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Anthony W. Pereira 《Human Rights Review》2003,4(3):3-16
Recent judicial reforms after democratic transition have been substantial and relatively successful in Chile, but much less
so in Argentina and Brazil. This article traces this variation in outcomes to the legal strategies of the prior authoritarian
regimes. The Brazilian military regime of 1964–1985 was gradualist in its approach to the law, and had a high degree of civilian-military
consensus in the legal sphere. It was not highly repressive in its deployment of lethal violence, and this combination of
factors contributed to a gradualist and consensual transition in which judicial reform was not placed high on the political
agenda. The Argentine case of military rule between 1976 and 1983 was almost the opposite. The military sidestepped and even
attacked the judiciary, engaging in almost entirely extrajudicial violence. This generated a “backlash” reform movement after
the transition to democracy that was mostly retrospective and only partially successful. In Chile, in contrast, the military
engineered a radical break with previous legality, engaged in violent repression, but made considerable efforts to reconstruct
a judicial order. It was in the aftermath of this situation that reformers were able to push through a prospective and relatively
successful judicial reform. This article's findings suggest that judicial reform may be more likely to succeed where the prior
authoritarian regime was both repressive and legalistic, as in Chile, Poland, and South Africa, than where high degrees of
repression were applied largely extrajudicially, as in Argentina, Cambodia, and Guatemala, or where the authoritarian regime
was legalistic but not highly repressive, as in Brazil, Mexico, and the Philippines. 相似文献
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Carlos Santiso 《公共行政管理与发展》2003,23(4):297-305
The 1990s ended equivocally in Latin America. What has gone wrong? Is economic failure the cause or the consequence of the democratic decay and the erosion of governance throughout the region? The review essay revisits the debate on the intricate links between politics and economics in the second stage of reform. Moving beyond standard typologies of regime type, it explores the interactions between the quality of democratic governance and the performance of economic policy under democratic auspices, in particular its credibility. It is now amply recognized that reforms have been hindered by inefficient unreliable and unaccountable government institutions. Furthermore, the manner in which market reforms have been implemented has undermined governance and accountability. The importance of policy credibility has essentially been neglected as a pivotal condition for effective economic reform. Consequently, policymakers propose a new round of reforms, centring on strengthening the institutions of governance and modifying the incentives shaping public policy. The essay argues that restoring the credibility of policy requires a fundamental redefinition of the state and reforming the methods of government and the styles of policymaking. The defining challenge of Latin American countries is to strengthen capacity to adequately implement policy and credibly commit to policy reform. Copyright © 2003 John Wiley & Sons, Ltd. 相似文献
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Carlos Santiso 《公共行政管理与发展》2004,24(3):277-278
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This article analyses the Portuguese presidential elections of January 2016, setting these within the backdrop of recent semi-presidential practice in Portugal. The election took place in the context of an apparent hollowing of the presidency, a pattern that potentially reflects the bailout that marked most of the second term of the outgoing president, Cavaco Silva. This pattern also helps explain the second-order nature of this presidential election. Despite potentially being an ‘open’ election – in that the incumbent had reached term limits – the election was characterised by low citizen mobilisation, low partisan involvement and low competitiveness. The initial two months of the newly elected president, Marcelo Rebelo de Sousa, suggests he is seeking to invert this hollowing pattern by mobilising popular support behind the presidency. 相似文献
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Carlos Santiso 《公共行政管理与发展》2008,28(1):67-84
How effective are autonomous audit agencies (AAAs) in curbing corruption and improving fiscal governance in emerging economies? AAAs are autonomous oversight agencies tasked with scrutinising government finances. However, they are not as effective as they could or should be, partly because of the political constraints they face and the political economy context in which they are embedded. This article assesses the performance and trajectory of the Argentine AAA. It suggests that AAAs can have only a limited impact when formal fiscal institutions are undermined by informal practices and undercut by adverse political incentives. It further highlights the limits of radical reform strategies based on the import of exogenous institutional models. This research has important research and policy implications for the reform and strengthening of AAAs in developing countries. Copyright © 2007 John Wiley & Sons, Ltd. 相似文献
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