By Janet McLean
Janet McLean explores how the typical legislations has personified the country and the way these personifications have an effect on and replicate the state's dating to paperwork, sovereignty and civil society, the advance of public legislations norms, the growth and contraction of the general public sphere with nationalization and privatization, nation accountability and human rights. Treating criminal proposal as a number of political proposal, she discusses writers similar to Austin, Maitland, Dicey, Laski, Robson, Hart, Griffith, Mitchell and Hayek within the context of either criminal doctrine and broader highbrow routine.
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38 Statutes by themselves do not change cultures and real change came slowly and often by way of practical administrative and particularly financial reform. 40 By the 1850s, individuals entering the civil service would be required to take entrance exams. A system gradually began to evolve for the appointment of civil servants on merit, who were answerable to a hierarchy and survived changes of government. The legal instrument for reforms of this kind would typically be the prerogative order rather than legislation.
413. Patronage was a very potent source of influence, if not accountability. Chester, The English Administrative System, above n. 11, p. 16. 18 Wilful breach of office could lead to an action for its forfeiture, and failures to act could attract writs of mandamus19 or quo warranto. Tort law, and especially the public law torts such as false imprisonment, also played a regulatory role and focused on the person who actually committed the act. Criminal law was a particularly important means of keeping officials in check.
There is no unified ‘sovereign will’ here in any tangible organizational or political sense. Such controls as existed could only be exercised episodically and after administrative failure. Many controls relied on the actions of individuals (for example, laying an information before a magistrate) rather than on mechanisms of central scrutiny. The concept of office would be a counterweight to attempts to centralize power, especially given that the political authority of office often came from the locality and not from the sovereign, and office was frequently associated with financial and political independence.