Oversight of Administrative Rulemaking: Judicial Review

The role of the courts in the review of administrative rulemaking raises profound questions as to the legitimate interference of courts in the exercise of administrative activities, which are often carried out in the pursuance of a legislative mandate. In contrast to the review of administrative acts of individual application, the Union courts have shown a more hesitant approach in the review of administrative rulemaking activities. This contribution will discuss the review by the Union courts of administrative rulemaking for compliance with procedural as well as substantive standards and will explore whether a convincing rationale for their more deferential attitude to the review of administrative rules can be provided. The article will explore to what extent lessons can be learned from the jurisprudence of the federal courts in the USA, which have struggled, even after the adoption of the Administrative Procedure Act (APA), with similar problems.     

Preventing Corruption Risk in Legislation: Evidence from Russia,Moldova, and Kazakhstan

ABSTRACT

Corruption risk assessment of draft laws and other normative acts is a relatively new instrument in the anti-corruption strategies implemented by developed nations, countries in transition, and the developing world. In connection with this, any practical experience accumulated in this area presents obvious interest. The analysis of such experience may allow to identify what works and what does not work in introducing the practices of anti-corruption screening of draft laws and other normative acts in various environments and settings, as well as contribute to dissemination of best practices in the countries of the region and elsewhere.

This article seeks to analyze and demonstrate the extent of practical implementation of corruption risk assessment of draft and enacted legislation in three post-communist countries, the problems encountered and solutions identified. Proceeding from this analysis, certain recommendations for practitioners in this field are formulated.     

The political economy of labor market deregulation during IMF interventions

This study examines the relationship between policy interventions by the International Monetary Fund (IMF) and de jure labor rights. Combining two novel data sets with unprecedented country-year coverage – leximetric data on labor laws and disaggregated data on IMF conditionality – our analysis of up to 70 developing countries from 1980 to 2014 demonstrates that IMF-mandated labor market policy measures significantly reduce both individual and collective labor rights. Once we control for the effect of labor market policy measures, however, we find that collective labor rights increase in the wake of IMF programs. We argue that this result is explained by the impact of union pressure on governments which, in such a context, are imbued with the policy space to respond to domestic interest groups. The study has broader theoretical implications as to when international organizations are effective in constraining governments’ choices.     

What autocracies say (and what citizens hear): proposing four mechanisms of autocratic legitimation

ABSTRACT

Autocratic governments make claims about why they are entitled to rule. Some autocracies are more talkative than others, but all regimes say something about why they deserve power. This article takes seriously these efforts by introducing and interrogating the concept of autocratic legitimation. After engaging in a definitional discussion, it traces the development of autocratic legitimation in modern political science by identifying major turning points, key concepts, and patterns of inquiry over time. Ultimately, this introductory article aims to not only argue that studying autocratic legitimation is important, but also to propose contexts, concepts, and distinctions for doing so productively. To this end, the article proposes four mechanisms of autocratic legitimation that can facilitate comparative analysis: indoctrination, passivity, performance, and democratic-procedural. Finally, the essay briefly introduces the five original articles that comprise the remainder of this special issue on autocratic legitimation. The article identifies avenues for further research and identifies how each article in the issue advances down productive pathways of inquiry.     

Proper Names in the Legal Terminology of the English Language

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The article deals with the problem of coining terms and nomenclature signs with proper names...     

Negotiating a New Social Contract for Work: An Online,Distributed Approach

A massive open online course (MOOC) entitled “Shaping the Future of Work” (offered through MITx, the Massachusetts Institute of Technology's online learning division) has been the context for a multiparty simulation designed to produce classroom negotiation results that will have social impacts. After running the course in the MOOC context three times and in face‐to‐face settings eight times, we noticed that key themes emerged. Participants have brought their own workforce perspectives to their simulation roles as employers, worker representatives, elected officials, and educators. They have called for reciprocal agreements centered on fair treatment and representation in the workplace, improved organizational performance, investments in skills and capabilities, aligned rewards and benefits for workers, and work–life balance in communities. We continue to use the simulation in the classroom and are exploring ways to expand its use. In the meantime, in this article, we discuss how the insights gleaned from this simulation could be used to crystallize and advance a new social contract at a time when the public policies, institutions, and organizational practices governing employment relations have not kept up with the dramatic changes taking place in the workforce, nature of work, and overall economy.     

Modern poetry,popular song and their dangerous liaisons

Abstract

In this article, Tsuboi Hideto examines the mutually entwined pursuits of modern poetry and music in interwar Japan, focusing especially on the work of Nakahara Chūya, Kitahara Hakushū, and the People's Poetry group. Cutting across their respective distinctions within the poetry establishment, Tsuboi draws attention to these figures’ shared investment in symphonic, folk and popular music. In so doing, he identifies among them a prevailing concern for curating a poetic voice that might harmonize the conflictual registers of individual and collective expression and thereby attune the work of the poet to that of the ‘people’ more broadly. Meanwhile, the essay traces the currents of modernist and avant-garde thought in Japan and Europe that framed these poets’ engagements with music and sound. Tsuboi then illustrates the varying degrees to which these voices, forged within the cosmopolitan milieu of the Taisho period, bent toward the nationalizing project and later gave way to the chorus of wartime fascism and imperial expansion.     

Queer Coalitions: An Examination of Political Resistance to the Russian Migration Law

Abstract

Migration policy in Russia is implemented by a variety of actors, such as state officials, market actors, and social activists. In the implementation of migration policy, they inevitably interact with one another. Having examined the categories used by the people involved in the implementation of migration policy, I explore the potential of coalition-building in this process. In order to scrutinise these fluid political forms, I make use of the concept of ‘queer coalitions’. This concept draws on literature in queer theory, which I argue is also productive for the analysis of current political actions in the migration domain.