Indigenous Australians and the rules of the social security system: Universalism, appropriateness and justice

Noel Pearson has recently argued that inclusion, over the last 30 years, in a 'passive' welfare system has been to the detriment of Aboriginal society. This article approaches the inclusion of Aboriginal people in the social security system from a slightly different perspective, while taking seriously Pearson's concerns. It argues that, despite norms and aspirations of universalism, rules within the social security system are social constructs derived from and intended for the particular social and economic circumstances of the dominant society. When those rules are applied to the very different social and economic circumstances of minority groups, such as Indigenous Australians, major issues of adaptation and interpretation arise. This article draws on research experience spanning 20 years on relations between Indigenous Australians and the social security system to illustrate the degree to which adaptation has occurred, in the pursuit of realism. However, it also argues that current relations between the social security system and Indigenous Australians are not just and fair because the rules of the system do not equally reflect Indigenous and non-Indigenous peoples' social and economic circumstances.     

The use of EU soft law by national courts and bureaucrats: how relation to hard law and policy maturity matter

Abstract

Soft law instruments account for a sizable share of EU legal acts, with growing importance over time. Yet, while the implementation of hard EU law has been widely studied, little is known about the use of EU soft law at the national level. In the article, it is firstly argued that the type of soft law instrument will affect national usage. Administrators and judges may welcome interpretative guidelines to complicated pieces of legislation, while more open-ended instruments may be ignored. It is further argued that the maturity of the policy field matters. National actors in mature policy fields will be routinely exposed to EU rules and they are socialized into responding to impulses from Brussels. The article probes the plausibility of these expectations in case studies on the use of EU soft law instruments by German administrations and courts in four policy fields: financial market regulation, competition, environmental protection and social policy.     

Providing information and building capacity: interest group involvement in the application of EU law

Practical implementation has attracted significant scholarly attention in the European Union in the last decade, and the EU compliance literature started to focus more on the players in the domestic arena to help understand the application of EU law. However, a systematic analysis on interest group activities at the application stage is yet to be conducted. Relying on enforcement and management approaches, this article argues that interest groups act as providers of legal and technical information that are needed for correct application of EU law. Also, interest groups actively demand information from political actors to build internal capacity during this period. The results show that interest groups act as providers of information, but only in the national political arena. Moreover, motivation to learn is another factor that explains the level of access seeking during application, and this type of interaction takes place in both European and national venues.     

Architectures of intergenerational justice: Human dignity,international law,and duties to future generations

This article draws attention to the constitutive requirements of intergenerational justice and exposes the limitations of regulative arguments based on international human rights law. Intergenerational justice demands constraining the regulative freedom of the international community, and it is tempting to assume that adequate constraints are already contained within existing treaties including international human rights treaties. In fact, intergenerational justice demands bespoke constitutional norms at the international level, and it demands entrenching constitutional norms. International human rights law per se implies neither of these constitutive propositions and both are problematic in light of the present structure of international law. Nevertheless, a combination of arguments concerning intergenerational justice and the systemic implications of human dignity yield a more constitutive account of human rights and therefore an internal critique of the overall architecture of international law.     

From the rule of law to the rule of rules: technocracy and the crisis of EU governance

This article focuses on two trends emerging through the eurozone crisis, both of which diminish the quality of democracy in the EU and its member states. Firstly, the crisis has led to an increased reliance on non-majoritarian institutions, such as the ECB, at the expense of democratic accountability. Secondly, the crisis has led to a new emphasis on coercive enforcement at the expense of the voluntary cooperation that previously characterised (and sustained) the EU as a community of law. Thus, the ECB’s (over-)empowerment is a synecdoche of a wider problem: The EU’s tendency to resort to technocratic governance in the face of challenges that require political contestation. In the absence of opportunities for democratic contestation, EU emergency governance – Integration through Crisis – oscillates between moments of heightened politicisation, in which ad hoc decisions are justified as necessary, and the (sometimes coercive) appeal to the depoliticised rule of rules.     

Economic justice and economic power: An inquiry into distributive justice and political stability

We characterize and study the relationship between income redistributions that are just and stable. We assume that for a given economy there exists a set of possible income redistributions, the constitution of the economy. The choice of redistribution is in the hands of the agents, who decide by majority vote. A stable redistribution is one that majority vote cannot alter when each agent tries to maximize his income. A just redistribution is defined thus: in the set of all possible redistributions it is the one that leads to an income distribution which, when viewed as a lottery, optimizes the expected von Neumann-Morgenstern utility function of the agents of the economy. We assume that all agents have the same utility function, that is, the same attitude toward risk. We postulate a trade-off between efficiency and egalitarianism and derive and analyze conditions for just and stable redistributions. We look for the characteristics of initial income distributions that make just and stable redistributions identical. In an example we show how a certain tax schedule on productive work implies certain income redistributions. This work was completed when I, as a research fellow of the Alexander von Humboldt Foundation, was a guest of the Fakultät für Volkswirtschaftslehre und Statistik, Universität Mannheim. I would like to thank the Alexander von Humboldt Foundation, the Fakultät, and the Sonderforschungsbereich 5, Universität Mannheim, for their support.     

Beyond Kriesiland: EU integration as a super issue after the Eurocrisis

Where some researchers have seen only a limited impact of Europeanisation on national party politics, others have added a separate European Union dimension to the pre‐existing economic left‐right dimension to model the national political space. This article examines the effects of the European crisis on the national political space across the EU utilising data from the 2014 European Election Survey. It analyses the effect of a country's economic development on the coherence between attitudes towards the EU and economic issues using multilevel regression. Strong evidence is found that in the Southern European debtor states economic and European issues are merging as a result of strong European interference in their economic policy. In the Northern European creditor states a second relevant dimension focuses on cultural issues. These results offer the next step in theorising Europeanisation.     

Stockholm Syndrome: Radical Islam and the European Response

This paper argues that too restrictive an understanding has governed both academic and popular analysis of the social, cultural, and political conflicts between the Western European majorities and their Islamic minorities. These conflicts are typically viewed through the prisms of majority racism and/or minority economic disadvantage. While such social facts are undoubtedly important, I argue that the ideology of radical Islamism must be taken seriously in any analysis of the problem. Thus, I do two things in this essay. I outline the elements in twentieth-century radical Islamic writings that relate to the relationship between (broadly understood) Islamic and Western civilization; I also offer an overview of the now long-lived situation of culture war in Western Europe that supports my argument that Islamic cultural pathology, more than European racism, is the chief causal factor. This is intended as a warning that “clash of civilization” and “Islamo-fascism” models, usually disparaged in the academy, must be taken quite seriously.     

After Lisbon: National Parliaments in the European Union

The role of national parliaments in EU matters has become an important subject in the debate over the democratic legitimacy of European Union decision-making. Strengthening parliamentary scrutiny and participation rights at both the domestic and the European level is often seen as an effective measure to address the perceived ‘democratic deficit’ of the EU – the reason for affording them a prominent place in the newly introduced ‘Provisions on Democratic Principles’ of the Union (in particular Article 12 TEU). Whether this aim can be met, however, depends crucially on the degree and the manner in which national parliaments actually make use of their institutional rights. This volume therefore aims at providing a comprehensive overview of the activities of national parliaments in the post-Lisbon era. This includes the ‘classic’ scrutiny of EU legislation, but also parliamentary involvement in EU foreign policy, the use of new parliamentary participation rights of the Lisbon Treaty (Early Warning System), their role regarding the EU’s response to the eurozone crisis and the, so far under-researched, role of parliamentary administrators in scrutiny processes. This introduction provides the guiding theoretical framework for the contributions. Based on neo-institutionalist approaches, it discusses institutional capacities and political motivation as the two key explanatory factors in the analysis of parliamentary involvement in EU affairs.     

Civic implications of restorative justice theory: Citizen participation and criminal justice policy

Restorative justice, a normative theory and reform movement emphasizing dialogue and reconciliation between victim, offender, and community, is a widespread, if experimental, part of the practice of criminal justice in the United States. This essay argues that restorative justice draws connections between civic engagement and punishment practices that distinguish it as a normative theory of criminal justice. Advocates of restorative justice expect the growth of non-punitive attitudes and the weakening of support for incarceration to emerge from a public and lay-oriented context of adjudication. The role of lay participation in achieving social change, although prominent in restorative justice critiques of mainstream criminal justice norms and practices, has not been clearly articulated in practical terms. Significant ambiguities remain regarding the degree of lay participation, scope of authority, and the focus of restorative justice forums. The essay argues that an adequate assessment of restorative justice experiments should include an analysis of their impact on public attitudes towards crime and crime control policy and not simply on their impact on the specific victims and offenders involved. The link between less incarceration and restorative justice forums is public willingness to grant them the authority to hear and sanction offenses that would ordinarily receive incarceration. Whether and how they can influence broader public attitudes, then, is a critical test of restorative justice effectiveness.     

Emigrant external voting in Central-Eastern Europe after EU enlargement

The European Union's Eastern Enlargement of 2004–2007 triggered a large wave of migration. While the influence of Central-Eastern European (CEE) migrants on Western European politics has been studied, the impact of outward migration and political remittances “sent” by expatriates remain unexplored, despite the salience of democratic backsliding and populist politics in the region. We ask how external voting among migrants differs from electoral results in homelands over time, drawing on an original dataset gathering voting results among migrants from six CEE countries in fifteen Western European host countries. Using models estimated with Bayesian ordinary least squares regression, we test three hypotheses: two related to the disparity of diaspora votes from homeland party systems over time; and one to the ideological leanings of diasporas. We observe a growing discrepancy and note that diaspora votes follow the ideological fluctuations in the country of origin but distort it, with CEE migrants voting for more liberal and more economically right-wing parties than voters ‘at home’.     

China's security agenda after the cold war

The end of the cold war has changed China's basic perception of world politics and its conception of national security. In the cold war era, Chinese leaders tended to view national security from the perspective of global balance of power and China's strategic relations with the two superpowers. It was in Beijing's security interests to maintain a comfortable position in a strategic triangular relationship with the Soviet Union and the United States. When the Soviet Empire and the East European communist regimes collapsed, the structure of the postwar international system dissolved, and the old parameters for Beijing's security strategy disappeared. The Chinese leadership suddenly found itself in a totally new world in which China needed to reorient and redefine its security strategy on a new strategic axis.

Beijing's security strategy after the cold war is redefined by its domestic priorities, growing foreign economic relations, the new security environment in Asia, and concerns over territorial disputes. In a sense, the myopic conception of security based on war and peace is fading away. Beijing's thinking on national security becomes more inclusive, diverse, and complicated. The nature and intensity of external threats has changed. China's growing economic ties with the outside world have redirected Beijing's attention to economic interests and security. The Chinese leadership realizes that its security is affected not only by the military forces of other countries, but also by political, economic, societal, and environmental factors in international relations Beijing needs to employ both traditional military defence and non‐military actions to safeguard its territorial integrity and to realize its full capacity in world affairs.

The purpose of this paper is to analyse China's security agendas after the cold war. It first examines the impact of the end of the cold war on China's thinking on national security, then discusses Beijing's threat perception and changing defence strategy. This is followed by an examination of domestic stability considerations and economic interests in Beijing's security strategy. Finally, it discusses the implications of China's growing power for regional security.     

Mandated justice: The potential promise and possible pitfalls of mandating procedural justice in the workplace

This study addresses the question of whether and how legal authorities ought to intervene in work organizations in order to most effectively regulate the behavior of employees. This question is examined empirically, by exploring whether the association between the level of fairness employees experience in procedures regarding pay and benefits, and their adherence to workplace rules, differs depending upon whether those procedures are enacted by companies voluntarily or mandated by law. This question was addressed using both a survey of a representative sample of employees in Israel, as well as their reactions to an experimental vignette. The results generally suggest that evaluations of the procedural justice of performance appraisal hearings more strongly influenced judgments of overall workplace fairness, perceptions of management legitimacy, and employee rule‐adherence behavior when employees believed fairer workplace procedures were required by law.     

Reforming me softly – how soft law has changed EU return policy since the migration crisis

Abstract

In the wake of the 2015/2016 migration crisis, EU policy-makers have urged returning more irregular migrants. In order to achieve this, the EU has adopted a series of non-binding documents for European administrations (such as the EU Return Handbook) and agreed on informal return deals with countries of migrants’ origin including Afghanistan. This article argues that the EU’s shift towards soft law has not altered the EU’s return policy in a profound way. Yet, it has managed to ‘convert’ EU return policy by emphasizing a particular interpretation of existing hard law (towards more restrictive practices and a stronger focus on ‘efficiency’). The soft law approach has also allowed policy-makers to signal action in times of crisis at lower legislative and sovereignty costs.     

Managing dissonance: Bureaucratic justice and public procurement

This article puts forward an analytical framework for understanding administrative justice. It does so by reading a leading approach, Jerry Mashaw's administrative justice models, in conjunction with the pragmatic sociology of Luc Boltanski and Laurent Thévenot, and their orders of worth framework. This provides an enhanced framework, which, while remaining consistent with Mashaw, offers additional insights and is particularly suitable for analyzing decisionmaking environments in the modern contracting state. The article illustrates the workings of the new framework by looking at a controversy under UK and EU law concerning the inclusion of labor objectives in public procurement. The discussion reveals a decisionmaking environment characterized by system dissonance. Actors must navigate different sets of tensions and tradeoffs between competing normative and ethical visions for procurement decisionmaking.