Recent Book: Grievances, Remedies and the State
| DOI | 10.1177/0032258X8505800414 |
| Date | 01 October 1985 |
| Author | D. A. G. Series |
| Published date | 01 October 1985 |
| Subject Matter | Recent Book |
RECENT BOOKS
PATRICK
BIRKINSHAW:
Grievances, Remedies and The State.
London:
Sweet &Maxwell. £8.95.
"This
work
seeks to discuss in
terms
of
our
contemporary
constitutional
apparatus,
some
of the less well
charted
opportunities
which exist for individuals
and
groups
to
make
complaints
to and
about
government
institutions. It will
also
examine
the
extent
to which
opportunities
are available for
participation
by individuals
and
groups
in the decision
making
process of
governmental
institutions".
This
opening
paragraph
from
the
introduction
of
Patrick
Birkinshaw's
book
encapsulates its
dual
purpose. On the one
hand,
it describes a wide range of state
institutions
and
their
means
of
dealing with and remedying grievances. On the
other, the
author
uses this
information
to see "
...
how public institutions
operate
when set beside the ideals which
our
system of
government
and
law are supposed to
foster:
......
The
information
provided on the various public institutions and their
complaint
systems, which includes the police, is useful for
anyone
interested in
making
a
comparative
study.
From
apolice
point
of
view the
book
gives perspective to the
current
clamour
for
more
say in their affairs and for increased accountability.
The
continued
extension of the
ombudsman's
role in the field of local
government
and
the health
service in recent years makes clear
that
complaint
systems (accountability) are
part
of a
movement
towards
more
participation
in the affairs of the
organizations
concerned.
The
need for grievance systems implies
there
is a gap between the ideals
of
state
and
the reality. Whilst such systems go
some
way to redress the balance they still
do not satisfy. Birkinshaw sees
their
growth
as the result of scepticism in the belief
that
politicians and
administrators
could be left to
their
own devices, also the
narrow
role of legal institutions in public
administration.
He
points
out
lessons for
the future
and
gives
support
to the ideas of
Sir
Douglas
Wass
who
has
argued
for a
flexible
permanent
Royal
Commission
which would act as an
independent
and
prestigious overseer of public
administration.
This
book
is
not
light
reading
but,
as
you
would
expect
from
auniversity lecturer,
it is well researched
and
makes awelcome
addition
as a
work
of reference.
D. A. G.
SERIES
M. D. A.
FREEMAN:
The Police and Criminal Evidence Act 1984.
London: Sweet &Maxwell.
£\0.50.
The
outstanding
feature
of
this
book
is its
comparative
value for money, being very
reasonably priced at £10.50
and
containing
a full
reproduction
of the Act and
draft
Codes
of Practice,
together
with the detailed
commentary
of the
author,
at little
over
the cost price of the actual
documents
themselves.
The
author's
approach
to the subject is
somewhat
different from most, in
that
the relevant
annotation
follows each section of
the
Act, thereby facilitating the
reader
by
obviating
the need to
constantly
refer to
other
parts
of
the
book,
which
has been
found
to be
rather
frustrating
when reading
other
works
on this
particular
subject.
The
major
criticism of the
book
is the
author's
tendency to
expound
his own
unequivocal
interpretation
without
setting
out
reasons for his decisions in
some
of
the
more
contentious
areas
of the legislation, but provided
that
the
reader
fully
appreciates this and does not
take
all
that
the
author
says as "gospel", it will serve
as a useful aid to
anyone
involved in
the
practical
application
of the Act.
T.
DEMPSEY
358 October 1985
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