Courts, the new constitutionalism and immigrant rights: The case of the French Conseil Constitutionnel

Abstract.  This article examines the role of courts in the creation of immigrant rights. Immigrant rights are located within a broader 'new constitutionalism' (especially in postwar Europe), in which courts have abandoned their traditional passiveness toward the political process and taken on the role of de facto legislator. Analyzing the immigration jurisprudence of the French Conseil Constitutionnel , we argue that courts are torn between two opposite imperatives: to protect an especially vulnerable category of people from the enormous police powers of the modern administrative state; and to respect an elementary exigency of sovereign stateness – that is, the capacity to draw a distinction between 'citizens' and 'aliens' as differently situated persons without a right of entry and permanence.     

Demokratie, Autokratie und die regulative Gestaltung der Außenwirtschaftsbeziehungen in Entwicklungsländern

This paper investigates into the political determinants of trade policy regulation in developing countries. When choosing between the trade policy instruments tariffs and quota governments consider the effects of these policies on their political support from interest groups and voters. It is argued that quantitative restrictions become increasingly less attractive as a country democratizes. Instead, motives of revenue generation gain importance. Therefore, the likelihood of democratic governments choosing quota is smaller than for their autocratic counterparts. Empirical tests based on a sample of 75 developing countries for the years 1979–1998 support the hypothesis.     

Democracy and the Violation of Human Rights: A Statistical Analysis from 1976 to 1996

Most studies posit and identify a linear and negative relationship between democracy and the violation of human rights. Some research challenges this finding, however, suggesting that nonlinear influences exist. Within this article, we examine the structure of the relationship between democracy and repression during the time period from 1976 to 1996. To conduct our analysis, we utilize diverse statistical approaches which are particularly flexible in identifying influences that take a variety of functional forms (specifically LOESS and binary decomposition). Across measures and methodological techniques, we found that below a certain level, democracy has no impact on human rights violations, but above this level democracy influences repression in a negative and roughly linear manner. The implications of this research are discussed within the conclusion .     

Sustainable development revisited

Before one can talk about “sustainability”, economic development has to have occurred, and the traditional motor for development has always been economic growth, says Professor Karl Heinrich Oppenländer, President of the ifo Institute for Economic Research. He poses the questions, Is growth policy the best social policy? Has the social market economy failed because of its ties to economic growth, or has this growth simply been too small? What would a strict adherence to the concept of sustainable development mean? This paper was originally presented at the IIPS 10th Anniversary Symposium, “Transforming the Global Order for the 21st Century,” held in Tokyo on 18–19 May 1998.     

The relationship between Kenneth Koma and the Botswana Democratic Party, 1965-2003

This article assesses the weaknesses of opposition in Botswanathrough the case of Kenneth Koma, the influential Presidentof the Botswana National Front (BNF) from 1977 to 2001. Thisis done by examining the perception that from 1997 Koma's relationshipwith the ruling Botswana Democratic Party (BDP) destabilizedand weakened the opposition in the country. The article challengesa view, held by some of his detractors in the opposition, thathis leadership style was out of tune with global trends. Italso argues that what some people have viewed as ‘tribalism’— the domination of the BDP leadership by members of theBangwato tribe (of which Koma is also a member) — seemsto be primarily a matter of expediency. This alleged tribalismis used by Koma's critics as a smear. The article analyzes therelationship between Koma and the BDP at both political andpersonal levels. At the political level, Koma's failure to keepthe BNF united has been capitalized on by the BDP to tightenits grip on power. At the personal level, Koma has used hisconnections in the BDP to advantage in his business dealings.Koma's cult status and his personal and political choices havetherefore significantly contributed to de facto one-party rulein Botswana.     

Views on the ‘Four Comprehensives’

<正>The"Four Comprehensives"may constitute the main pillars for the next phase of the Chinese social and economic transformation.The general direction of these principles is,however,not new.It has been widely recognized that China needs ongoing reforms for more sustainable and socially inclusive growth.Otherwise,imbalances will increase,posing higher risks to the Chinese and world economy.Being principles,they are rather vague and leave much room for interpretation and adjustment.Concrete targets on the social and economic transformation have not been set.The need for reforms is urgent in many areas,and it is a challenging task to keep the balance.Development priorities Future GDP growth should become more sustainable and should not harm the environment.Eco-friendly growth can be supported if the service sector accounts for a higher share of the economy.The service sector is also less productive on average,implying that high employment can be realized even at     

Linking democratic anchorage and regulatory authority: The case of internet regulators

Scholars and practitioners have repeatedly questioned the democraticness and the authority of transnational multi‐stakeholder organizations, especially those that regulate the internet. To contribute to this discussion, we studied the “democratic anchorages” and the regulatory authority of 23 internet regulators. In particular, we conducted a fuzzy‐set qualitative comparative analysis assessing whether and which anchorages correspond to necessary and/or sufficient conditions for exerting regulatory authority. Our results show that strong anchorage in democratic procedures is specifically relevant for this outcome. Further, we find that weak anchorage in democratically elected politicians leads to high regulatory authority, confirming the significance of non‐state actors in this policy field. More generally, our findings support but also qualify expectations about the compatibility and mutual reinforcement of democratic quality and regulatory authority at the transnational level.