Why should Austria be different from Germany? the two recent nationality reforms in contrast

The article compares and evaluates the two recent reforms of nationality law in Austria and Germany. Before the changes both countries were very similar cases in terms of their nationality and immigration policy. Both relied on strict ‘jus sanguinis’, the principle of descent which is anchored in their nationality laws. One implication of jus sanguinis is that it constantly reproduces ‘new-born’ foreigners, as the only way for foreign residents to obtain national citizenship is via naturalisation. This includes the obligation to renounce any former nationality. In its recent amendment in 2000, Germany has softened the principle of descent by introducing limited ‘jus soli’ with the obligation to opt for one nationality at the age of 23 at the latest. Austria, on the other hand, has stuck to its tradition and introduced restricted reform. The article will outline the context of the two amendments. Why has the outcome been so different although both countries have faced so many similar experiences and circumstances? I will trace the development of both amendments and highlight the backgrounds of these two so contrasting decisions: two different attempts to deal with naturalisation of long-term immigrants and new-born foreigners.     

Eurosceptic yet pro-enlargement: the paradoxes of Hungary’s EU policy

Abstract

The present article seeks to explore the main aspects of Hungary’s EU enlargement policy. It reveals a tension between the government’s committed support for EU enlargement and its critical stance towards the EU on several other fronts. However, on the basis of liberal intergovernmentalist theory, this article argues that this is not a real contradiction since enlargement to the Western Balkans serves Hungary’s national interests in spite of its government’s Euroscepticism. At the same time, Hungary’s questioning of the basic values of the EU as a community of liberal democracies has weakened the legitimacy of Hungarian interventions in favour of speeding up EU enlargement. While Hungary has become ever more isolated from the ‘old’ EU member states, more recently, its government managed to increase its leverage in the Western Balkans and central Europe in the context of the migration crisis.     

The frailties of prisons in post-colonial Sudan: from rehabilitation to retribution, 1956–1989

This article examines the slow eclipse of the rehabilitative ideal within the Sudanese prison system in the period from independence in 1956 till the removal of the third parliamentary regime in 1989. It contends that Ja^cfar Numayri's ‘Islamization’ of the criminal and penal system in 1983, which has been interpreted by some as an act of religious revival aiming to replace a series of externally imposed and European laws, cannot be understood purely in cultural terms. It will demonstrate that the Sudanese prison professionals of the post-colonial era pursued rehabilitative ideals with greater enthusiasm than their colonial predecessors. However, they were hampered by the limited resources offered to them by a government that became increasingly less interested in infrastructural social control and more concerned with exercising direct physical violence against both political and non-political transgessors of the state's law.     

Good Governance and Bermuda’s Public Access to Information Act

Abstract

This paper examines the context surrounding, and debates concerning, freedom of information-type legislation in the British Overseas Territory of Bermuda. It situates the law within a wider push by the British Government for good governance in the British Overseas Territories. It explores the expectation for more ‘open and transparent’ government held by international government organisations, the British Government, and the Bermudian electorate. It analyses the resultant political debates, which are framed by traditions of governance that encouraged secrecy and legacies of distrust between political parties formed soon after universal suffrage was introduced in the 1960s. It investigates the implementation of the Act in response to global, metropolitan and local pressures.     

The legal notion of nationality in the Turkish Republic: from Ottoman legacy to modern aberrations

Shortly after its emergence, the Turkish Republic adopted legislation inspired by European legal systems and traditions, including a law on nationality. The implementation of this law was affected by the staunchly nationalistic early republican policies which were not immune from the influence of the concept of ‘race’, as well as by the Ottoman legal conceptions on nationality based on religion, both of which guided the application of the new laws by the judiciary and the administration. This article proposes a critical legal approach to the issue of Turkish nationality, based on historical reflections. After a survey on the laws on nationality since the foundation of the Republic, it addresses the major confusions in connection with the concept of nationality in the light of textbooks from the relevant period, in order to observe, in conclusion, inherent and insolvable inconsistencies within the law, and a tenacious survival of Ottoman conceptions within the current law on nationality, especially with regard to religious minorities, which are assimilated to dhimmis in the legal subconscious and often equated to foreigners in practice.     

Die Ausbildung bäuerlicher Landschaften im Raum der Eidgenossenschaft

Summary

The Development of Peasant Communities in the Helvetic Confederation

Traditional Swiss historiography saw the history of the cantons as a fight by burghers and peasants for freedom against feudal rule. More recently this black and white picture has been modified by showing that the urban cantons, notably Bern, Zurich and Lucerne, pursued a traditional city‐state policy of territorial expansion and subjection of the peasantry. This picture, in its turn, is now being shown as too extreme since it does not account for the development of the Swiss Confederation and for its evident attraction to communities beyond its borders. A study of the Oberland of Bern shows that, especially in the fifteenth and the early sixteenth century, village and peasant communities were able to get rid of serfdom and acquire from their local feudal lords extensive rights of self‐government and judicial authority, with a displacement of feudal law by common law (Landgesetz). The city of Bern supported these developments. While more detailed studies are required for other parts of Switzerland, it looks as if this development may well have been common.     

De-Europeanisation in Turkey: The Case of the Rule of Law

Abstract

This article investigates the political dynamics shaping the post-2010 ‘de-Europeanisation’ of Turkey’s judicial system, particularly regarding judicial independence and rule of law. The analysis suggests the limits of conventional Europeanisation accounts emphasising causal factors such as European Union (EU) conditionality and the ‘lock-in effects’ of liberal reforms due to the benefits of EU accession. The article argues that the Justice and Development Party’s (AKP’s) bid for political hegemony resulted in the reversal of rule of law reforms. De-Europeanisation is discussed in terms of both legislative changes and the government’s observed discourse shift.     

Politische Redekultur in der Vormoderne. Die Oratorik europäischer Parlamente in Spätmittelalter und Früher Neuzeit

SUMMARY

Procedural delaying tactics (Obstruktion), including filibustering, have been used by parliamentary minorities overwhelmed by large majorities supporting a government. English in origin, they were widespread in Europe by the turn to the twentieth century as a consequence of liberal interpretations of the right to freedom of speech. Apart from England and the United States, the practice was especially prevalent in Austria and Hungary. Barna Mezey examines this issue in Hungary from 1846 until 1939, reviewing the historical, constitutional and legal aspects of obstructive measures and the steps taken against them within a comparative context. The Hungarian manifestation may be divided into simple obstruction (filibustering for several hours per speaker, days for the whole operation), technical (procedural delays, for which frequent lengthy votes were needed), and violent forms such as shouting and the throwing of objects. Only in the last case did Hungarian Speakers not hesitate to take countermeasures, including summoning the police.

After the Dual Monarchy was established, the minority in the Hungarian parliament claimed that its blocking actions were justified as the Compromise of 1867 led the government of Austro-Hungary to pursue policies not in the national interest. The Hungarian parliament was divided between those favouring the dynasty's attempt to create a more unified kingdom and those adhering to the principles of 1848. The latter were deprived of the chance of ever achieving office by the powers granted to the monarch in the Compromise. They felt driven to employ delaying tactics in an organized manner from 1872 onwards, when a proposed change in voting criteria would have greatly restricted the franchise. Another major conflict from 1896 was over measures to reduce the influence of the Church on marriage and to widen freedom of religion, including that for the Jews. An attempt to impose more discipline on debates in 1904 led the opposition to destroy all the furnishings of the debating chamber and precipitated the fall of the government. In 1912 the Speaker, acting for the government, used the police to remove the opposition from the chamber and push through a law introducing a two-year term for military service and other army reforms. Legislation at that time also prohibited procedural delaying measures, and in 1928 severe restrictions were placed on filibustering. The author also analyses the debate at the time among legal experts over the validity of these tactics, at the heart of which lay disagreements on the nature and limits of freedom of speech.     

Policing the ‘suspects’: Ottoman Greeks and Armenians in Istanbul, 1914–18

During the First World War, a primary domestic political aim for all belligerent countries was to preserve the socio-economic status quo in order to provide appropriate conditions for the survival of the state. Therefore, war governments paid particular attention to the maintenance of internal order. While doing this, the central authority of governments became paramount and this situation had remarkable repercussions on state–society relations. This article examines the wartime public order policies of the Ottoman government specifically concerning the Ottoman Greeks (Rum) and Armenians living in Istanbul. During the Great War, these non-Muslim elements were officially regarded as ‘suspects’, in other words, as ‘potential political criminals’ threatening the internal order of the capital. To control the Ottoman Greeks and Armenians, the war government implemented a number of policing strategies that consisted of deportation of individuals and groups, strict control on travel, and close surveillance of ‘suspects’.     

Freedom of Expression in South Korea

South Korea is widely considered a consolidated democracy, but there is growing evidence that freedom of expression in South Korea has lagged behind that of comparable Asian countries and that it has deteriorated since 2008. Freedom House downgraded South Korea’s “freedom of the press” status from “free” to “partly free” in 2010 and other international reports also raised concerns on the status of freedom of expression in the country. We identify five problems that have contributed to the deterioration in South Korea’s rankings with respect to civil liberties: abuse of criminal defamation, the rules governing election campaigns, national security limitations on free speech, restrictions related to the internet and partisan use of state power to control the media. We close by considering possible explanations of the phenomenon, ranging from more distant cultural factors and the influence of the Japanese legal systems through the enduring impact of the Cold War. However, the main problems appear political. Governments on both the political right and left have placed limits on freedom of expression in order to contain political opposition, and constitutional, legal and political checks have proven insufficient to stop them.     

Ferrets in the Caribbean: Britain,Grenada and the Curious Case of the Armoured Cars

Abstract

When the Marxist-Leninist New Jewel Movement seized power in Grenada in March 1979 they set about securing and defending their ‘revolution’ against the threat of a countercoup organised by the deposed Prime Minister Eric Gairy. Military aid was quick to arrive from expected allies, namely Cuba and Guyana. Grenadian Prime Minister Maurice Bishop also requested arms from Britain and the United States. The People’s Revolutionary Government’s (PRG’s) ties to Cuba and evasiveness over election plans ruled out the US providing any support. Britain remained more open-minded about the PRG’s intentions. Using recently declassified British government documents, this article will examine London’s deliberations over supplying armoured cars to Grenada. It argues that Foreign and Commonwealth Office officials focused on the bigger picture of steering the PRG away from Cuba at the cost of considering how the sale of the armoured cars to the PRG would appear to a wider audience and that the PRG’s increasingly authoritarian behaviour ultimately vetoed the sale.     

Inscriptions of Violence in Northern Yemen: Haunting Histories,Unstable Moral Spaces

The article investigates the so-called ‘Huthi crisis’ in northern Yemen, centering on the recent confrontation between Zaydi Shi‘is and the government. The crisis is analysed in the context of local contestations over moral authority and regional developments since the late 1970s. The article shows how regional and global dynamics, notably Cold War strategic alliances, Saudi Arabia's aspirations to contain Shi‘ism on the Arabian Peninsula and American security concerns since 2001, have impacted local politics and configurations of power. The article argues that anxieties over the past remain, against the backdrop of the politicisation and repression of the Zaydi revivalist movement, depicted by the government as aiming to restore the imamate. The government was open to accusations of ambivalence towards Sunni militants, by using them alongside the army and giving them positions of power while at the same time claiming to counter their influence. Action against the Zaydis established its credentials in the ‘war on terror.’     

Media freedom in Malaysia

This article discusses the contemporary issue of media freedom in Malaysia. First, it discusses the concept of freedom of the press and determines which theories, Libertarian, Social Responsibility, or Authoritarian, are suitable in the context of analysing the real situation of media freedom in Malaysia. Second, by using the list of media freedom criteria from the Department of Journalistic Studies, Missouri University, US, analysis has been done to measure the situation of media freedom in Malaysia. Third, the article tries to show the latest movements and lobbies internally and externally in supporting the media freedom in Malaysia. To conclude the current situation, the Malaysian government has restricted media freedom for the purpose of national security and political stability. However, this article clearly shows that media in Malaysia has been controlled by the government and media companies associated with government leaders for political survivability of ruling government party and leaders to hold the power.     

The council of expediency: crisis and statecraft in Iran and beyond

Abstract

Giorgio Agamben argues that in contemporary governance the use of ‘emergency’ is no longer provisional, but ‘constitutes a permanent technology of government’ and has produced the extrajudicial notion of crisis. The engendering of ‘zones of indistinction’ between the law and its practice is what Agamben defines as a ‘state of exception’. This article adopts the notion enunciated by Agamben and revisits it in the Islamic Republic of Iran. There, the category of crisis has been given, firstly, a juridical status through the institution of maslahat, ‘expediency’, interpreted in a secular encounter between Shi^ca theological exegesis and modern statecraft. Secondly, crisis has not led to the production of a ‘state of exception’ as Agamben argues. Instead, since the late 1980s, a sui generis institution, the Expediency Council, has presided and decided over matters of crisis. Instead of leaving blind spots in the production of legislative power, the Expediency Council takes charge of those spheres of ambiguity where the ‘normal’ – and normative – means of the law would have otherwise failed to deliver. This is a first study of this peculiar institution, which invites further engagement with political phenomena through the deconstruction and theorization of crisis politics.     

日本《裁判员法》第73条介评

日本新的裁判员法具有重大意义,旨在便捷国民参与司法并提高对于司法的信任,但裁判员法的相关规定却侵犯了国民所享有的言论自由,同时也有违该制度变革的初衷,需要进行重新检讨与制度重构。     

Djibouti and Beyond: Japan’s First Post-War Overseas Base and the Recalibration of Risk in Securing Enhanced Military Capabilities

Having passed successive legislation in the past two decades to expand its use of the Japan Self Defense Force (JSDF), Japan has emerged from its post-war ‘pacifist’ shackles to assume a range of security roles that are typically associated with so-called ‘normal nations’. This article addresses how these have been crystallized in the form of an indefinitely-termed overseas base on the Horn of Africa, in Djibouti. Careful examination of pertaining Diet minutes, media discourse and government ministry papers suggests that the risks identified with this facility’s realization and status have been fundamentally recalibrated, allowing its presence and operational diversification to go largely unnoticed and unopposed – both domestically and overseas – despite representing a seemingly radical departure from common sense interpretations of Japan’s antimilitarist constitution.     

At the Edges and on the Margins: Hearing the Voices of Young People in South Pacific Island Countries

Abstract

‘Youth’ are frequently referred to under the mantra of inclusivity in any aid-funded project, development initiative or government–donor initiative in the Pacific region. Indeed, ‘youth’ ranks alongside ‘women/gender’ as a catch term for communicating diversity compliance. But how are ‘youth’ framed and who speaks for this group of people who are not yet adults or are only just adults in law, and yet are beyond the voiceless or barely articulate stage of childhood? This question may be particularly pertinent in cultures such as those found in the Pacific, where the right to speak out is traditionally not afforded to those on the edge of adulthood, and where ‘youth’ for the purposes of inclusive dialogue frequently means people over the age of 20. Although they may seem isolated, the Pacific islands are linked to global, regional and national movements to give young people more voice, to recognise the valuable contributions they can make and to ensure that they are participants in determining their own futures.     

Democratisation and control: fast track and local government reforms in Zimbabwe

Fast track land reform in most instances has been treated as a process only entailing the redistribution of formerly white-owned land to blacks. However, there are other deeper changes that have not yet been coherently analysed, such as the nature of local power relations and the local government system; especially the manner in which it balances the interests of traditional authority and elected authorities. The local government system in fast track areas is in a state of flux. On the one hand, there is potential for a more inclusive and participatory model of local government, and on the other hand, however, official processes through legal enactments suggest that policy craftsmen are still intent on continuing with policies that promote the establishment of two competing sites of power. This paper explores the manner in which rural local government has been treated in the literature, and how it is being re-established in the aftermath of the ‘jambanja’, a period in which the ‘rule of law’ was literally suspended. Rather than depending only on official processes, the field evidence that analyses the actual practice of local government is also utilised. The paper contributes towards a more coherent understanding of the links between the colonial state's control imperative and the post-colonial's ambition to exert similar control, albeit under different political conditions.     

Britain and the abdication of Reza Shah

On the eve of the Anglo-Soviet invasion of Iran in the Second World War, Sir Reader Bullard, the British minister in Tehran, urged on his government the desirability of removing the Iranian ruler, Reza Shah, from office. Association with the ‘universally detested’ shah, whom he described as a ‘greedy ignorant savage’, was detrimental to Britain's interests and its war effort. In the weeks that followed the Anglo-Soviet occupation of Iran, Bullard continued to press for and to shape the ultimate British decision to force Reza Shah to abdicate and go into exile. Yet, this was not always Bullard's view of Britain's relationship with the Iranian ruler. When he presented his credentials 20 months earlier, Bullard described it as his ‘urgent duty’ to win Reza Shah's favour. Nor did Bullard's insistence that Britain depose the Shah initially find favour with the Foreign Secretary, Anthony Eden, his Middle East staff at the Foreign Office, or with Churchill. This article traces the evolution of Bullard's own view of Reza Shah and the developments that led the Foreign Office, initially eager to win Reza Shah's favour and even ready to offer Reza Shah a ‘substantial bribe’ for his cooperation, to take steps to topple Reza Shah from the throne.