宪法的守护者:试论中国宪法法院建构

中国是成文宪法国家,宪法在中国特色社会主义法律体系中居于最高地位,拥有最高效力。但是在现实中,宪法的规范效力往往无法实现,违宪活动时有发生,这与我国缺乏有效的宪法监督机制有关。一般来说,世界上宪法监督机制无非就是司法审查制度、议会监督宪法制度、专门宪法监督机构等三种类型,为了实现宪法监督的实效,各国都选择适合本国国情需要的宪法监督机制。在中国建立何种类型的宪法监督机制一直是学界争议的难题,而在全国人民代表大会下,设立宪法法院,保障宪法实施,是符合当代中国现行体制的最佳选择。     

Do all bridges collapse? Possibilities for democracy in the European Union

It is tempting, but wrong, to infer from the failures of the EU draft constitution that all reforms based on increasing citizen participation in the European Union are doomed to fail. Andrew Moravcsik’s trenchant dismissal of the constitutional project commits this error. Moravcsik’s sweeping claims, based on what he calls empirical social science, speak well beyond the evidence on democratic institutional innovations. Participatory measures such as consultative Citizens’ Assemblies may articulate a citizens’ perspective that can help to anchor the democratic legitimacy of the EU. We do not know if such innovations can resolve the problems of the democratic deficit, but we do know that empirical social science has not spoken decisively on the issue. It is worth examining their democratic potential rather than dismissing them outright. This article develops and draws on ideas we first expressed in an online symposium with Andrew Moravcsik and others, hosted by Notre Europe (Culpepper/Fung 2006b).     

How to Win the UK Referendum on the European Constitution

Opinion polls suggest the UK Government faces an uphill task in winning the forthcoming referendum on the European Constitutional Treaty. This article provides a detailed analysis of the factors that are likely to decide the referendum outcome. Using recent survey data, we analyze the factors that influence individual-level support for the Constitutional Treaty. These results show that it is not only general attitudes towards European integration which are likely to play an important role, but also partisanship and satisfaction with the government. Given the low levels of information about the Constitution and the large number of undecided voters, the campaign itself will be crucial to the outcome. We argue that while information alone will not necessarily persuade voters, a successful campaign strategy by the yes-camp could make a decisive difference by motivating and informing voters, as well as setting the agenda for the debate.     

Britain and Europe: An Unforgettable Past and an Unavoidable Future

The title of this article is taken from the opening lines of Hugo Young's brilliant history of Britain's relationship with Europe, This Blessed Plot . That book begins with a sentence that says it all: 'This is the story of 50 years in which Britain struggled to reconcile the past she could not forget with the future she could not avoid.' Those words were written in the spring of 1998. Despite the early promise of Tony Blair's European policy, little has changed since. For France and Germany, the institutions of Europe represent a uniquely successful attempt to exorcise the past. For its part, Britain lives in the shadow of its history.
The struggle to reconcile national identity with strategic interests is as acute as it has ever been. For all that Mr Blair's government has done something in recent years to make Britain's case in Europe, it has failed to make Europe's case in Britain.     

Globalization, secessionism, and autonomy

This paper analyzes the relationship between the persistence and growth of secessionist parties in democratic countries and economic globalization, controlling for political and economic factors. The implications of secessionist persistence for decentralization are also examined. The paper finds that globalization is positively related to secessionist vote growth, while there is some evidence that economic conditions also impact secessionist parties in systematic ways. Secessionist support is also substantially affected by policy changes. Central governments have offered autonomy more often to regions with secessionist parties than to regions without such parties, though often the offers take the form of symmetrical countrywide decentralization.     

The Legal Obligations of Albania in the Stabilization and Association Agreement Between Albania and EU

The purpose of this article is to discuss the legal effects of the preliminary agreement between Albania and EU （European Union） on the EU and on the Albanian national legal system. The topic is ＂The Legal Obligations of Albania in the SAA （Stabilization and Association Agreement） With EU＂, and the purpose is to address the issue of harmonization and application of the obligation in the most effective way regarding the EU legislation. The method used is systematic, comparative and teleological analysis of the European and national legal systems and inherent principles and reflection on the ways of integration and coordination between them. At first the sources and features of the EU legal system will be presented. Then the application of these principles in preliminary and pre-accession agreement and through them their influence over the EU and over the national legal system of the pre-accession states will be presented. The contribution will be to argue that the preliminary agreement between EU and Albania creates legal effects both on the EU and on the national legal system of the pre-accessions countries. Their lull and effective application will be the duty of national court and legislators.     

Why we should not believe every lesson Andrew Moravcsik teaches us: A response

This article is a response to Andrew Moravcsik’s “What Can We Learn from the Collapse of the European Constitutional Project?”, published in No. 2, Vol. 47 (2006) of the PVS. In our reply we focus on three main points. First, we argue that Moravcsik’s apologia of the status quo does not convince in light of the challenges that a European Union currently with 27 member states and increasing heterogeneity is facing. Second, we discuss his causal chain model linking participation, deliberation and political legitimacy. We argue that Moravcsik confuses causality with conditionality. By doing so, he exaggerates claims of normative political science about the causal relationship between participation, deliberation and legitimacy, and makes it an unjustifiably easy target for critique. Third, we critically examine Moravcsik’s notion of democracy in order to show that his view of democracy as guaranteeing “certain social goods” brings about the risk of producing a theory of democracy without democracy.     

National interest versus the common good: The Presidency in European Council agenda setting

The European Council is an institution which brings together the Heads of State, or Governments of the European Union (EU) Member States. For the Presidency, preparing the agenda of European Council meetings involves a tension between loyalties. Existing research is divided over the question whether the Presidency pushes its domestic policy agenda on the EU level. Using empirical data on the Conclusions of European Council meetings, and national executive speeches presented annually in five Member States, this article investigates the relationship between the policy agendas of the EU and its constituent countries. It tests whether national issue attention of the Presidency holder dominates the European Council agenda. The findings suggest that having the Presidency does not provide a de facto institutional advantage for agenda setting power for any of the countries in the sample. The analysis points out that normative and political constrains limit the leeway of presiding Member States to push for domestic agenda preferences in the European Council.     

Reading the Ongoing Changes: European Identity

Europeans constituted their post‐Second World War political identities in terms shaped by the Cold War but matters took an unexpected turn when the events of 1989/91 required acknowledgement of the hitherto largely unremarked existence of the project of the European Union. The question of the identity of Europe/Europeans moved into mainstream debate: how can the variety of 'national pasts' be reconciled, how might ideas of Europe/Europeans fit within the range of identities affirmed by Europeans, and can the project present a clear image within the international community? The European Union is the only game in town for Europeans but it is also deficient; reform is made more difficult by the struggle to define the post bloc world: reform for what becomes the issue ‐ upgraded US ally, loose free trade area or federal polity? These are awkward questions but the continent is recovering from the catastrophe of its twentieth century and one can feel optimistic for the future.     

What does Brexit Tell Us about Our Understanding of European Identity?

This paper reports on a number of Eurobarometer surveys undertaken by the European Commission as a way of reflecting on Brexit and the challenges it poses to European identity. Our work with the surveys has been undertaken in the context of developing an educational game (RU EU?) which will explore European identity. European citizenship and identity have been strongly promoted by the EU but, while they appear to have been accepted at an elite level, the EU—and the UK in particular—have so far not constructed a narrative which has been supported by ‘ordinary’ citizens. Brexit has therefore exposed the failings of European elites in this regard. That said, there is some evidence that the complexities of Brexit have led to a strengthening of European identity in the other EU 27 countries.     

Technocracy,Politicization, and Noninvolvement: Politics of Expertise in the European Regulation of Chemicals

This article addresses the relationship between scientific expertise and policy in European chemicals regulation. We argue that the role of scientific expertise in the European regulation of chemicals varies across decision‐making levels, countries, and stages of the policy process. Our case study of the role of scientific expertise in the regulation of brominated flame retardants illustrates considerably different manifestations of this interconnected process across regulatory arenas, even though this case concerns a single group of substances. On the European Union level, we find a mix of technocracy and politicization; in Sweden, a clear‐cut politicization; and in Poland, noninvolvement. Such differences can be explained by a combination of factors, in particular frame dominance, and mobilization of advocacy coalitions.     

Pockets of resistance to globalization: the case of the Lega Nord

ABSTRACT

From its inception, the Lega Nord has been a populist social and political movement obsessed with the Other. In the world-view of the Lega Nord, the Other is anything that threatens the cultural and regional identity of Italians in the northern part of the country, particularly the Northeast. In the early 1990s the Other was constituted by corrupt politicians in Rome, Italian economic monopolies and southern Italians. By the late 1990s the Other had increasingly become the forces of globalization that, according to the Lega leadership's shrill arguments, threatened the economic and social fabric of what the party now refers to as ‘Padania’. Woods explores the manner in which anti-globalization became the dominant ideological Other in the rhetoric of the Lega Nord.     

The Contingent Diffusion of Parliamentary Oversight Institutions in the European Union

What explains the variation in institutional adaptation of national parliaments to European integration? Whereas the existing literature has mainly focused on domestic conditions, this article explains institutional adaptation to integration by focusing on inter‐parliamentary diffusion. The argument draws on ‘learning’ mechanisms of diffusion on the demand side and on ‘emulation’ mechanisms on the supply side. Parliamentary demand for external inspiration is related to uncertainty about functional oversight institutions, and the selection of sources to perceptions of similarity and success. Demand arises in new European Union member parliaments and young democracies that then turn towards culturally alike countries and old democracies. Using spatial econometrics, support is demonstrated for the argument in the article while ruling out alternative diffusion mechanisms such as spatial proximity and learning from Scandinavian frontrunners once links along cultural similarity and democratic experience are controlled for. The results underline the limits of the ‘isolated polity’ approach in the comparative study of institutions in Europe's closely integrated political system, while also showing that, even in this favourable environment, diffusion pathways are contingent on the mechanisms generating demand among policy makers and shaping their selection of sources for external information.     

Experimentalist governance in the EU: The emperor's new clothes?

Most students of the EU agree by now that it is best described as a governance system. There is far less consensus on what kind of governance the EU actually features: modern, postmodern, network, cooperative, innovative or simply new? Sabel and Zeitlin have advanced yet another concept. This paper discusses the added value of their “experimentalist governance” (EG), as presented in an edited volume published in 2010, for understanding and explaining the nature of EU policymaking, addressing four questions: First, to what extent is EG distinct from existing concepts of governance? Second, how pervasive is EG in the EU when compared to alternative forms of governance? Third, what is the effect of EG on EU policy outcomes, on the one hand, and the overall architecture of the EU, on the other? Finally, does EG solve or exacerbate the EU's democratic deficit?