Implementing eGovernment without promoting dependence: open source software in developing countries in Southeast Asia

Given that eGovernment is likely to become part of development strategies, the most desirable form of eGovernment is that which promotes the domestic generation of intellectual property or, at least, contributes least to the international intellectual property (IP) imbalance. One way to achieve these ends is to implement eGovernment using free or open source software (FOSS). This will reduce dependence on software owned by major companies in developed countries. It could also promote an IP generating capacity in developing countries. An examination of the status of free or open source software in developing countries in Southeast Asia reveals that governments in these countries are aware of FOSS and wish to foster its use (but face considerable pressure to use proprietary software). This examination also reveals the presence of small but active groups seeking to develop and promote the use of free or open source software. This article is comprised of a discussion of FOSS (including that suitable for eGovernment), an explanation of the importance of FOSS for developing countries, a justification of government's centrality to the introduction of FOSS and a consideration of policies and initiatives undertaken by governments in developing countries in Southeast Asia. Copyright © 2006 John Wiley & Sons, Ltd.     

Terror in Japan

Observers of early twenty-first-century Japan commonly note economic, political, and social crisis, on the one hand, and pessimism, lethargy, or helplessness about the possibility of reform, on the other. Yet Japan's civil society was idealistic and energetic in the early postwar decades. What happened? The reform movement that captured much of the vitality of the early postwar decades was either foreclosed, as many were co-opted in the “all-for-growth” economism, consumerism, and the corporation, or crushed in successive waves of repression of dissidence as the cold war order took shape. Political parties sacrificed broad vision and ideals to narrow-interest articulation. While the mass base of the reform movement was discouraged, demoralized, and depoliticized, one minority in the late 1960s turned to violent revolution and another in the late 1980s turned inward to seek spiritual satisfaction. Both paths led to violence. This article looks at the course of the student movement between the late 1940s and the late 1970s, with particular reference to the Japan Red Army, and at the new religious movement Aum Supreme Truth in the 1980s and 1990s. Both adopted “terrorist” tactics, by almost any understanding of that term. However, they were children of their times, reflecting the same deep social, political, and moral problems that Japan as a whole continues to face in the early twenty-first century.     

Horizontal Effect and the Constitutional Constraint

This article offers a new interpretation – the ‘constitutional constraint’ model – of the duty the Human Rights Act imposes on the courts to give horizontal effect to European Convention rights through the common law. The model requires courts to develop the common law compatibly with the Convention, but only where compatibility can be achieved by incremental development. We argue that models requiring more than incremental development are unsustainable; that deep constitutional norms compel the constraint of incrementalism, which is preserved under the HRA; and that by virtue of section 2 of the HRA, Convention rights function as principles rather than hard‐edged rights in this context. This further undermines the idea that the courts must strictly apply Convention rights and cannot allow them to be overridden by non‐Convention factors. The final section explores the nature of incrementalism in this context and the impact of the model on the doctrine of judicial precedent.