试论公安政策制定的法治化

公安政策作为调整社会公共安全关系的手段,其背后蕴藏的是社会公安价值的分配,继而意味着对社会组织及公民的安全利益分配。其制定过程必然要求多方参与、科学民主。而要保障其政策目的的实现就必须借助法的手段,实现公安政策制定的法治化。     

The Scandinavian Democratic Model

Given the continuing importance of democracy as an analytic concept. this article seeks to compare Scandinavian practice with accepted general definitions and theories. Definitions that recognize contemporary political democracy as consensual and procedural seem most appropriate to the Scandinavian cases. Although remaining dynamic. political democracy has not been a contested principle for more than 50 years.
Efforts since 1945 to extend democracy to social and economic spheres have been more controversial, however. Welfare state measures enjoy broad support, not least for functional reasons. For many, however, such policies seek a broader social democracy instead of merely a humane 'safety net'. Economic democracy remains the most contested dimension. Seeking to transcend corporatism and rational collective bargaining, economic democracy seeks simultaneously to promote greater economic equality and participation while maintaining an efficient productive system.
The dynamic and expanded democratic model has engendered much domestic debate about means and ends. This has been, on balance, a source of reinvigoration.     

Two ways of realizing justice and democracy: linking Amartya Sen and Elinor Ostrom

In The Idea of Justice (2009), Amartya Sen advocates democracy defined as ‘public reasoning’ and ‘government by discussion’. Sen’s discursive approach facilitates the exercise of political freedom and development of one’s public capacities, and enables victims of injustice to give public voice and discussion to specific injustice. It also responds to the contested nature of ‘universal human rights’ and the need to clarify and defend them via public reasoning. However, Sen’s approach leaves intact the hegemony of a liberal form of democracy that prioritizes political and civil rights over social and economic rights and thus precludes alternative democratic forms, most notably a form of cooperative democracy that politicizes social and economic activities in the pursuit of local and global justice. Sen’s ‘government by discussion’ must combine with cooperative democracy and a global ethos emphasizing cooperation (and action) over privatization in order to address our most serious global injustices, including exploitation, inequality and poverty in the Global South, accelerating destruction of the environment and biodiversity, and global warming and climate change.     

Political Philosophy and Empowering Citizens

This paper defends the idea of empowering citizens by means of teaching them political philosophy. First, I explain and define empowerment as an experience leading to the development of critical and philosophical capabilities. Several challenges to using philosophy to empower citizens are then discussed and rejected. This group of challenges is called the 'divorce theory', because, according to them, philosophy and politics should be distinguished, as if divorced from each other, so that they can live happily side by side, but not together. Finally, empowerment is normatively defended and distinguished from paternalism, and examine the relationships between empowerment through political philosophy and deliberative democracy.     

Social policy, freedom and individuality

Contemporary social policy lacks an account of the ends it serves. The reason for this is a laissez-faire policy regime where property right overwhelms the right of each individual to be a self-determining person. Laissez-faire policy creates a scarcity of public resources where a universalistic social policy cannot be afforded. A narrowly targeted social policy designed for the poor prevails: it is one where the poor are subject to state coercion. In the more expansive social policy associated with social democracy, the outcome of equality is championed but there is no coherent account of how this end can be reconciled with achieving freedom. The universal idea of the self-determining person is the basis of a rationale for social policy. Thus the end that social policy should serve is the development and sustaining of an individual who has the set of capabilities that he or she requires to be free in the sense of self-determining.     

The search for the centre: Pivot parties in West European party systems

The central question is whether or not in multiparty systems the so‐called parties of the ‘centre’ can be defined and observed in isolation. We start from the assumption that party‐life in the centre‐space of a political system has distinctive features. Centre parties must therefore be conceptualised and analysed as phenomena sui generis and do not belong to either the left‐wing or the right‐wing of a party system. The second assumption is that every party in a parliamentary democracy is a vote seeking and policy guided actor. This means that a centre party depends on its capacity to compete with both ‘wings’ of a party system whilst occupying the centre‐space. It is then capable of becoming the ‘pivot’ of the system: its ‘centrality’ and ‘dominance’ represent ideological distinctiveness and electoral/legislative weight. The cross‐national analysis demonstrates that only a few parties are genuine pivot parties. The paper concludes with a discussion about the issue whether or not the existence of a pivot party is a blessing in disguise for the working of a democracy.     

Liberal Democracy Series I, 1972–1988: Definition, measurement, and trajectories

The purpose of this paper is to provide the definitional and empirical background to the Liberal Democracy Series I Index of democracy that is available in Bollen (1998) but whose rationale has not been published. More specifically, the paper (1) gives a definition of liberal democracy that has guided the formation of this index, (2) describes measures that correspond to this definition, (3) provides a measurement model that links the indicators of democracy to the latent variables that represent the concept, (4) explains the construction of the Liberal Democracy Series I Index, and (5) compares the Series I democracy measure to two other widely used democracy measures in a latent curve model. The Liberal Democracy Series I Index provides a simple unweighted measure of liberal democracy that minimizes the bias in expert ratings, is highly reliable and highly correlated with the latent liberal democracy variable. The evidenced reviewed here suggests that its measurement properties are superior to the Polity and Vanhanen democracy indices with the exception that it is available for a more limited period of years than these latter two.     

The Measurement of Democracy: Towards a New Paradigm

Mainstream political science on democracy has been criticised for ‘regime bias’. This has led political scientists to draw on a narrow range of democratic theory that considers democratic potential only at the cost of ignoring democratic purpose, to ignore other units of observation than the regime, notably the individual citizen, and to overlook advances in measurement theory. A robust normative account of democratic quality, it is argued, should rest on three foundations. First, measurement should start with observations of the regime. No account of democratic quality should be considered valid without an account of the degree of democracy in the regime. This analysis should be grounded in standard democratic theory. Secondly, the measurement effort should follow through to observations of how the potential in the regime is manifested in the lives of citizens. No account of democratic quality should be considered valid without an account of how well the system delivers for citizens. This analysis should be grounded in a theory of the purpose of democracy. Thirdly, pronouncements on democratic quality should finally be made only from some combination or index of information from both systems analysis and individual analysis. That combined analysis should be grounded in measurement theory, specifically the law of methodological individualism and the principle of double book-keeping.     

Privacy and Technology: Reconsidering a Crucial Public Policy Debate in the Post-September 11 Era

In the post September 11 era, one truism in the ongoing public policy debate surrounding technology and privacy is that there is no easy solution to the increasing presence of technology in our lives. There are, however, several long-standing guiding principles. We must be wary of extending political authority to protect privacy without careful contemplation of the consequences. While it may appear that the idea of balancing technology and privacy is novel, the tension between them is informed by a broader theoretical framework that is inherent to democracy. Understanding this broader theoretical framework is helpful in identifying ways to advance the debate toward policy solutions rather than continuing a dogmatic discussion that juxtaposes technological innovation with the loss of privacy. The purpose of this discussion is not to settle the public policy debate. Instead, the aim is to consider how long-standing constitutional doctrine and the theoretical framework of democracy can lend insight into the current debate surrounding privacy and technology.     

协商民主概念的提出及其多元认知

协商民主理论研究兴起之后,如何界定协商民主的内涵就成了学术界的研究重点。在毕塞特看来,当初美国立宪者设计的以人民主权原则为基础、以权力分立与相互制约的体制为架构、以定期选举和政党竞争为动力的代议民主体制,就是"协商民主",就是一种深思熟虑的、审慎的、尊重人民主权的民主政治。而曼宁、科恩等学者开始拓展其内涵,将合法性、追求理性自治与公民参与的政治理想赋予协商民主。吉登斯、扬、德雷泽克等学者分别从"对话民主""交往民主"和"话语民主"角度进行了新阐释。协商民主概念经历了一个逐渐丰富和发展的过程。总体上讲,协商民主就是基于人民主权原则和多数原则的现代民主体制,其中,自由平等的公民,以公共利益为共同的价值诉求,通过理性的公共协商,在达成共识的基础上赋予立法和决策以合法性。     

The Marketization of the Nonprofit Sector: Civil Society at Risk?

The public sector has increasingly adopted the methods and values of the market to guide policy creation and management. Several public administration scholars in the United States have pointed out the problems with this, especially in relation to the impact on democracy and citizenship. Similarly, nonprofit organizations are adopting the approaches and values of the private market, which may harm democracy and citizenship because of its impact on nonprofit organizations' ability to create and maintain a strong civil society. This article reviews the major marketization trends occurring within the nonprofit sector—commercial revenue generation, contract competition, the influence of new and emerging donors, and social entrepreneurship—and surveys research on their potential impact on nonprofit organizations' contributions to civil society. The article ends with a discussion of the significance of marketization in the nonprofit sector for public administration scholars and public managers.     

Why Measure Performance? Different Purposes Require Different Measures

Performance measurement is not an end in itself. So why should public managers measure performance? Because they may find such measures helpful in achieving eight specific managerial purposes. As part of their overall management strategy, public managers can use performance measures to evaluate, control, budget, motivate, promote, celebrate, learn, and improve. Unfortunately, no single performance measure is appropriate for all eight purposes. Consequently, public managers should not seek the one magic performance measure. Instead, they need to think seriously about the managerial purposes to which performance measurement might contribute and how they might deploy these measures. Only then can they select measures with the characteristics necessary to help achieve each purpose. Without at least a tentative theory about how performance measures can be employed to foster improvement (which is the core purpose behind the other seven), public managers will be unable to decide what should be measured.     

Parteien und Bürgermeister in der Repräsentativen Demokratie. Kommunale Konkordanz- und Konkurrenzdemokratie im Vergleich

Analogous to Lehmbruch’s model, two ideal types of representative democracy may also be distinguished in respect of local politics. Proportional democracy is characterised by a low degree of party politisation of both parish councils and mayors. This holds for the nomination period, on the hustings, for the election and during government, and induces the dominance of the mayor in all periods. Local competitive democracy, however, may be described in terms of a less influential mayor in all phases and a high degree of party politisation. There is empirical evidence that patterns of proportional democracy prevail in Baden-Wuerttemberg, whereas North Rhine-Westphalian communities are dominated by actors’ constellations similar to the competitive democracy model. These differences can be explained by diverging communal laws, a lower degree of party organisation in Baden-Wuerttemberg, and a lower average population size in the southern communities. Legal conditions, the degree of party organisation and population size as independent variables can be subsumed into an index of proportional democracy, which may be helpful for a preliminary indexing of communities in other German Laender states.     

Revolution 2.0 in Egypt: Pushing for Change,Foreign Influences on a Popular Revolt

This article presents a case study of a movement for democratic change in Egypt. In particular, it reviews the uses of social media that helped to facilitate the revolution that led to the overthrow of Hosni Mubarak's regime in February 2011. It looks at the movement in Egypt and the uses of social media from the perspective of public diplomacy, particularly in the context of U.S. efforts to drive public opinion in the Middle East. It reviews how the groups and individuals considered instrumental in the events that led to Mubarak's resignation are connected to the actors in U.S. “democracy promotion.” The article further discusses how social media, by dint of its characteristics, conveniently lends itself to democracy promotion. It highlights the risks involved in an instrumental approach to democracy promotion that treats the tools of social media as means to effect immediate policy gains country by country.     

Der Einfluss der Direktdemokratie auf die Sozialpolitik

Though it is neither possible to identify pure direct nor pure representative democracies, some polities employ direct democracy more often than others, like Switzerland or California. Based on an analysis of all referenda and initiatives in these two countries this study examines the impact of direct democracy on public policy making, especially on social policy. Starting from considerations upon the level of public policy within both systems, it is hypothesized that direct democracy generates a lower spending level than a representative democracy. This theoretical reasoning is supported by the empirical findings. Moreover, it is possible to identify a lag effect and a structural effect resulting from direct democracy. Differentiation between the several instruments of direct democracy illuminates different effects of direct democracy upon social policy, especially for Switzerland.     

利益冲突防范与回避：基本原则与监督机制

腐败与权力主体在利益冲突中不中立、甚至直接成为利益冲突的一方有密切关系。由于非公共利益的驱动，权力必然会千方百计地摆脱监督和规范，从而形成腐败的温床。防范利益冲突，避免政府直接成为利益冲突的一方。应当坚持服从公共利益、维护社会利益、尊重私人利益三项基本原则。回避利益冲突，确保政府在各方利益冲突中保持中立，应当坚持依法处置、公平公正、公开透明三项基本原则。应当积极构建权力阳光运行机制、加强党纪政纪监督、强化人大监督、严肃行政诉讼制度，建立健全利益冲突防范与回避的监督机制。     

Social Entrepreneurship,Entrepreneurship, Collectivism,and Everything in Between: Prototypes and Continuous Dimensions

This article uses prototypes and continuous dimensions to place social entrepreneurship in relation to other organizational forms. This approach is more fruitful than classical attempts to stipulate essential characteristics and establish boundaries. A prototype and continuous dimension approach allows consideration of the way social entrepreneurship functions similarly to and differently from related concepts, such as traditional entrepreneurship, public social services, and collectivism. These categories can be distinguished according to the degree to which control over the way value is created, allocated, and distributed occurs socially or entrepreneurially. This approach offers the additional advantage of making the concept more precise, as subdimensions clarify the relationship to practices such as volunteerism and theories such as antidevelopment. By mapping the network of organizational forms in which social entrepreneurship can be located, we can focus on the viability and advisability of different ways of solving social problems.     

THE DECAY OF LIBERAL DEMOCRACY

Liberal democracy is decaying because its values have been carried to excess or are obsolete for effectively addressing society's contemporary challenges. The loss of American military, technological, and economic hegemony—through the rise of competitors and increased interdependence—has threatened the nation's sense of ideological superiority, social coherence, and purpose. The prospects for a democratic renewal will require first, an enabling crisis that calls into question the existing social order, particularly capitalism, and the liberal values on which it is legitimated. Second, a broad-based popular movement would have to emerge that supports a redirection in the value structure, social relationships, and the public policy agenda. The essay concludes with concrete recommendations for reforming political institutions and new policies that would move us along such a path.     

On Democracy1

This paper attempts to provide a modern, universal, conceptualisation of democracy. J. D. May's ‘responsive rule’ approach is analysed. It is argued that his approach, although on the right lines, is not satisfactory as it stands. Democracy should be seen as referring to the principles which underlie the political process for a given regime, and is logically independent of the detailed institutional practices. Following Easton's analysis of a regime in terms of authority structure, values, and norms, democracy is analysed in terms of three principles of upward control, political equality, and norms defining acceptable polices. procedures, and behaviour. Democracy is not a dichotomous concept: given regimes differ in the extent to which they embody the principles of democracy in the operation of their institutions. In practice it will be hard, perhaps impossible, to find any regime anywhere which does not embody some elements of democracy to some degree. This vitiates the almost universal practice of using democracy and non-democracy as underlying concepts in a system of categorisation of regimes. Such categories become wholly arbitrary. Because of the subtle ways in which the democratic principles may work in different contexts. and because measures of these various manifestations of democracy can only be combined on a purely arbitrary basis, statistical measures of ‘democracy’ also become arbitrary. It is concluded that, although facets of the political process may be investigated using statistical techniques. ultimately the main thrust of empirical studies of democracy must be qualitative rather than quantitative. Democracy is the theory that the common people know what they want, and deserve to get it good and hard. (H. L. Mencken. Sententiae. A Book of Burlesquer, 1920)