宪法实施视域中司法裁判宪法援引的实证分析

全面推进宪法实施采用广义的宪法实施内涵,有利于将宪法基本原则和宪法规范贯彻落实到国家与社会生活的各个领域。司法裁判中的宪法援引是宪法实施在司法领域的具体实践,因此,对宪法援引的实证研究能够获得宪法实施的直观印象。借助于新兴的大数据技术,检索含有宪法援引内容的裁判文书,对其进行统计学处理和分析,形成关于宪法援引案件的系统性认知。在此基础上,运用宪法学原理对宪法援引进行解析,以主体为宪法援引的区分标准,将其分解为当事人宪法援引与法院宪法援引两种不同类型,便于深入考察司法实践中宪法援引的具体方式和实际效果,进一步印证宪法援引在推进宪法全面实施过程中所具有的实践价值。     

The 2017 General Election,Brexit and the Return to Two‐Party Politics: An Aggregate‐Level Analysis of the Result

The outcome of the 2017 general election—a hung parliament—defied most predictions. In this article, we draw on aggregate‐level data to conduct an initial exploration of the vote. What was the impact of Brexit on the 2017 general election result? What difference did the collapse of UKIP make? And what was the relative importance of factors such as turnout, education, age and ethnic diversity on support for the two main parties? First, we find that turnout was generally higher in more pro‐remain areas, and places with high concentrations of young people, ethnic minorities and university graduates. Second, we find that the Conservatives made gains in the sort of places that had previously backed Brexit and previously voted for UKIP . But, third, we find that the gains the Conservatives made from the electoral decline of UKIP were offset by losses in the sort of places that had previously supported the Conservatives, particularly areas in southern England with larger numbers of graduates. The implication of these findings is that while a Brexit effect contributed to a ‘realignment on the right’, with the Conservative strategy appealing to people in places that had previously voted for UKIP , this strategy was not without an electoral cost, and appears to have hurt the party in more middle class areas.     

Autonomy and Control in Australian Agencies: Data and Preliminary Findings from a Cross‐National Empirical Study

This article is developed from data gathered through the analysis of a survey of ‘agencies’ at Commonwealth and Australian Capital Territory (ACT) levels of government, undertaken as the Australian component of a cross‐national empirical study of autonomy and control in non‐departmental public sector organisations. It presents preliminary findings from one part of what is potentially a very important enterprise in comparative research, along with discussion of methodological issues which need to be confronted in many such comparative exercises. The data reveal that Australia agencies have been granted more autonomy than agencies in other countries contributing to this survey, though that autonomy varies markedly across functions such as personnel management and financial management. While the article represents just a snapshot in time in agency autonomy, we believe it provides a robust baseline for future changes in the way agencies are managed in the Australian public sector.     

Political Competition,Agenda Power,and Incentives to Innovate: An Empirical Examination of Vested‐Interest Theory

Technological innovations are by no means Pareto‐improving. I build on the argument that incumbent innovators can use political means to block rival innovations by emphasizing that the competitiveness of political system and some political institutions may diminish their ability to do so. I specify an institutional mechanism of agenda power, which provides newcomers with an improved ability to enter the game. The number of agenda power holders varies significantly among political systems, electoral systems, and administrative structures. With a sample of about 100 countries and across 20 years I show that politically competitive regimes, majoritarian electoral rules, and federal structures supply more holders of agenda power in comparison to their counterparts and, other things being equal, produce more innovations.     

The 2016 Referendum,Brexit and the Left Behind: An Aggregate‐level Analysis of the Result

Why did Britain vote for Brexit? What was the relative importance of factors such as education, age, immigration and ethnic diversity? And to what extent did the pattern of public support for Brexit across the country match the pattern of public support in earlier years for eurosceptic parties, notably the UK Independence Party (UKIP)? In this article we draw on aggregate‐level data to conduct an initial exploration of the 2016 referendum vote. First, we find that turnout was generally higher in more pro‐Leave areas. Second, we find that public support for Leave closely mapped past support for UKIP. And third, we find that support for Leave was more polarised along education lines than support for UKIP ever was. The implication of this finding is that support for euroscepticism has both widened and narrowed—it is now more widespread across Britain but it is also more socially distinctive.     

Assessing Policy Design and Interpretation: An Institutions‐Based Analysis in the Context of Aquaculture in Florida and Virginia,United States

Recently in the field of policy studies, there has been a renewed interest in research that connects policy design with broader governance outcomes. As opposed to past studies of policy design that have characterized policies along broad categories of variables, however, recent studies have sought to systematically assess the language of public policies and resultant outcomes. This paper contributes to the existing and emerging literature on policy design by coupling a content analysis of polices governing the aquaculture industry in two U.S. states and interviews with aquaculture community members to understand policy design and perceptions of policy legitimacy, coerciveness, and enforcement.     

省直管县改革与县级政府财政解困——基于6省面板数据的实证研究

在全国各地普遍试点并推广的省直管县改革被认为是实现县域经济盘活和县级政府财政解困的重要手段,但关于该问题的大样本实证证据却尚未发现。基于6省2004-2009年的面板数据,采用基于自然实验的倍差法模型估计,本文实证分析了省直管县改革对县级政府财政自给能力的实际影响。研究发现省直管县改革的财政政策效应明显,显著提高了县级政府的财政自给率,但其政策效应呈现出边际效益递减的趋势。研究还发现省直管县改革对县级市、富裕县和规模较大的县的政策效应最明显。本文对上述发现进行了讨论,并据此提出省直管县改革通过提高财政自给率而对县级政府财政解困产生积极作用,但在稳步推进省直管县改革的同时需要采取配套措施;省直管县改革在不同规模、经济发展水平和行政单位性质的县产生的政策效应不尽相同,各地在推行省直管县改革时应因地制宜,结合县域经济和财力情况,制定适宜的政策并采取合适的策略。     

Confidence and Caretakers: Some Less‐Obvious Implications of the Fixed‐Term Parliaments Act

This article explores the 2011 Fixed‐term Parliaments Act's less‐obvious implications. First, it discusses why Theresa May found calling the 2017 election so straightforward, and notes what this implies for how FTPA works. Second, it looks at executive–legislative relations. FTPA removed the government's ability to designate controversial parliamentary votes as matters of confidence, and introduced a fourteen‐day cushion between a no‐confidence vote and Parliament's dissolution. In the process, it shifted the balance of power from ministers to backbenchers, to an extent potentially greater than most observers recognise. Third, it considers the more outlandish possibilities raised by FTPA's imposition of a fourteen‐day waiting period after a government's defeat on a no‐confidence motion before a new election can be called. It is possible, for example, for rebel MPs from the governing party to use the no‐confidence procedure to force concessions from the cabinet. Finally, it assesses FTPA's long‐term survival prospects, and what repeal would involve.     

Biofuel Investments in Sub‐Saharan Africa: A Review of the Early Legal and Institutional Framework in Zambia

Concerns about domestic energy security and global climate change mitigation have led the European Union, the United States, and others to introduce policies to enhance the use of biofuels in the transport sector fuel mix. While countries throughout the global South are positioning themselves to capture the economic benefits of this fuel transition, their capacity to do so is highly variable. This paper reviews the early evolution of the biofuel sector in Zambia to explore the extent to which the country is positioned to leverage future benefits of the emerging industry while forestalling negative social and environmental costs. In doing so, it sheds light on an under‐researched dimension of the ongoing debate over large‐scale land acquisitions and foreign investment: the role of legal and institutional frameworks in host countries in shaping outcomes. The analysis draws on the following: policy documents; stakeholder interviews with government departments, investors, and civil society stakeholders; and published and reported data on investments. Findings suggest that while existing and incipient policies and legislation provide an important foundation for attracting investors and achieving diverse sector aims, a number of gaps remain that are likely to hinder efforts to leverage meaningful benefits while minimizing negative impacts.     

公共政策绩效损失的实证分析--以G省农业水价综合改革政策为例

绩效管理的核心目的是改进绩效,而绩效损失这一分析视角业已成为审视绩效生产与绩效提升的一个重要维度。以G省农业水价综合改革政策为例,对“治理缺陷型”和“价值偏离型”两类绩效损失的生成机理与影响因素进行分析。研究发现:两类绩效损失是在公共政策组织管理系统和公共价值建构系统中交互形成的,其公共价值因素与组织管理因素相互影响,共同作用于整体绩效损失的生成;其中,社会价值建构缺失构成了整体绩效损失生成的逻辑起点。此外,在绩效损失的生成过程中,经济发展水平和自然区位要素与其他影响因素耦合互动,并对绩效损失产生“放大效应”。未来应进一步开展相关的定量研究以探索绩效损失形成的关键区域,并提出具有针对性与可行性的矫正策略和治理路径。     

Branding and Franchising a Public Policy: The Case of the Gateway Review Process 2001–2010

One of the more interesting features of contemporary policy‐making is the way in which certain policies and administrative processes have been branded. While this is not yet a common feature, it does appear to be one that is increasing in importance. This article looks at the phenomenon through a consideration of one particularly interesting case; the Gateway Review Process (subsequently Gateway), a policy with a related set of administrative processes which is both branded and franchised. Gateway also seems a successful example of a much more common feature of contemporary policy making: policy transfer. It has been transferred from the UK to five Australian jurisdictions, New Zealand and Holland. This article examines the extent to which the branding, and indeed the franchising, of Gateway is responsible for the putative success of that transfer. We begin with a very brief consideration of the literature on branding and franchising to situate our discussion, before outlining the ways in which branding and politics intersect. In the main part of the article we focus on the branding of public policy and on the Gateway case.     

Keeping the rascals in: Anti‐political‐establishment parties and their cost of governing in established democracies

Coalition governments in established democracies incur, on average, an electoral ‘cost of governing’. This cost varies across coalition partners, and is higher for anti‐political‐establishment parties. This is because, if such a party participates in a coalition, it loses the purity of its message by being seen to cooperate with the political establishment. In order to demonstrate that anti‐political‐establishment parties suffer an additional cost of governing, this article builds on the work by Van der Brug et al. and refines the standard cost of governing theory by ‘bringing the party back in’. The results of the analyses, based on 594 observations concerning 51 parties in seven Western European countries, cast doubt on the conventional concept of a cost of governing that pertains to all parties equally. The findings call for a major revision of the standard cost of governing literature, while adding a significant contribution to the debate on strategies against parties that may constitute a danger to democracy.     

US Presidential Elections: Two Centuries of Constitutional Continuity and Political Change—With an Analysis of the Political Geography of Barack Obama's Re‐election Campaign

The system for electing the President of the United States remains essentially as it was prescribed in the Federal Constitution drafted in 1787. The individual 50 states (plus the District of Columbia) are accorded a number of votes in the (so‐called) Electoral College; each state's Electoral College vote is then attributed to the candidate gaining a plurality (most) of the popular vote in that state; and the candidate with a majority (50% + 1) of these aggregated Electoral College votes is declared the incoming president. What has changed have been the methods of nominating the candidates, chief of which are the political parties from the nineteenth century with their stage‐managed quadrennial conventions and the primary/caucus campaigns from the twentieth century which precede and now determine the formal nomination. President Obama's 2012 re‐election campaign showed both the crucial importance of the much‐maligned Electoral College in winning the presidency and the demographic divisions hidden in the larger American political landscape.     

Mixing God's Work and the Public Business: A Framework for the Analysis of Faith‐Based Service Delivery

Over the past thirty years, there has been a dramatic transformation in the way the American political process operates. There has been a growing public perception that traditional political institutions lack the capacity to meet existing challenges. This has led many observers to call for a rethinking of how government does its work. Numerous alternatives, including the use of faith‐based organizations, have been suggested. The current popular debate on the appropriate role of faith‐based organizations in public service delivery has shed little light on a number of important issues raised by engaging such actors in governance issues. The impact of using faith‐based institutions to design and implement public policy must be considered not only in terms of traditional evaluation standards, but also regarding potential long‐term impacts on the political process itself. This article outlines a theoretical framework for the evaluation of faith‐based organizations as “alternatives” to conventional governance structures. It identifies key practical and theoretical issues raised by such substitution, in both short and long range systemic terms.     

案例研究概推性的理论逻辑与评价体系——基于公共管理案例研究样本论文的实证分析

案例研究是公共管理研究者运用的一种主要研究方法,但却常常被认为科学性不强。其面临的一项主要指责是案例研究的结果缺乏概推性,即源自一个或少数几个案例研究的结果缺乏普遍意义。本文首先梳理既有案例研究方法论文献对该项挑战的理论回应,分析案例研究结果概推性论述中的三种主要理论逻辑:"自然主义式概推"、"分析概推"和"非正式经验概推"。在借鉴现有理论的基础上,提出一个评价体系,以全面评估案例研究者在处理概推性问题上的严谨性。该体系的三个要素是:研究者"运用案例研究的目的"、"选择案例的理由"及"对案例研究结果适用范围的界定"。在分析上述三要素及其相互关系的基础上,设计出具体的评价指标。然后以发表于五种国际一流公共管理学术期刊上的142篇运用案例研究方法的论文为样本,实证分析公共管理案例研究者在应对概推性难题上的实践。结果表明:在所有样本论文中,八成以上以"一般化"研究为目的,四成以上明确说明了案例选择的理由,三分之一以上采用多案例设计,约四分之一说明了影响案例研究结果适用范围的因素。将2005—2009年样本论文与2000—2004年相比,公共管理案例研究者在处理概推性问题上的严谨程度显著提高,明确说明案例选择理由、采用多案例设计及以"一般化"研究为目的的论文比重大幅上升。最后在讨论实证结果的基础上提出拓展案例研究结果概推性的研究策略。     

The Technology Trap and the Role of Political and Cultural Variables: A Critical Analysis of the E‐Government Policies

More than a decade after the first introduction of the e‐government policies, early enthusiasms on its immediate benefits on the quality of democracy have undergone critical review. E‐government implementation worldwide has proved that technology alone does not necessarily provide more access and more participation. Massive technological intervention is not enough for reinventing government online. Hence, other variables should be taken into consideration. Factors concerning political culture, cognitive frames and mentality, administrative traditions, as well as the country‐specific peculiarities play a relevant role in determining if and how e‐gov initiatives can succeed or fail. In this article, it will be argued that any opportunity and push for change and actual influence on administrations, governments, and societies, prompted by the new technologies, should endure important variables of political, social, and cultural nature. The political and socio‐cultural variables then overcome the technological one and we can state that politics (still) determines (e‐)policy.     

Establishing Legitimacy in Emerging Markets: An Empirical Comparison of the Warsaw, Budapest, and Prague Stock Exchanges

The purpose of this analysis is to investigate the influence of economic and sociological institutional constraints in determining the legitimacy of firms. This study specifically looks at the importance of regulatory and transnational institutional constraints for firms traded on the Warsaw, Budapest, and Prague stock exchanges. The results indicate that a well-regulated securities environment has a direct impact on the ability of firms to establish organizational legitimacy. We also find that, lacking local regulation, firms can increase their legitimacy by adopting international accounting standards. Thus, we find support for the assertion that both economic and sociological solutions to the problem of legitimacy are appropriate for firms operating in an emerging market.     

An International Comparison of the Incidence of Public Sector Whistle‐Blowing and the Prediction of Retaliation: Australia,Norway, and the US

We compare results of several large‐scale survey studies of whistle‐blowing by public sector employees, from samples in Australia, Norway, and the United States. Specifically, we review incidence rates of wrongdoing, whistle‐blowing and retaliation, as perceived by thousands of respondents employed by many government agencies in these countries. Despite differences in measurement in the studies and variation in results, findings suggest that wrongdoing was quite frequently observed and was reported in many cases. Retaliation resulted for far fewer than half of the whistle‐blowers, in all three nations. We also compare findings from the various studies concerning variables that predicted retaliation against whistle‐blowers in the different samples. Differences in results across the three countries add to existing evidence that country and workplace cultures can affect the whistle‐blowing process.     

State structure and political representation: Comparing the views of statewide and sub‐state legislators across 14 countries

How the recent creation, re‐invention or reinforcement of regional levels of political decision making across Europe compounds political representation is one of the key issues of contemporary democratic government. Despite growing scholarly interest, the critical question as to whether the regional institutional setting has brought about distinct representational roles among sub‐state legislators has yet to be addressed. To advance research in this field, this study bridges the literature on multilevel politics and legislative studies that to date have developed in isolation. Using innovative survey data from 14 statewide and 56 regional legislatures across Europe, it provides the first comprehensive test of how the state structure affects a legislator's views on representation. The results highlight that, relative to legislators in unitary states and national legislators in multilevel states, legislators at the regional level are more constituency‐oriented. Moreover, this heightened responsiveness to constituents at the regional level is not offset by weaker collective representation operating through political parties. Beyond these findings’ immediate relevance to scholars of federalism/regionalisation and parliaments, they also speak to the wider normative debate about the quality of political representation and public policy.     

纪检监察机关在作风建设中的职能作用

在作风建设中,纪检监察机关作为党委政府抓党风廉政建设的重要助手,承担着协助党委政府抓好党风政风的重要职责。纪检监察机关应充分发挥教育、监督、惩处、保护、组织协调等职能,努力建立健全惩治和预防腐败体系,积极推进党员干部思想作风、学风、工作作风、领导作风、生活作风的建设,促进党风政风的进一步转变。