The 'New Terrorism': Revolution or Evolution?

It is essential to understand the concept of the 'new terrorism', since it has fostered a paradigm shift in the way that academics, policy makers and counter-terrorism professionals conceive of the contemporary threat. Capturing the notion that there has been a revolutionary change in the nature of terrorism, it now plays a pre-eminent role in shaping counter-terrorism policy. However, despite the attractive simplicity of the concept, there are good reasons to question the assumption that the actual behaviour of terrorist groups has fundamentally altered. Indeed, an analysis of the history of terrorism shows that many of the supposed hallmarks of the 'new terrorism' have been seen in the past. As a consequence, the concept of the 'new terrorism' should be viewed with some scepticism, as it unduly exaggerates the unprecedented nature of the contemporary terrorist threat and needlessly leads policy makers to reject the relevance of historical counter-terrorism lessons.     

我国警察权力观的反思与重构

警察权力观是人们关于警察权力的认知、评价和情感体验,是人们在对警察权力理解的基础上所形成的意向和决策思想,警察权力观如何在很大程度上制约和影响着警察权力在实践中的运用和行使。受制于传统文化理念、行政体制等因素影响,我国传统警察权力观不可避免或多或少地烙上人治、专制、等级等印迹,严重影响和制约了和谐社会的建设。因而,对其予以反思、梳理和革新,建构符合现代法治要求的,具有人权保护、法律至上、自然正义等新型警察权力理念,就显得非常必要和富有现代价值。     

The Politics of Court Budgeting in the States: Is Judicial Independence Threatened by the Budgetary Process?

Judicial independence in American politics has been hailed as a means of preserving individual liberty and minority rights against the actions of the majoritarian branches of government. Recently, however, legal professionals and scholars of the courts have begun to question the magnitude of judicial independence, suggesting that budgeting and finance issues pose a threat to judicial independence. This article explores whether state judiciaries are being threatened on this front by soliciting the perceptions of key state officials. Using surveys of court administrators, executive budget officers, and legislative budget officers in the states, we examine three aspects of the politics of judicial budgeting: competing for scarce resources, interbranch competition, and pressure to raise revenues. The survey responses suggest that, in a substantial number of states, judicial independence has, at times, been threatened by interbranch competition and pressures to raise revenues.     

Retrofitting the Administrative State to the Constitution: Congress and the Judiciary's Twentieth-Century Progress

One of the twentieth century's "big questions" for United States government has been how best to retrofit, or integrate, the full-fledged federal administrative state into the constitutional scheme. The public administration orthodoxy initially advocated placing the executive branch almost entirely under presidential control; Congress and the federal judiciary responded otherwise. Congress decided to treat the agencies as its extensions for legislative functions and to supervise them more closely. The courts developed an elaborate framework for imposing constitutional rights, values, and reasoning on public administration practice. As the challenge of retrofitting continues into the twenty-first century, public administrators might profitably play a larger role in the constitutional discourse regarding the administrative state's place in constitutional government.     

The War on Terror and the Enforced Disappearances in Pakistan

The movement against enforced disappearances has been exceptionally strong in Pakistan. It has highlighted the extralegal activities of state actors and has prompted the judiciary to question powerful agencies regarding their conduct. With the help of historical analysis, this article argues that the movement has grown out of the reactions generated by War on Terror in Pakistan. The state’s stance to override human rights for combating terrorism is challenged by a movement which is largely anti-War on Terror and which is strengthened by historical and ideological factors as well as by respect for human rights. The movement against enforced disappearances had thus paved the ground for important debates on human rights in Pakistan.     

Legal development and human rights in Uruguay: 1985–2002

This article attempts to explain why Uruguayan judges have lagged behind judges in Chile and Argentina in the prosecution of the military for human rights violations committed during the dictatorship period in the 1970s and 1980s. By tracing judicial human rights activity in Uruguay from the transition to democratic rule in 1985 until the end of 2002, I argue that Uruguayan judges have been actively restricted by an aggressive anti-human rights policy expressed through a national amnesty law and explicit executive interference in judicial matters. Structural changes to the judiciary might have aided Uruguayan judges to overcome these barriers. Instead, failure to reform the judiciary has prolonged its conservative nature and made judges slow in responding to international legal development in the human rights field.     

Conflict Media Strategies and the Politics of Counter-terrorism

This article argues that the events of 11 September 2001, and the subsequent 'war on terror', have highlighted the role of the media in both the coverage and conduct of modern conflict. The article concentrates on the 'conflict media strategies' pursued by belligerents and examines the development and refinement of such strategies over time, from the Second World War through to the conflict in Afghanistan. Using data from Vietnam, the Falklands, the Gulf, Kosovo and other conflicts, I argue that an effective conflict media strategy is an essential tool of warfare that is used by states and terrorist groups alike.     

Semi-legality and belonging in the Obama era: the Deferred Action for Childhood Arrivals memorandum as an instrument of governance

While the effects of the Deferred Actions for Childhood Arrivals (DACA) executive order have been analysed by a number of scholars, little attention has been paid to the ways in which this program has functioned as a technology of governance. Drawing from content analysis of political discourse regarding the 2012 DACA executive memorandum, this paper offers new directions for thinking about one of the key legacies of the Obama administration. It contextualizes DACA within a global proliferation of variegated legal statuses and argues that DACA discourses allowed state actors to re-invigorate notions of US exceptionalism and humanitarianism, while deeming ‘illegality’ an objective fact existing outside of the state’s control. In doing so, notwithstanding the DACA memorandum’s limitations in alleviating conditions of ‘illegality’ even for eligible subjects, dominant discourses surrounding the program functioned to legitimise state practices and normalise the bounds of national belonging and ‘good citizenship’ in the face of contradicting global realities.     

Human Rights as Reputation Builder: Compliance with the Convention Against Torture

A strong record of human rights protections is an important factor for a state to maintain a positive international reputation. In this article, we suggest that states will use compliance with human rights treaties as a mechanism by which to improve their reputations to help achieve their foreign policy goals. We hypothesize that international human rights compliance is a means to improve a state’s reputation in three specific situations: when the state is facing regional pressures as the result of a desire to join a regional organization; when the state is facing regional pressures not to run afoul of a court within a regional organization; or when a state seeks foreign assistance from an entity with human rights requirements for the receipt of such assistance. We examine our theory by analyzing human rights reports regarding state compliance with specific treaty obligations outlined in the Convention Against Torture (CAT). While the evidence for our hypotheses is mixed, we do find some support for our assertion that state compliance is linked to reputational concerns. In particular, states comply with the CAT when they are part of a regional organization that has a human rights court, and when they are receiving conditional aid from the European Union.     

The gender politics of executive candidate selection and reselection

This research provides new theoretical and empirical insights into the gender politics of the springboards to chief executive office. The extremely masculinised composition of the relatively few top national executive positions has posed a serious impediment to empirically assessing the conditions that may facilitate women's under-representation and men's over-representation. To overcome this constraint, this study looks at the top regional executive office across four West European countries that present a multilevel state structure – namely Austria, Germany, Spain and the United Kingdom. Using two original datasets, the article examines the ways in which the selection and reselection of regional prime ministerial candidates is shaped by individual, organisational and institutional factors that produce heterogeneous experiences and career opportunities across sex. The results show that women have not shattered the glass ceiling at the regional level and pinpoint the fact that they are held to higher standards, benefit less from the political resources they possess and are more dependent on the decision environment in which parties select executive candidates. The conclusion is that the rules of the game guiding selection and reselection processes are strongly biased towards men.     

Reproductive responsibilities: Rethinking the fetal rights debate

The fetal rights debate has grown increasingly vitriolic in recent years. The animosity between those who attribute rights to the fetus from the moment of conception and those who argue that the rights of citizens can bestowed only upon those who have been born has created an impasse in a range of important public policy arenas. This article attempts to demonstrate that neither side of this debate provides a satisfactory answer to the question of what limits the state may legitimately place on the medical and behavioral choices of pregnant women. To move beyond the impasse created by the intransigent rhetoric of competing rights, this essay explores the related responsibilities of the expectant mother, the emergent family, and a liberal democratic state. It also applies this conception of reproductive responsibilities to policy issues pertaining to privacy, abortion, regulation of fertile women, and state intervention into parental decision-making.     

Models of Post-Incorporation Judicial Review: 1985 Survey of State Constitutional Individual Rights Decisions

In 1985 state supreme courts issued the largest number of decisionsto date in which protections of individual rights were basedupon provisions of state constitutions. With increasing frequency,state high courts have held that certain constitutional minimumsof rights protection set by U.S. Supreme Court interpretationsof the U.S. Constitution do not satisfy more demanding preceptsof state constitutional law. Although much of this activityremains reactive rather than systematic, there has been a slightmove toward greater systematic analysis. Furthermore, statecourt decisionmaking can be understood in terms of five modelsthat reflect judicial perceptions of varying degrees of equivalenceor nonequivalence between rights provisions in the U.S. Constitutionand state constitutions. At the same time, however, the U.S.Supreme Court has clearly indicated an interest in monitoringthe individual rights decisions of state high courts, whilelower federal courts have begun to place greater reliance onstate constitutional law to preclude U.S. Supreme Court review.     

Fragmenting parchment and the winds of war: The Constitution of the United States, 1860–2004

The tension between Hobbesian and Lockeian perspectives on the origins and functions of the state was resolved decisively at Philadelphia in favor of the latter. Fourscore and seven years on from 1787, however, Abraham Lincoln’s resolve to save the Union rather than to preserve the Constitution launched a series of attacks by the executive and legislative branches, sustained by a complaisant judiciary, on the parchment so carefully crafted by the republic’s Founders. This essay documents the federal government’s exploitation of security threats, from the Civil War to the War on Terror, to dismantle constitutional rights to life, liberty and property.     

The legal subject in modern African law: A Nigerian report

In recent years, the judicial systems of African countries have been increasingly ineffective, as demonstrated in cases as varied as the genocide in Rwanda and the land seizures in Zimbabwe. It is not only in cases involving individual rights and the state that the legal system is barely existent. The situation is just as bad, if not worse, in the administration of criminal justice. Whether it is the police, the prisons, or the courts, under both military and democratic governments, we are confronted with evidence of the impotence of the judiciary. This article examines the relationship between the executive and judicial branches of government in Nigeria. It also makes recommendations to improve the responsiveness and effectiveness of African judiciaries in checking executive power.     

Does social spending add substance to formal rights?

This article examines the effects of social spending on political participation and various forms of collective action conditioned on a state's level of respect for empowerment rights. It brings the language of rights to the more well-developed comparative study of voter turnout. I theorize that a state which spends more on social initiatives drives down economic and social barriers between individuals and the polls or participating in collective action. This increases the substantive use of rights guaranteed formally by the state. I find that spending helps most where rights are already respected. I also find that spending can negatively impact participatory democracy where these rights are less well established. Ultimately, I conclude that institutional strength has a greater effect on the substantive use of rights than social spending.     

Contextualization of UN human rights indicators: Modifying “right to work” indicators for application in Taiwan

Human rights indicators are tools for monitoring a government's progress in fulfilling its human right obligations. In 2012, the United Nations released a manual of human rights indicators that includes a conceptual framework and illustrative indicators. This article reports on an examination of “right to work” indicators appropriate for use in Taiwan. The review was undertaken under the auspices of the executive branch of the government of Taiwan in consultation with panels of experts, officials of statistical departments, and persons from vulnerable groups, to contextualize the indicators for future implementation. The authors modified several indicators suggested in the manual and created one additional attribute on collective labor rights. Following an analysis of the indicators, the article highlights several issues that require further attention, including the feasibility of disaggregating administrative data, the use of indicators at subnational levels of governments, and the development of human rights indicators for particular groups.     

The Past and Future of the New Judicial Federalism

This article argues that the new judicial federalism, the increasedreliance by state judges on state declarations of rights tosecure rights unavailable under the U.S. Constitution, representsnot a return to an earlier federalism but rather something new.Although the basis for a state civil liberties jurisprudencehad long existed, the "discovery’ of state constitutionalguarantees did not occur until the Warren Court pioneered anapproach to civil liberties that state courts could emulate.This "discovery" has led to only intermittent reliance on stateguarantees. Nonetheless, it is unlikely that state judges willreturn to the total deference to federal rulings in civil libertiescases that characterized preceding decades.     

State High Courts, State Constitutions, and Individual Rights Litigation Since 1980: A Judicial Survey

In 1985, state courts of last resort issued more decisions thanin any year since 1950 in which they extended rights protectionsto individuals beyond those recognized by the U.S. Supreme Courtby basing rights protections solely or independently upon stateconstitutional grounds. A survey of state high court judgesand justices reported here indicates that there has been a nationwideincrease in the number of individual rights cases litigatedunder state constitutions since 1980. Significant-to-moderateincreases, however, were more likely to be reported by justicesfrom the Northeast and West, from states having a moralisticpolitical culture, and from courts whose members are appointedby the governor and/or legislature. State constitutional rightsclaims are more likely to be raised in criminal than noncriminalcases, though in both types of cases and in most states, stateconstitutional rights claims are raised less frequently thanfederal constitutional rights claims. Majorities of judges andjustices favor the ideas of teaching state constitutional lawin law schools and of testing for knowledge of state constitutionallaw on bar examinations.     

Citizenship and Res Publica : The Emergence of Republican Rights

A fourth kind of citizens' rights--the republican rights--are being recognized and enforced in the last quarter of the twentieth century, after the civil, political, and social rights have been defined. Republican rights are the rights that every citizen has that the public patrimony, the res publica , is utilized on behalf of the public interest. While civil rights protect citizens against a powerful state, republican rights protect the state against powerful citizens involved in several forms of rent-seeking. Three major types of republican rights are identified: rights to the environment, to the historical patrimony, and to the economic patrimony. The last, in flow terms, corresponds to the state's revenues, which are permanently threatened by businessmen, bureaucrats, and all kinds of special interest groups, sometimes in subtle ways. To identify and contain these threats is a major challenge for modern institutions and law systems.     

Migration and Citizen Rights: The Mexican Case1

This article analyzes Mexican migration to the United States (US), as part of the South to North global migration, and focuses on the access of migrants to citizen rights from the perspective of the sending countries. Studies of citizenship and migration have mostly looked at receiving countries' policies; however, sending countries are also enacting laws that facilitate immigrants' access to rights. The study shows that the restriction of immigrant rights in the US has been paralleled by an extension of rights to emigrants by Mexico. These policies of the Mexican state include the rights to retain nationality when migrants nationalize overseas and the extension of citizen rights to the population abroad. The study describes the efforts on the part of the Mexican state to extend civic, political and social rights to non-resident nationals. It also reveals how the results of these efforts vary substantially, depending on the nature of each one of these types of rights.