the view of political societies as a popular construct and incorporated within representative democracy.
Therapist-case managers: more than brokers of services.
For satisfactory adjustment into the community, the long-term patient often needs assistance in dealing with a bureaucracy of agencies and departments. Some professionals have suggested establishing the role of case manager, but the case manager system is susceptible to becoming an impersonal bureaucracy itself. The author suggests that case management functions are part of the normal duties of a conscientious therapist, and that only through significant therapeutic involvement does a case manager acquire the in-depth knowledge of the patient to adequately assess his needs and facilitate the processes for meeting them. Thus the case manager should be not simply an intermediate broker of services but the patient's primary therapist. With the "therapist-case manager," the functions of therapy and case management would be combined. If therapists fail to do case management or to treat long-term patients altogether, this problem should be dealt with directly rather than simply by adding another member to the team.