Oversight of Administrative Rulemaking: Judicial Review

The role of the courts in the review of administrative rulemaking raises profound questions as to the legitimate interference of courts in the exercise of administrative activities, which are often carried out in the pursuance of a legislative mandate. In contrast to the review of administrative acts of individual application, the Union courts have shown a more hesitant approach in the review of administrative rulemaking activities. This contribution will discuss the review by the Union courts of administrative rulemaking for compliance with procedural as well as substantive standards and will explore whether a convincing rationale for their more deferential attitude to the review of administrative rules can be provided. The article will explore to what extent lessons can be learned from the jurisprudence of the federal courts in the USA, which have struggled, even after the adoption of the Administrative Procedure Act (APA), with similar problems.     

The Conditional Nature of Political Risk: How Home Institutions Influence the Location of Foreign Direct Investment

What determines whether countries' institutions attract or deter investment? Although existing theories predict that multinational enterprises (MNEs) avoid locations where institutions cannot constrain public and private actors' opportunistic behavior, we argue host institutions' attractiveness depends on firms' home environment. Home country institutions shape firms' practices and capabilities, thus helping to determine the environments that firms are best prepared to face abroad. We test our predictions using multiple data sets at different levels of analysis: firm‐level data on MNEs' foreign subsidiaries, data on bilateral foreign direct investment (FDI) positions, and longitudinal data on bilateral FDI flows. We find that states with independent judiciaries are particularly attractive to investment from countries also possessing independent courts. Similarly, countries with low judicial independence disproportionately send FDI to countries lacking independent judiciaries. These findings' implications challenge conventional wisdom: “Good” institutions may not attract all investors, and “bad” institutions may not always deter, as current research suggests.     

‘Ek sê, heita!’: Kwaito and the construction of community

Abstract

Kwaito can be described as the new music of the new South Africa. Since its emergence over a decade ago, kwaito still blasts from minibus taxis, on the new urban commercial stations formed after media liberalisation, and on street corners from Cape Town to Johannesburg. Kwaito is young, vibrant and decidedly black. This is hardly surprising in a context where music, like everything else, is a highly racialised terrain. This article describes the emergence of kwaito, and explores community radio station, Bush Radio's, broadcasts of kwaito music, looking at how these broadcasts create a sense of community. First, kwaito's emergence within the context of South Africa's mainstream cultural industries is articulated. Then kwaito music is explored as a signifier of black identity. This article is located within a cultural studies framework, which approaches musical genres as cultural texts capable of generating multiple meanings (Grossberg, 1993).