The enactment of public participation in rulemaking: A comparative analysis

This study analyzes the enactment of public participation in rulemaking within the European Union and the Organization of Economic Cooperation and Development countries. It relies on an original dataset of administrative procedural acts and administrative laws concerning the making of delegated legislation. As 12 out of 39 countries enacted a procedure of notification, publication, and consultation between 1995 and 2015, the study focuses on courts while controlling for other domestic institutional determinants of legislative adoption and countries’ interdependence. The empirical findings show that countries with a highly independent judiciary system are less likely to enact a comprehensive provision for public participation in rulemaking. This finding highlights a paradox, namely that political systems are more likely to adopt rulemaking to enhance democratic legitimacy if they are characterized by a judicial system that does not actively pursue the legality of rulemaking.     

Der Europ?ische Gerichtshof als Motor der Integration: Eine akteursbezogene Erkl?rung

For nearly five decades, the European Court of Justice (ECJ) has developed a decisively pro-European case law and has become the ??engine of integration??. Institutional explanations shed light on the Court??s room for manoevre. They have to be complemented by actor-centered explanations that shed light on the judges?? motives of action. The explanation offered by the following paper is unfolded in two steps. In the first one, the article describes idiosyncrasies of the European law discourse that already shaped the judges before they were appointed. The analysis of the idiosyncrasies corresponds to a scepticism towards the idea of national sovereignty, a belief in the necessity of creative and idealist, law-augmenting judges and a dominance of output-oriented legitimization strategies. In a second step, the article shows that in the sociological sense the ECJ judges constitute a group. While the individual judges share an understanding of the aims and functions of European law, the group develops its own identity and grants status to those who perform successful actions with respect to the common integration agenda. This explanation is more realistic than ??rational choice?? explanations which point to the direct and personal benefits that judges derive from their pro-European case law.     

Australian Judicial Biography: Past,Present and Future

This article posits that biographical writing on High Court judges generates insights that may otherwise be overlooked in explorations of national history and politics. Firstly, the article addresses the relative scarcity of such biographies in Australia. It then explores themes common to the existing works and the ways in which they are evoked. The article canvasses some possibilities inherent in judicial biography, expanding briefly on the themes of national and gender identity, before surveying some of the minor controversies of the genre, including the question of who is best qualified to write it. The discussion concludes with the suggestion that the development of this genre would provide nuanced material for legal scholars, historians and political scientists alike.     

Coloured Judgements? The Work of the Thai Constitutional Court, 1998–2016

Created in 1997 as part of a major constitutional reform, Thailand’s Constitutional Court has since become embroiled in several high-profile political controversies. Since the 2006 coup, because a number of such decisions have favoured one political camp and considering obvious close and long-standing relations between judges and political elites, questions have arisen about the court’s ability to act as an independent arbiter. Is this view justifiable? To answer that question, this article first analyses how the court has behaved across political administrations in 32 high-profile cases since 2001. It then turns to the socio-biographic profile of the bench, the politics of nominations and changes to its composition, particularly since 2006. Finally, the article considers data on participants in classes offered by the Constitutional Court, which makes it possible to better understand the links between Thai political and judicial networks. The analysis finds evidence of politically biased voting patterns and increasingly partisan nominations to the court, though formally appointment procedures are apolitical, which suggests the politicisation of the court and growing ties between judicial and political elites. These findings raise new questions about the public’s perception of the Constitutional Court’s legitimacy and prospects for the rule of law.     

Truth,justice, and education: towards reconciliation in the former Yugoslavia

Key to the success of peacebuilding and social reconstruction in the former Yugoslavia are the attitudes of these young people. Our goal in this paper is to explore young people’s attitudes about the prospects of reconciliation vis-a-vis those with whom their nations were formerly at war. In particular, we examine three sets of factors. First, we contend that the level of contact among people engendered by the segregated educational systems affects the attitudes of the young about the possibility of reconciliation. We suggest that those who are able to interact more frequently with fellow students from other ethnic groups will be more likely to believe in the possibility of reconciliation. Second, we contend that attitudes of young people about which ethnic groups were responsible for the violence in the former Yugoslavia and the efforts of the international community to bring truth and justice will strongly influence attitudes. Finally, we examine other factors such as education and the influence of gender on reconciliation.     

Majoritarian values and women’s rights: police and judicial behavior in Tajikistan and Azerbaijan

This paper analyzes judicial and police behavior in dealing with cases of family violence and divorce in Tajikistan and Azerbaijan. Police and judges deliberately violate existing legal provisions to prevent women from divorcing or filing charges against their husbands in cases of domestic violence. While the law does not recognize religious marriages in Tajikistan, judges often rule to protect women’s living space after the dissolution of such unions. Drawing on rich interview and archival data, this behavior is explained by showing that judicial and police behavior reflects their biases, which in turn are a reflection of majoritarian norms in these countries. Since current laws are derived from Soviet codes, which were never internalized by the population, police and judges bend them to fit their understanding of social justice.     

Subjects to citizens: From non-voting,to protesting,to voting in Estonia during the transition to democracy

Abstract

The political behaviour of ethnic Estonians and Slavs during the Soviet and transition (1989–1991) years reflects differing political orientations towards and grievances with the Soviet regime. Survey data from Estonia show that the reasons for non-voting during the Soviet era vary between ethnic Estonian and Slavic non-voters with ethnic Estonians choosing not to vote for system rejecting reasons. Estonians who did not vote in elections from 1983 to 1988 were more likely to be young, to live in urban areas and to have had a family member repressed. They were also much more likely to engage in petitioning, picketing, and meetings and demonstrations in support of independence between 1986 and 1990, especially if they did not vote for system rejecting reasons between 1983 and 1988. Non-voting among Slavs in the 1980's was not only much rarer than for Estonians with few citing system rejecting reasons for not-voting, but it had no relationship with later protest activities. Estonian non-voters joined independence organizations and increasingly voted during the transition years 1988–1990. But non-voting increased among Slavs in 1989 and 1990 during the transition, and some of this non-voting was clearly a form of protest against increasing Estonian influence over the state.     

The Myth of Personal Security: Criminal Gangs, Dispute Resolution, and Identity in Rio de Janeiro's Favelas

This article examines the politics of how drug traffickers resolve disputes and maintain order in the favelas of Rio de Janeiro. Much popular discourse and some scholarly studies argue that drug traffickers play a major role in controlling crime and minimizing conflicts there. This article shows that traffickers enforce community norms under a variable political calculus in which well-connected and respected residents are less likely to be punished for rule violations than are individuals who are marginal to the life of the community. This allows many favela residents who conform to local norms to feel a degree of control over their own safety, a "myth of personal security" in otherwise violent neighborhoods.     

Changing patterns of social network structure in composer-singer relationships: A case study of the Korean popular music industry, 1927–1997

This study focuses on relationships between two different sets of actors in the Korean popular music industry—songwriters and singers—who were mutually connected in the production of hit songs during the period of 1927–1997. Data for the present study were obtained from a set of publications providing the following information about hit songs in Korea since 1925: title, musical style, year of recording and release, lyricist(s), composer(s), singer(s), and the label company producing the record or album. Data are used to test a series of hypotheses on the nature of relationships between songwriters and singers. Results of the present analysis show that composer-singer pairs are likely to have produced only one hit song together, due to a high degree of market competition in the popular music industry. Because composers tend to have more control over their relationships with singers than singers have in their relationships with composers, composers are more likely to have multiple hit songs with more than one singer than are singers to have multiple hit songs with more than one composer. Genres of popular music in Korea have changed significantly since 1950, and these changes have also affected composer-singer relations. The diversification of genres has reduced the concentration of hit songs by selected elite composer-singer pairs over time. Another important consequence of the changes in genres is that the proportion of hit songs by artists playing dual roles as composer and singer has dramatically increased in recent years.     

Omo onile and Violence in Real Estate Development in Lagos,Nigeria

This study examines the influence of omo onile (literally meaning “the child of the landowner”) on real estate development in Lagos, Nigeria. the land sale-associated violence is one significant challenge to estate development in Lagos. Quantitative and qualitative data were collected, which were analysed at three levels, and content analysed respectively. Logistic regression results indicated that respondents who admitted that omo onile had a negative impact on real estate were five times more likely to disengage in real estate investment, relative to those who noted no significant effects. The study concludes that unfair access to land adversely impacts on real estate development. therefore, the government should dismantle legislative impediments, control omo onile and strengthen community frameworks for access to land in Lagos.     

Judicial alignment and criminal justice: evidence from Russian courts

This paper investigates the effect of informal ties between judges (as represented by regional court chairpersons) and prosecutors on the repressive implementation of criminal justice in Russia in the area of fraud convictions. The authors utilize criminal law statistics of Russian regional courts for 2006–2010 to determine the alignment between chairpersons and prosecutors by measuring the length of their mutual career paths. The informal ties have a strong impact on trial outcome, which, however, changes over time. During periods of high bureaucratic risks and uncertainty, regions with a higher extent of informal ties between judges and prosecutors exhibit more repressive law enforcement. If external risks decrease, informal coalitions seem to increase the independence of the courts, insulating them from bureaucratic pressures and limiting their repressiveness.     

Are Russian Judges Still Soviet?

The Soviet model of judging incorporated an educational and political role for judges. In addition to resolving disputes, judges were expected to use cases as a way of inculcating Soviet values. They could sidestep the law when it conflicted with the interests of the state and/or the Communist Party. In recent years, reforms aimed at raising the status of judges and stripping away their Soviet veneer have been introduced. In theory, the introduction of the principle of adversarialism should shift responsibility away from judge and onto litigants. The article explores how these reforms have played out. It draws on field work in arbitrazh courts, including observations of judicial proceedings, conversations with judges and litigants, and review of case files.     

Building a Following: Local Candidates' Political Careers and Clientelism in Argentine Municipalities

Why do some candidates prefer to use clientelistic strategies to mobilize voters while others do not? Building on existing explanations that highlight the importance of voters' demand for particularistic goods and parties' capacities to supply goods and monitor voters, this article focuses on candidates' political careers. It argues that how candidates begin mobilizing voters to participate in rallies and elections becomes crucial in explaining their preferences to use clientelism. Candidates who receive a salary based on their ability to mobilize voters—paid party activists—are more likely to use clientelism than candidates who are not paid for their political work, unpaid party activists.     

“一国两制”下的香港司法机关

香港特别行政区司法机关得到国际社会和香港本地社会的高度评价。本文阐述了香港司法制度的结构,包括法院的架构、规模以及双语法制;介绍了香港的法官制度,包括法官的任命和服务条件,法官的选拔、培训、考核和行为守则,对法官的投诉机制,法官的任期、薪酬待遇以及司法行政等;梳理总结了香港对司法独立和司法公义的制度保障。在“一国两制”的宪制安排下,香港司法也体现出特殊性。香港享有终审权,各级法院对基本法亦有解释权,但全国人大常委会颁布的基本法的解释,香港各级法院必须遵从。     

Citizens,bribery and the propensity to protest

It is widely assumed that the more one experiences corruption the more likely one is to want to protest about it. Yet empirical evidence illustrating this is thin on the ground. This paper fills that gap by focusing on the extent to which self-reported experience of bribery affects the willingness to engage in protests against corruption in Africa. We find that the more one experiences bribery the more one is likely to support anti-corruption protests. A further unexpected finding is that the personal experience of corruption also increases the willingness to rely on bribes to solve public administration problems.     

The Senkaku/Diaoyu Islands Crises of 2004, 2010, and 2012: A Study of Japanese-Chinese Crisis Management

The diplomatic situation between Japan and China over the Senkaku/Diaoyu Islands has become increasingly precarious over the past decade. Weak diplomatic ties and lack of trust between the two nations has made a clash not only more likely, but also unlikely to be effectively contained. This article compares the events and management of three diplomatic crises concerning the islands, including the deportation of Chinese activists who landed on the islands in 2004, the detention of a Chinese fishing boat captain who collided with a Japan Coast Guard vessel in 2010, and the 2012 nationalization of three of the islands by the Japanese central government. These case studies reveal the lack of reliable high-level communication mechanisms between Tokyo and Beijing, diminishing back-channel diplomacy and the asymmetrical influence of each respective Foreign Ministry as just a few of the structural barriers to effective Sino-Japanese crisis management.     

Do Citizens Judge Health Experts Through a Partisan Lens? Evidence from a Factorial Survey Experiment

Scholars have claimed that right-wing citizens are more skeptical about experts than left-wing citizens. This article, however, argues that depending on their party affiliation, citizens prefer certain kinds of expertise over others. I confronted Swiss adults (N = 2,465) with individual risk advice on either flu vaccination or colorectal cancer screening. The quote varied regarding the expert providing the advice (e.g., academic, administration, or corporation) and the degree of policy advocacy. The citizens then assessed the experts' credibility and their own behavioral intention (e.g., get a flu shot). Citizens across the political spectrum are more likely to positively evaluate experts who represent institutions aligned with their beliefs. Moreover, right-wing citizens are more skeptical about experts who advocate for specific policies than their left-wing counterparts. This study underscores the need for a better understanding of how partisanship affects expert perceptions to manage health policy problems and other science-based issues.     

The Jewish community in nineteenth century Palestine: evidence from the Montefiore censuses

Initial findings from five recently transcribed censuses of the Jewish community in nineteenth century Palestine, commissioned by Sir Moses Montefiore. This article discusses each census and presents uncorrected population figures. It describes how the Jewish community was rapidly changing: the population increased almost fourfold between 1839 and 1875, primarily due to immigration from Ashkenazi countries. The Jewish community was majority Ashkenazi by 1875. Analysis of the census data gives us detailed information about the community, such as the fact that Ashkenazim were significantly more likely than Sephardim to be engaged in full-time Torah study, whereas individuals who had immigrated to the land of Israel were slightly less likely. It also suggests that immigrations occurred at all ages, although the average age of an immigrant when they came to Palestine was 36.     

‘Nothing could be more pernicious’: King James II and parliament at King’s Inns,Dublin, 1689

This article concerns the only session of the Irish parliament during the seventeenth and eighteenth centuries at which most members shared the Roman Catholic religion of the majority of Irish people. It explores for the first time the significance of that parliament’s meeting in 1689 at an inn of court, a location at which members never before or afterwards convened, and highlights in this context the leading role of judges and senior law officers in its affairs there. Attended by James II, it was also the only Irish parliament opened by a king of England and Ireland before the institution’s abolition in 1800. Dismissed by its Williamite detractors as ‘pretended’ and even by some Jacobites as ‘pernicious’ for distracting King James from military objectives, the assembly of 1689 was later depicted by nostalgic nationalists as ‘the patriot parliament’.     

Old Laws,New Citizens: Trust in the Courts in the New Federal States

After the reunification of West and East Germany, West German laws, lawyers and judges almost completely replaced the East German legal system, giving rise to a unique situation in which ‘old laws’ governed ‘new citizens’. Are West German laws and legal institutions incompatible with the socialist values of East Germans? Or do East Germans judge legal institutions based on their performance? Using three surveys from the 1990s and 2000s this article shows support for both cultural and performance approaches to institutional trust, but suggests that the impact of cultural factors may have declined over time. Improved economic and political performance in the 2000s, moreover, has led levels of trust in the East to reach nearly the same levels as in the West. Surprisingly, the results show as well that ‘socialist values’ in West Germany are also a barrier to trust in the courts.