美国刑事赔偿制度论要

因“主权豁免”原则的影响和基于财政负担等方面的考虑,美国联邦和各州的刑事赔偿立法与实践相对保守落后。在立法上刑事赔偿范围狭窄;获得刑事赔偿的法定条件非常严格;赔偿请求人须承担严格的证明责任;受害人可获得的赔偿金数额受到很多限制。在实践中,受害人获得刑事赔偿要经历一个非常漫长的过程。目前,美国刑事赔偿立法已经引起了许多州的重视,但刑事赔偿立法的完善仍有一段漫长的路要走。     

‘Rivers of Blood’ and Britain's Far Right

This article examines the impact of Enoch Powell's speech on Britain's numerous right‐wing fringe groups and their response—in particular, that of the National Front, who benefitted the most from Powell's intervention on race and for a brief moment became Britain's fourth political party. It begins by looking at the growth of post‐World War II British fascism and how its emphasis switched from anti‐Semitism to anti‐colonial immigration. Throughout the piece, the relationship between Britain's far right and the Conservative party is examined to show how Powell inadvertently blurred the lines between the two. The article concludes with the 1979 general election victory of Margaret Thatcher who, by adopting Powellite themes but in more measured tones, destroyed the National Front's dream of an electoral breakthrough.     

‘Get Brexit Done’: The New Political Divides of England and Wales at the 2019 Election

This article analyses the successful Conservative election campaign of 2019 and how it took advantage of a fractured political and economic landscape. It reviews the unique circumstances around the 2019 election and the ‘surprising death’ of a no-deal Brexit. We then analyse the divergent political communication strategies in the 2017 and 2019 Conservative campaigns showing how the latter was much more coherent and politically unorthodox. Drawing on socioeconomic, demographic and British Election Study data, we argue that Boris Johnson’s messaging was carefully tailored towards the demands of voters in the ‘red wall’ seats. Conservative success was built around an appeal to voters in these economically depressed ‘geographies of discontent’. But while tremendously successful, the coalition this created is potentially fragile. An unconventional, ‘leftish’ Conservative campaign built a new, diverse bloc of voters. It includes a number of left-wingers expecting change alongside traditional Conservative supporters, and will be hard to keep together given the economic turbulence ahead.     

‘Friend or Foe?’: Brexit and French Bashing in the Conservative Parliamentary Party (2016–2022)

This article explores the extent of anti-French rhetoric in Conservative parliamentary discourse since 2016. It argues that up to the end of Liz Truss's extremely brief period of power, a fair number of Conservative MPs embarked on an escalation of tabloid-like anti-French bashing after the election of Boris Johnson, in an attempt to mimic the dramaturgy staged by their leader, while those who tried to provide a more positive discourse were left crying in the wilderness. Moreover, positive attempts to renew the relationship essentially came from MPs who had specific interests to defend, either in terms of representation of French residents in their constituencies or out of loyalty to family connections. Post-Johnson, a more realistic and sensible discourse is anticipated, but damaging traces of this populist drift are likely to continue.     

Weak and Ineffective? Reassessing the Party Political Leadership of John Major

Interpretations on the party political leadership of John Major are dominated by perceptions of weakness and ineffectiveness. This article examines his party political leadership by considering the relationship between, first, his political ambitions, and, second, his style of political leadership. When evaluating the political ambitions of Major, the article will demonstrate that he was ideologically agnostic and a political pragmatist. When examining his party political leadership style, the article will demonstrate, via an examination of his management of the European policy divide and his Cabinet management, that he was politically indecisive and an avoider of political confrontation. The article concludes, however, that perceptions of his weakness and ineffectiveness should be contextualised due to the following two factors: first, the constraints of inheriting an ideologically divided parliamentary Conservative party; and, second, the contrasting circumstances that ensured that his predecessor and successor appeared strong and effective, which have magnified perceptions of his weakness and ineffectiveness.     

Transcending Thatcherism? Ideology and the Conservative Party Leadership Mandate of David Cameron

This paper examines the voting motivations of Conservative parliamentarians in the final parliamentary ballot of the Conservative Party leadership election of 2005. By constructing a data set of the voting behaviour of Conservative parliamentarians in the final parliamentary party ballot, and by determining the ideological disposition of the 2005 PCP this paper examines the ideological disposition of the candidates' vis-à-vis their electorate. The paper identifies the increasing Thatcherite nature of the PCP across three dominant ideological divides of contemporary British Conservatism-economic, European, and social, sexual and moral policy. Through such an analysis the paper demonstrates how the modernising David Cameron, who came first in the final parliamentary ballot and then won the membership ballot, transcended the traditional ideological voting motivations of candidates' vis-à-vis their electorate. Most significantly, the paper demonstrates that the European ideological policy divide was not a factor in the succession contest, unlike the succession contests of 1990, 1997 and 2001.     

Vote Blue,Go Green? Cameron's Conservatives and the Environment

How genuine is the Conservative party's rediscovery of the environment? Would a Conservative government led by David Cameron implement a wide‐ranging and progressive environmental policy? This article explores why Cameron has embraced the environment so enthusiastically when Conservative governments have had a poor record of environmental protection and the Conservative party has traditionally shown little interest in the issue. It assesses the impact of Cameron's strategy both on his own party and on the wider world of environmental politics and it evaluates the continuing commitment of the Conservatives to the issue by assessing what kind of policies a future Conservative government might implement. Although Cameron remains committed to the issue and he has already had a positive impact on Labour government policy, he has not yet convinced his party or its supporters, so a future Conservative government would probably represent continuity rather than significant change in environmental policy.     

The Conservatives' Grassroots 'Revival'

Healthy party grassroots constituency organisations play an important part in modern electoral campaigning, especially in marginal seats, and political parties try to concentrate their efforts on those closely contested constituencies. Recent evidence on party fund-raising at a local level shows that the Conservatives have taken considerable strides in supporting their campaign organisations in marginals, and have done so in a way which enhances their long-term campaigning potential there. The party's grassroots organisations are increasingly well-resourced, especially in the seats the Conservatives need to win back if they are to win the next General Election. However, while fund-raising suggests a healthy grassroots where it is needed, party membership data highlights continued problems for the party.     

Far from Home: Conservative Leadership Selection from Heath to Cameron

The Conservative Party is the oldest of the 'mainstream' British parties, but has only elected its leader since 1965. In this article, I explain the variety of methods used by the Party to select its leader and assess the impact of 'democratisation' over time. I begin by examining the informal 'system', known as the 'magic circle', which existed until 1965, and explain how and why it came to be abandoned. I then discuss the six elections between 1965 and 1997, when the Tory leader was chosen exclusively by the Party's MPs. Finally, I assess the impact of the 'Hague rules', according to which Party members have the final say, between their adoption in 1998 and the election of David Cameron in 2005.     

Change—and Scepticism—as a Constant: Anthony King on Parties and Party Systems

Tony King had a healthy disrespect for conventional wisdom but a deep appreciation for common sense. Drawing on an eclectic mix of sources, both qualitative and quantitative, he wore his learning lightly, the better to highlight and explain to academic and non‐academic audiences how shifts in society and public opinion drove change inside parties and in the party systems in which they operated. King asked great questions and provided answers that simultaneously captured complexity and the big picture. His provocative interpretations and analysis were always stimulating—and many of them proved highly prescient.