表达渠道权与民主政治

表达渠道权是公民或社会组织为公开发表和传递信息而使用各种传播媒介、手段与方式的一项法律权利 ,也是民主进程中私人所有的一项基本权利。其能够丰富公众讨论 ,便利个人成长和民主进程的运转 ,进而保证民众对政治的广泛参与 ,使国家与公民之间建立良好的关系。然而 ,不可避免的是政府在创造和分配表达渠道权时会产生不适当地操控言论市场的情形。因特网的出现在一定程度上解决了这一民主进程的两难选择 ,实现了对言论自由的较少侵害和对公众讨论的丰富。     

宪法化的政治权利——参政权

我国宪法中的"政治权利"的概念直接来源于政治用语。对政治概念不加区分地法律化,引起概念逻辑的混乱,并导致了对权利的肆意破坏。因此,应当抛弃传统的"政治权利"概念,而提出"宪法化、法律化的政治权利"概念,即参政权体系。     

论发展权认知障碍的超越

发展权理念的滞后已成为制约发展权全球保障实现的认识障碍,为此必须实现发展权理念在方式、主体、时空、地位、动力、目的上的"多重超越",以全新的人类发展理念指引发展权全球保障的实现.     

残疾人政治参与权利研究

残疾人政治参与权利的行使对于提高残疾人社会地位和政治地位起着举足轻重的作用。残疾人所享有的包括政治参与权利在内的所有政治权利都应该得到充分的尊重和保障,这是衡量一个国家文明程度的重要标志,也是建设社会主义政治文明和法治国家的必需。     

Forms of Authority Beyond the Neoliberal State: Sovereignty,Politics and Aesthetics

Critical legal scholarship has recently turned to consider the form, mode and role of law in neoliberal governance. A central theme guiding much of this literature is the importance of understanding neoliberalism as not only a political or economic phenomenon, but also an inherently juridical one. This article builds on these conceptualisations of neoliberalism in turning to explore the wider historical, cultural and sociological contexts which inform the production of neoliberal authority. The papers in this collection were first presented at the symposium ‘Forms of authority beyond the neoliberal state’, held at the Griffith Law School in December 2017. They consider the role of the corporation, the site of the university, the politics of debt, the genre of prestige television, and the archic sources of state violence, in order to imagine forms of authority which lie beyond neoliberalism as an ideology and a set of practices, and the ensemble of institutions which constitute the neoliberal state. The contributions draw on social theory, philosophy, cultural studies, legal geography and political theology in exploring new possibilities for cultivating judgement through and beyond the sovereign, political and aesthetic terrains of neoliberal governance.     

State Politics and the Right to Counsel: A Comparative Analysis

One of the most significant recent developments in the study of crime and justice is the emergence of theoretical explanations for the dramatic changes in criminal justice policy over the past few decades. These theoretical accounts address not only highly visible developments, such as the meteoric rise in incarceration rates, but also less-conspicuous shifts in due process and civil liberties, and they do so by attributing more-repressive policies to the emergence of a political culture that has substantially redefined crime and justice. This article focuses on an important due process issue, the legal representation of indigent defendants in criminal courts. We describe the state of indigent defense policy, particularly structure and funding, across the states in 2002, and analyze variation on two dimensions where states may exercise discretion: the extent to which states assume responsibility for funding services (rather than relying on local governments), and the generosity with which these programs are funded overall. We test hypotheses that link funding for services with the ideology of state political leadership, public values about tolerance and race relations, and states' public welfare policy climates. We find little support for the prediction that a welfare climate shapes more progressive indigent defense policies. However, the results suggest that the racial threat hypothesis helps account for spending on indigent defense, and that Republican control of the statehouse results in the perpetuation of local responsibility for program funding. Normative literature on indigent defense suggests that the patterns we observe may have important consequences for the quality of indigent defense services across states. Further, the findings reported here suggest that the politics of the punitive turn, as it has played out across the states, may be responsible not only for shifts in crime control policy, but for due process policy as well.     

Feminism & Bioethics: Beyond Reproduction

Susan M. Wolf, ed., Feminism & Bioethics: Beyond Reproduction (New York: Oxford University Press, 1996): 398 pp., ISBN 0-19-508568-x (cloth), $50.00. To order call 1-800-451-7556.     

Physicians' confusion demonstrated by competency requests

A study was performed at a Veteran's Administration (VA) Hospital of the requests for competency evaluations made by medical and surgical services to a psychiatric consultant service. Since less than half the requests were found to be appropriate and specific, this study emphasizes the need for forensic psychiatrists to educate our nonpsychiatric colleagues about the problems engendered by confusion regarding competency. To do so, psychiatrists as well as other physicians and mental health professionals must be trained in discriminating between different types of competencies and the criteria appropriate for each. Because of continuing legal developments, it is becoming increasingly essential to be precise not only about the specific purpose for a competency request but also about the criteria necessary for evaluating different types of competencies. Forensic psychiatrists could play an important role in the education process to clarify the confusion. This study highlights the need for clarity and education concerning competency issues.     

Constitutional‐Electoral Reforms and Politics in Singapore

Abstract The existence of a dominant one‐party system in Singapore makes legislative passage of constitutional and electoral system reforms easy. Such a system has enabled the ruling People's Action Party (PAP) government to formulate and implement sweeping reforms with little difficulty, however controversial they are. Since 1980, the Singapore government has instituted nonconstituency MPs, nominated MPs, group representation constituencies, and an elected presidency. Although not necessarily intended, one consequence of these reforms has been the consolidation of the government's power.     

政治

胡锦涛强调节约资源 5月8日,国家主席胡锦涛在江苏省考察时指出,中国要努力构建资源节约型国民经济体系和资源节约型社会。 胡锦涛强调,可持续发展战略事关中华民族的长远发展,各地区在推进发展的过程中,要抓好资源的节约和综合利用,大力发展循环经济,抓好生态环境保护和建设。     

Beyond Otonomy, or Beyond the Law of Law's Ear

Can the relationship between law and literature be thought in terms of conversation? Can the law still ‘hear’ the voice of a writing that has come before it, yet outside the frame of the ‘hearing’ and the rules of ‘standing’? And when literature speaks, what does it say? Perhaps what the law has always known …     

Politics,Prisons, and Law Enforcement: An Examination of the Emergence of “Law and Order” Politics in Texas

This article examines the rise of “law and order” politics in Texas, providing an in‐depth archival case study of changes in prison policy in a Southern state during the pivotal period when many U.S. states turned to mass incarceration. It brings attention to the important role an insurgent Republican governor and law enforcement officials played in shaping crime policy. Law enforcement's role is considered within a broader examination of political strategy during a period of intense socioeconomic volatility. The findings suggest that within particular political contexts, especially those with low levels of political participation, law enforcement agents might play a key role in shaping punishment.