论单一制中国的财政联邦制——以中央与地方财政关系为视角

单一制与联邦制只不过是国家纵向权力配置模式的类型化。任何国家都存在集权或分权两种力的作用,中国便是一个带有联邦制因素的单一制国家。中国财政联邦制的发展与单一制国家结构框架内的体制多有抵牾,但中国财政联邦制的变革并不意味着宪政联邦制的确立。     

The Emergence of Penal Extremism in California: A Dynamic View of Institutional Structures and Political Processes

This article examines legal and political developments in California in the 1970s and early 1980s that led to extreme changes in the state's use of imprisonment. It uses historical research methods to illustrate how institutional and political processes interacted in dynamic ways that continuously unsettled and reshaped the crime policy field. It examines crime policy developments before and after the passage of the state's determinate sentencing law to highlight the law's long‐term political implications and to illustrate how it benefited interest groups pushing for harsher punishment. It emphasizes the role executives played in shaping these changes, and how the law's significance was as much political as legal because it transformed the institutional logics that structured criminal lawmaking. These changes, long sought by the law enforcement lobby, facilitated crime's politicization and ushered in a new era of frenetic and punitive changes in criminal law and punishment. This new context benefited politicians who supported extreme responses to crime and exposed the crime policy process to heightened degrees of popular scrutiny. The result was a political obsession with crime that eschewed moderation and prioritized prison expansion above all else.     

On State, Identity and Rights: Putting Identity First

The paper considers the nature of the state understood as the political unity articulated on the basis of a collective identity which provides the state with its capacity to make decisions. The foremost decision of the state to protect and defend this identity is the source of its authority to enforce laws. Collective identity thus represents an object of special interest, unlike both ??political?? interests (Millian other-regarding acts) and private interests (Millian self-regarding acts). The validation of laws through this special interest is a necessary condition for both of these latter kinds of interests to materialize. Hence, unlike the Millian thesis of two different kinds of interests (self- and other-regarding), here we take that there are three types or spheres of interests. Any conception of rights, then, will cover a subset of interests found in the domains of all of those three types of interests: in the domain of political interest the issue concerns selection among competing sets of legitimate interests, within the domain of private interests the point is to discern those that will be protected by law, while the third type of interests, the object of which is a unique collective identity and its defining specificity, represents an overarching interest that is embedded in any legitimate collective concern. In this scheme, well-suited for democratic theory, the majority/minority discourse is a matter of distinguishing which particular set of legitimate interests is chosen to be dominant (e.g., which political party is in power) and which ones are waiting for the opportunity to achieve their transformation from minority (opposition) to majority (i. e. government). If, however, there is no well-defined collective identity, minorities acquire a new meaning. Rather than being possible future majorities, they form a nucleus of competing collective identities with, sometimes hopeless but still alive, aspirations to sovereignty. Thus they become sources of likely conflicts that may go well beyond political controversies.     

The Impact of Federalism on National Party Cohesion in Brazil

This article explores the impact of federalism on national party cohesion. Although credited with increasing economic growth and managing conflict in countries with diverse electorates, federal forms of government have also been blamed for weak party systems because national coalitions may be divided by interstate conflicts. This latter notion has been widely asserted, but there is virtually no empirical evidence of the relationship or even an effort to isolate and identify the specific features of federal systems that might weaken parties. In this article, I build and test a model of federal effects in national legislatures. I apply my framework to Brazil, whose weak party system is attributed, in part, to that country's federal form of government. I find that federalism does significantly reduce party cohesion and that this effect can be tied to multiple state‐level interests but that state‐level actors' impact on national party cohesion is surprisingly small.     

政治化角度与中国20世纪30年代文学论争

30年代是中国20世纪学发展中的重要转折时期，在其后相当长的历史时期内的学论争，学讨论乃至学批评中，都能发现30年代学论争中所形成的一系列特点的遗存，因此，本的探讨对加深理解30年代乃至整个20世纪学的发展均有着重要的意义。章分别从学论争的起因，论争中各方所关注的重心、论争各方的心态，对话的基本方式以及看问题的角度等等方面，论述了中国20世纪30年代一系列重要学论争的最基本的也是最显的特征，并进而分析了这些特征得以形成的30年代特殊的政治化语境的根源。     

The People Against Themselves: Rethinking Popular Constitutionalism

Ackerman, Bruce. 2014 . The Civil Rights Revolution . Cambridge, MA: Belknap Press of Harvard University Press. Shugerman, Jed Handelsman. 2012 . The People's Courts: Pursuing Judicial Independence in America . Cambridge, MA: Harvard University Press. In the course of reviewing Jed Shugerman's The People's Courts: Pursuing Judicial Independence in America and Bruce Ackerman's The Civil Rights Revolution, we argue for a reassessment of the way that scholars think about popular constitutionalism. In particular, we urge scholars to resist the tendency to create a dichotomy between judicial interpretation of law and a set of nonjudicial venues in which popular constitutionalism supposedly takes place. Popular constitutionalism is temporally and contextually bound, reflected in different forms and forums at different times in US political history and always dependent on the interactions between these institutions. By implication, this suggest that judges, rather than serving as obstacles to popular understandings of law, can and have used various forms of democratic authorization to strike down legislation violating both state and federal constitutions, thus bridging judicial review and popular constitutionalism with explicit support from the citizenry.     

Equality and Constitutional Indeterminacy An Interpretative Perspective on the European Economic Constitution

It is claimed that European supranationalism represents an unprecedented mode of political association whose point is to maintain what is good about nationality and the nation state by stripping the latter of its adverse effects. In this article, this claim is submitted to a test by examining how different ways of conceiving of anti‐discrimination in the context of intra‐Community trading law give rise to two different conceptions of the European economic constitution. While the first one is married to the ideal of behavioural anti‐discrimination–that is, of affording protection against discriminatory acts by Member States–whose application would seemingly leave the nation state in its place, the other one takes a system of nation states as something that in and of itself engenders systematically discriminatory effects on international trade. According to the latter, effective anti‐discrimination presupposes overcoming such a system altogether. Both conceptions of the economic constitution are manifest in Community law, and at first glance it appears as if adherence to the first one would be consonant with supranationality as a special mode of political association. However, owing to internal predicaments arising from the application of the equality principle (understood as a principle protecting against discrimination), the difference between both conceptions cannot be upheld in practice. Since the first conception is constantly undermined by the second in the course of its application, it remains uncertain, at least in this context, whether or not the European nation state is left in place by the European Economic Constitution.     

Popular Constitutionalism's Hard When You're Not Very Popular: Why the ACLU Turned to Courts

Through a case study of the early American Civil Liberties Union (ACLU), this article examines the empirical ramifications of constitutional scholars' recent exhortations to "take the Constitution away from the courts" in order to promote democratic deliberation about constitutional meaning. While it is now one of the most prominent examples of a litigation-based interest group, the ACLU began its existence demonstrating a commitment to constitutionalism outside the courts. Through coding a decade's worth of meeting minutes and examining archival sources, I demonstrate that the ACLU's mounting unpopularity rendered extrajudicial politics impossible, precipitating the ACLU's shift toward litigation. The ACLU's move toward litigation, despite its early devotion to political activism outside the courts, suggests that it is not always possible for political actors to make constitutional arguments without courts. Furthermore, the ACLU's use of courts to publicize and dramatize its constitutional arguments demonstrates that litigation may actually promote popular deliberation about constitutional meaning. These political realities both highlight and contradict two empirical assumptions underlying arguments about the normative desirability of restricting courts' involvement in constitutional politics. First, the state is not a neutral arena in which all political actors are equally free to pursue their constitutional visions through majoritarian processes. Second, courts may facilitate (rather than hinder) popular deliberation about constitutional questions.     

Explaining the variations in legal mobilization of environmental nongovernmental organizations in authoritarian China: A fuzzy set qualitative comparative analysis

Despite the growing literature on legal mobilization under authoritarianism, the variations of legal mobilization in authoritarian regimes have been less studied. Drawing on a fuzzy set qualitative comparative analysis of 175 environmental public interest litigations from 2009 to 2019, as well as in-depth interviews with environmental nongovernmental organizations (NGOs) representatives, this is the first article to present how organizational, political, legal, and social forces (which are demonstrated by six conditions: capacity, political embeddedness, political endorsement, access, legal stock, and alliance) combine to explain the variations of NGOs' environmental legal mobilization through the use of strategic and nonstrategic litigation in authoritarian China. Although the state's policy to pluralize regulatory actors to improve environmental governance has set up a relatively friendly institutional backdrop for environmental legal mobilization, this study finds that political forces such as the relationship between NGOs and the state and the ambivalent attitudes towards environmental protection between central and local government have significantly influenced the behavioral patterns of NGOs' legal mobilization. Moreover, this study uncovers four types of legal mobilization of Chinese environmental NGOs: allied mobilization, progressive mobilization, steered mobilization, and symbolic mobilization. This study enriches the understanding of the behavioral patterns of nonstate actors in legal mobilization in authoritarian regimes and beyond.     

Democracy,social capital and school governing bodies in South Africa

Critics of school governing bodies (SGBs) – both on the left and on the right – tend to rely upon arguments that ignore significant portions of the act that created SGBs – the South African Schools Act (SASA) – the exact nature of the changes to SGBs wrought by amendments to the act and the manner in which the courts, in interpreting the act, have both reinforced the autonomy of SGBs at the same time as they have set limits on those powers. The authors’ reading takes seriously all of the provisions of SASA, its amendments and various court constructions of SASA's provisions. This close reading of the South African Constitution, SASA, SASA's amendments and the case law reveals the lineaments of a fourth level of democratic government. Even with their uneven success as a fourth tier of democratic government, SGBs reflect, in many respects, the most important interactions that citizens have with the state. The authors contend that SGBs provide a vehicle for popular political participation that is quite real, and that participation is made no less real by the strictures imposed upon them by South Africa's constitutional and regulatory order. Despite concerns about their lack of capacity, SGBs enjoy popular acceptance and participation across class and language divides. The legal status of SGBs does not merely enhance various forms of local democracy, SGBs also maintain and create effective social networks that generate new stores of social capital. The ability to provide new forms of democratic participation and to create new stores of social capital suggests that SGBs have the makings of a great, new and rather unique ‘South African’ political institution.     

European Citizenship: Towards a European Identity?

Questions of political identity and citizenship, raised by thecreation of the `new Europe', pose new questions that politicaltheorists need to consider. Reflection upon the circumstances ofthe new Europe could help them in their task of delineatingconceptual structures and investigating the character ofpolitical argument.

Does it make sense to use concepts as `citizenship' and`identity' beyond the borders of the nation-state? What does itmean when we speak about `European Citizenship' and `EuropeanIdentity'?

It is argued that the pluralism that has led theorists tooffer a conception of citizenship based upon principles of right,rather that the common good, applies even more strongly at thelevel of the European political order. Developing a contractariantheory of federation, an account of the basis of a Europeancitizenship will be offered in which federalism emerges out of anoverlapping consensus of European citizens on the terms of theirpolitical association.

`European Citizenship' and `European Identity' are discussedin the context of the so-called `European Union', and not in thewider context of Europe `as a whole', or for that matter on aneven broader `cosmopolitan' scale. However, the gist of the articleis that arguments for concepts of `citizenship' and `identity'that go beyond borders of nation-states and that are applied tothe `European Union', could have implications for an even widerapplication.

Finally, and in conclusion, the (empirical) context will beelaborated in which the normative concept of shared liberalcitizenship identity should be realized on a pan-national,European level.

     

States and the politics of incrementalism: health policy in Wisconsin during the 1990s

Wisconsin officials during the 1990s seemed poised to enact innovative and comprehensive health care reform. During that era, an ambitious, popular, and reform-minded governor led the state. The state had an unusually professional legislature. The state's economy was strong. Even with these advantages, however, the report card on the state's efforts is mixed. The state enacted a fairly modest set of reforms that were financed largely by the federal government and subject to extensive federal oversight. The Wisconsin story thus seems to be about the politics of incrementalism. But while critics of incrementalist politics point out that the number of uninsured continues to grow, the catalytic federalism witnessed in Wisconsin in the 1990s may well be the best model for implementing health care reform.     

State Policy and National Representation: Marijuana Politics in American Federalism

Members of Congress represent geographically demarcated districts embedded in subnational policy environments. Drawing on policy feedback literature and literature on congressional representation, I argue that, because of this institutional configuration, subnational policy adoption can affect national representation. More specifically, policy reforms in the states they represent can increase pressures members face from organized groups and individuals in their constituencies to promote aligned federal policies. Empirically, I examine the effects of state marijuana legalization. The inferential design leverages differences across the states in statewide citizen initiative institutions, which provides exogenous variation in legalization. Instrumental variables analysis indicates legalization influenced pro-marijuana bill sponsorship and roll calls in the 116th Congress. The evidence points to growing influence of industry in legalizing states—including the ability to mobilize employees and customers—as the key mechanism, thus underscoring the importance of a political economy perspective for studying interdependencies in American federalism.     

Legitimate Force in a Particularistic Democracy: Street Police and Outlaw Legislators in the Republic of China on Taiwan

This article explores a “particularistic” concept of legitimacy important to Taiwanese democracy. This form of legitimacy, I suggest, has been instrumental for Taiwan's successful democratic consolidation in the absence of the rule of law. As evidence, I combine ethnographic observation of neighborhood police work with historical consideration of a type of political figure emergent in the process of democratic reform, which I call the “outlaw legislator.” I focus my analysis on the institutional and ideological processes articulating local policing into the wider political field. The center of these processes is a mode of popular representation that positions the outlaw legislator as a crucial hinge articulating the particularistic local order with central state powers. By analyzing the cultural content of the dramaturgical work used to reconcile low policing with higher‐level state operations, this article shows how a particularistic idiom of legitimacy helps hold Taiwanese democracy together.     

Quarantined judicial expansion: The environmental legal entrepreneurship of Chinese courts,procuratorates, and NGOs

Although judicial empowerment has become increasingly common worldwide, the expansion of judicial powers in authoritarian countries faces persistent obstacles, such as institutional dependence, lack of political clout, and the repression of civil society. Through empirically examining three cases of environmental legal entrepreneurship under China's new public interest litigation (PIL) system, this study aims to reevaluate the patterns and limits of judicial expansion under authoritarianism. It finds that Chinese judges, prosecutors, and NGOs have been able to leverage the PIL system and their respective institutional advantages to substantially expand judicial oversight on eco-environmental protection. However, the state has established boundaries for such legal entrepreneurship in terms of subject matter, institutional autonomy, and geographic reach, effectively confining them within political spheres considered unthreatening to the regime. Such quarantined judicial expansion shields relevant actors from authoritarian governments' tendency to suppress legal mobilization and thus may be a more viable form of judicial expansion in nondemocratic settings.     

Anatomy of Judicial Backlash: Southern Leaders,Massive Resistance,and the Supreme Court, 1954–1958

Exploiting a range of archival materials, we argue that state‐level variation in judicial backlash to Brown was as much the result of strategic choices by southern political elites as it was the ingrained prejudices of the region's white voters. Presenting case studies of massive resistance in Mississippi, Louisiana, Virginia, and Arkansas, we show that elite agency profoundly shaped the patchwork development of grassroots resistance to integration across the South. These findings challenge the prevailing view that backlash to Brown signaled the unequivocal triumph of racial conservatives. Rather, we argue that the region's response offered individual members of the southern elite significant autonomy to direct massive resistance in their home states. We also argue that southern lawmakers were responsible for the South's embrace of popular constitutionalism post‐Brown, and thus that it may not have been “popular” at all. We conclude that studies of judicial backlash would do well to reevaluate the assumption that backlash is necessarily a grassroots phenomenon.     

The "Question of the Ethnic Russians" in the Context of Ethnic Relations in the Russian Federation

The author examines the current and likely future position of the Russian ethnic group within Russia's systems of interethnic and ethnofederal relations. He also examines the meaning of the term nationalism as used in Russian politics and warns about the danger of growing imbalances in state regulation of federal and ethnic relations. He proposes a new federalism that would eliminate asymmetries in relations between ethnic Russians and other ethnic groups inhabiting the Russian Federation.     

A research topic in education law and policy: The development of regionalism and federalism in Europe and their impact on educational policy and administration

There has been an “upgrading” of the regional level in the European policy process which also has implications for educational policy and administration. At the same time federalism has become a model not only for nation states but also for the construction of Europe. While regionalism and federalism has attracted more and more scholarly attention there has been a neglect of the implications for the educational field. The article starts by looking for models of regionalisation and federalisation as a legal and political technique of conciliating between the different levels in education. This revised version was published online in August 2006 with corrections to the Cover Date.     

“REPATRIATING” LOW‐WAGE WORK: THE POLITICAL ECONOMY OF PRISON LABOR REPRIVATIZATION IN THE POSTINDUSTRIAL UNITED STATES*

Applying Rusche and Kirchheimer's theory regarding labor markets and penal change, this paper examines recent initiatives to expand the labor force participation of federal and state prisoners. Globalization and labor market transformation have increased the potential value of prison labor as a subcontracting component of post‐Fordist production systems. We examine privatization's ideological rationale (economic “cost benefits”) and its political strategy of foreign job repatriation. Based on cultural and economic factors, the South is identified as the probable locale for “repatriation.” A case study of Escod Industries reveals the emerging elements of a post‐Fordist penology, involving a fundamental transformation in prison discourse, techniques, and management objectives.