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81.
Bernard Ryan 《The Modern law review》2001,64(6):831-854
Despite its endorsement by the Treaty of Amsterdam, the origins and content of the 'common travel area' between Britain and Ireland remain largely unknown. This article relies upon published and archive material in order to provide a comprehensive analysis of the common travel area. It shows that the common travel area has been founded upon administrative agreements (in 1922 and 1952), that it has influenced the special status of Irish nationals in British law and vice versa, and that it has been reflected in the law on entry to each state from the other and in the enforcement by each state of the other's immigration policy. It goes on to argue that the existence of a land border between the two states has been the primary reason for the common travel area. The implications for the common travel area of the recent increase in immigration to Ireland are then examined. Here, it is shown there have been significant changes to Irish immigration law relating to the common travel area since 1997, and it is suggested that these new circumstances may result in further reform of laws and practices in both Britain and Ireland. 相似文献
82.
Bernard McCloskey 《Commonwealth Law Bulletin》2013,39(2):219-233
The close temporal coincidence of International Human Rights Day 2010 (10 December 2010) and the tenth anniversary of the Human Rights Act 1998 (2 October 2010) stimulates some reflections on the progressive scope and influence of this domestic statute of towering importance. In addition, it seems especially appropriate to examine how Article 2 of the European Convention, which protects the individual’s right to life and is a cornerstone of this treaty, has featured in the jurisprudence of both the European Court and domestic courts. This article considers the celebrated Conjoined Twins case, together with other challenging issues which have confronted the courts – termination of pregnancy, medical prolongation of life, assisted suicide and so-called ‘mercy killing’. 相似文献
83.
Comparisons among electoral systems: Distinguishing between localism and candidate-centered politics
Carey and Shugart (1995) offer a four component composite index of “incentives to cultivate a personal vote.” We argue that this index, while tapping important aspects of electoral system choice, is best regarded as encompassing two distinct dimensions: degree of party-centeredness of the electoral system, on the one hand, and incentives for “parochial” behavior on the part of legislators, on the other. Also, while we have no problem with the three indicators used by Carey and Shugart to measure party-centeredness; to measure parochial incentives we prefer to use a new measure, E (Grofman, 1999a) of the size of a legislator's electoral constituency, rather than using district magnitude, m, as a proxy for a the size of a legislator's geographic constituency, as Carey and Shugart do. In the conclusion to the paper we argue that the degree of similarity between any two electoral systems will depend upon the research question at issue, and that the expected degree of proportionality of election results is only one of the many political consequences of electoral laws to which we ought to be paying attention. 相似文献
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Colvin (2000) argues that thepropensity for chronic criminal behaviorresults from developmental andsocialization processes that ultimatelyoriginate in the application of erraticcoercive control. He further argues thatthis process operates at multiple levels(i.e., individual, group, andorganizational). In addition, he arguesthat the relationship between the types ofcontrol and criminal behavior is mediatedthrough intergenerational and developmentaleffects, suggesting that the control typethat has the greatest effect on behavior isone that will be passed on to the nextindividual, group, or organization.In this paper, we critique the theoryproposed by Colvin. First, we summarizethe theory. Second, we categorize it interms of its relationship to other types ofcriminology theories. Third, we criticizeit for failing to sufficiently specify itsempirical assertions in order to facilitateempirical testing, and we suggest sixhypotheses that we think capture at least asmall portion of the theory itself. 相似文献
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Bernard T. Pitsvada 《Policy Sciences》1996,29(3):213-226
This article calls for reform of the U.S. Federal budget from two perspectives, preparation and content. The first aspect of reform proposes to amend the Budget and Accounting Act of 1921 by eliminating the requirement for an executive budget. It proposes replacing the executive budget submission with a budget prepared by a joint executive-legislative council. While the decision-making process for approval of the budget would remain the same, the council-proposed budget would eliminate several time consuming issues of disagreement such as whose economic estimates are used. The second aspect of reform proposes an examination of the contents of the budget. The current budget focuses on agency appropriations and the debt/surplus figure. Many more issues such as unfunded pension liabilities, true costs of credit, value of government-owned assets and the number of appropriations are largely neglected. This aspect of the budget should be examined by a non-partisan group of experts to make recommendations for an improvement in the informational content of the budget. Improved information could help support sound decisionmaking. The article contends that we can preserve the constitutional separation of powers dealing with the budget while we simply improve the methods used to prepare the document itself, and once the document is prepared it would be structured so it can be examined in a meaningful manner by interested citizens in order to ascertain the financial conditions of the country. 相似文献
90.
The figure of the prisoner, particularly as associated with the Numbers gangs in South African prison gangs, is both a hyper-masculine and (homo-)eroticized character. Prison allows for a state of being queer that, through its subject having already been criminalised, and escapes the stigma of feminization associated with it in the hierarchically gendered society outside of prison. Through the structure of the gang and in the confines of the prison, same-sex desire is at the centre of criminality and masculinity. At the same time, prison allows a space in which same-sex desire is countenanced; it thus becomes a literary setting fraught with same-sex eroticism. This essay considers the extent to which the masculinities of prison have become conflated with notions of an eroticized homosexual threat and the politics and fates of such threat inside and outside the jail walls. It reads a film (Proteus, 2003), non-fiction text (The Number, 2010, by Jonny Steinberg), short fiction (by Jan van Tonder), and play (Tertius Kapp’s Rooiland, 2013). 相似文献