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In this article I present a critique of efforts to extend the “rule of law model” to developing countries by the transfer of American legal institutions. I examine a popular American literary text, Steven Vincent Benet's The Devil and Daniel Webster, to reveal a basic contradiction between constitutionalism and democracy in American legal culture. I analyze the rule of law model as a discourse, relating the transfer of these contradictory values to unintended results of legal reform recently reported in Costa Rica. Finally, I present conclusions about how transferring the values of American legal culture through legal reforms is related to judicialization in developing countries.  相似文献   

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State legislatures in the United States engage in a substantialamount of international activity. In the 2001-2002 legislativesessions, some 886 bills and resolutions with significant internationalimplications were introduced. Approximately 306 of these wereadopted. This level of international activity has increasedsubstantially since 1991, and the substantive focus has changedover time. In addition, about half of all state legislaturesreceived at least one foreign delegation and sent at least onedelegation of members abroad in the last session. As in mostareas of state policy, there is considerable interstate variationin legislatures' international activities. Some states had virtuallyno international legislative activity, whereas others were veryactive. The principal factors explaining this variation werethe degree of state involvement in the international economy,as measured by the level of state exports, and party controlof the legislature.  相似文献   

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战后美国谋求世界霸权经历了战后初期单独谋求世界霸权,60年代至80年代美苏争霸,90年代冷战结束后美国试图建立单极世界三个阶段.美国谋求世界霸权在战略目标和手段等方面有明显的特点.透视美国谋求世界霸权的历史轨迹和特点,给予我们多方面启示.我国应坚持和平发展,为构建和谐世界做出自己应有的贡献.  相似文献   

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Since 2002, the U.S. Office of Personnel Management has used the Federal Employee Viewpoint Survey (FEVS) to monitor efforts by federal executive agencies to manage human capital. Public management researchers have used FEVS data to produce dozens of peer‐reviewed publications on a range of topics of interest to policy makers, practitioners, and academics. Despite the proliferation of these empirical studies, the field of public management until now has lacked a critical assessment of the FEVS and of how researchers have used the data. In this article, the authors discuss the strengths of the FEVS and the opportunities this survey has created for public management researchers. Despite important contributions made to the literature using the data, there are weaknesses in the content, design, and implementation of the FEVS. The authors offer a set of recommendations for refining the survey and its implementation with the aim of improving the quality and value of the data. In doing so, they hope to foster a dialogue between public management researchers and the Office of Personnel Management on the future of the FEVS and to forge a stronger link between these two communities.  相似文献   

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Abstract.  This article examines the politics of the 2005 reform of the Stability and Growth Pact (SGP). It distinguishes between two stages in the reform process. The first stage delimited the negotiation space – confining reform into an interpretation of the formal clauses that prescribe SGP functioning – and set the reform agenda. In the second, decision-making stage, Member States engaged in high politics bargaining, more sensitive to their short-term (fiscal deficit) and long-term (fiscal sustainability) macroeconomic conditions, attempting to upload country-specific 'expenditure exceptionalism'. The authors of this article find a crucial disjunction in some Member States between positions held across the two stages. Strategic considerations, comprising the broader constitutional/political game and the need to demonstrate national macroeconomic credibility, account for such discrepancy in the two negotiation stages.  相似文献   

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