Consensus and direct democracy: Conceptual and empirical linkages

The first part of this paper draws a number of theoretical connections between various forms of direct democracy and the two types of democracy outlined by Lijphart. Plebiscites and mandatory referendums without quorums of consent are shown to correspond to majoritarian forms of democracy, whilst optional referendums and initiatives with quorums of consent are shown to share similarities with power–sharing forms. The second part of the paper offers an empirical analysis of the different use of citizen–initiated referendums (optional referendums and initiatives) in Switzerland's consensual systems (i.e., cantons) by examining to what extent the various elements of power–sharing are developed. It is argued that referendums and initiatives are used less frequently when government coalitions have greater strength and local autonomy is more developed.     

Must Democracy Continue to Retreat in Postcommunist Europe and Eurasia?

In late 2004, Ukraine's Orange Revolution appeared to herald a second wave of democratic transformation destined to sweep through much of postcommunist Europe and Eurasia. Now, only three years later, this wave has dissipated. Some analysts see democracy as being in retreat and they view the lessons of 1989-2004 as no longer applicable. This article posits that democratic progress is, in fact, still achievable in many former communist countries, and that a look at recent history provides important perspectives towards that goal. However, both the region's reform leaders and Western policy makers must also take full account of the new “post-postcommunist” paradigm. This paradigm is characterized by Russia's negative and increasing influence, the European Union's “expansion fatigue,” the waning of U.S. democracy-promotion efforts and credibility, and some degree of democratic disillusionment. With re-invigorated and more united efforts, the impressive post-1989 gains in democratization can be consolidated and new momentum built towards the goal of “a Europe whole and free.”     

Challenges to Intergovernmental Relations in Switzerland and Japan

In comparing Switzerland and Japan with respect to intergovernmental relations, differences are more obvious than similarities. Switzerland is a strongly federalist country. In contrast, Japan was clearly centralist in the past, and despite continuing decentralization reforms, it is usually still considered to be so today. The influence of the lower levels of government on the national legislative process remains comparatively low in Japan. Its centralized political structure seems to fit Japan's homogeneous culture, while on the other hand Swiss federalism has proven to be apt for the integration of minorities and for respect of cultural diversity. In spite of obvious basic differences, intergovernmental relations in these two countries face similar challenges: the concentration of human and economic resources in urban areas, the weakening of sub‐national parliaments, and financial strain.     

Creativity in Court‐Connected Mediation: Myth or Reality?

In this study, we examined creativity in court‐connected mediation. We analyzed 129 mediated agreements from civil cases in Norway and Denmark and compared the outcomes with the parties' original claims to determine whether the agreement addressed only the disputants' demands or contained other elements. If the mediated agreements contained elements in addition to the original claims, we considered them to be “creative.” We devised a creativity scale and found that approximately two thirds of the cases contained creative elements and one quarter of them contained more than five creative elements. We then sought to determine which aspects of the mediation promoted creativity by looking at a variety of mediation characteristics (length of mediation, characteristics of the parties, etc.). We found that lengthier mediations tended to feature more creativity as did cases that involved two private individuals rather than businesses. Cases whose issues involved inheritance as well as the division of property following divorce seemed to foster the highest levels of creativity. Finally, we found that the amount of money at issue also seemed to be relevant: the highest levels of creativity were found in cases in which more money was at stake. In this article, we also discuss the implications of our findings for future research, practice, and training.     

Mastering Emotions or Still Losing Control? Seeking Public Engagement with ‘Sexual Infidelity’ Homicide

This article explores the prospects and pitfalls faced by a feminist legal scholar wanting to set up a ‘sexual infidelity’ homicide public engagement project. Following Carol Smart’s suggestion that law is an important site of engagement, counter-discourse and critical feminist interventions, it argues that provocation by infidelity femicide cases are ideal sites for continuing the project of encouraging discursive struggle. The cases cry out for conversion into a critical, pedagogical means of mobilising consciousness about emotional excuses for violence against women.     

Spatial Rivalry and Coups Against Dictators

Dictators' survival depends on the effectiveness of their coup-proofing tactics. Yet coup-proofing strategies can become ineffective in the presence of certain structural conditions that enhance the resources, organizational power, and coordination capacity of the army. One such structural condition is the presence of spatial rivalry, international rivalry over disputed territory. Autocratic incumbents invested in spatial rivalries need to strengthen the military in order to compete with a foreign adversary. The imperative of developing a strong army puts dictators in a paradoxical situation: to compete with a rival state, they must empower the very agency—the military—that is most likely to threaten their own survival in office. This logic suggests that authoritarian regimes engaged in spatial rivalries will be more vulnerable to coups. Indeed, relying on the most comprehensive coup dataset to date, this article reveals that rivalry over territory is a robust predictor of coups against autocrats. The findings carry implications for research on civil–military relations, international rivalries, and organizational dynamics within authoritarian regimes.     

‘Thoroughly reforming them towards a healthy heart attitude’: China’s political re-education campaign in Xinjiang

ABSTRACT

Since spring 2017, the Xinjiang Uyghur Autonomous Region in China has witnessed the emergence of an unprecedented re-education campaign. According to media and informant reports, untold thousands of Uyghurs and other Muslims have been and are being detained in clandestine political re-education facilities, with major implications for society, local economies and ethnic relations. Considering that the Chinese state is currently denying the very existence of these facilities, this paper investigates publicly available evidence from official sources, including government websites, media reports and other Chinese internet sources. First, it briefly charts the history and present context of political re-education. Second, it looks at the recent evolution of re-education in Xinjiang in the context of ‘de-extremification’ work. Finally, it evaluates detailed empirical evidence pertaining to the present re-education drive. With Xinjiang as the ‘core hub’ of the Belt and Road Initiative, Beijing appears determined to pursue a definitive solution to the Uyghur question.     

Missing links in nanomaterials governance: bringing industrial dynamics and downstream policies into view

In this article we explore some of the analytical and policy implications of widening the focus of nanomaterials governance from risk regulation to the broader issue of the purposeful direction of the innovation process. We focus on the impact of industrial activities on nanotechnology governance, arguing that the specific characteristics of the industrial dynamics of nanomaterials—flexibility in applications and distributed innovation—limit and enable different potential interventions to shape technology. In particular, these characteristics exacerbate the difficulties of attempting to directly influence innovation trajectories. Under these conditions, we argue that policies for nanomaterials governance need to be broadened. The prevailing emphasis in the UK on policy initiatives ‘upstream’ in the R&D process, while commendable, should be complemented with policies aimed further ‘downstream’ at potential users of nanomaterials, such as renewable energy procurement or housing regulations in order to modulate technological development towards socially desirable goals.