Developing Administrative Principles in the EU: A Foundational Model of Legitimacy?

This paper argues that administrative legitimacy has been neglected as having the potential to provide a foundation for the legitimacy of the EU institutions. The development of the administrative law‐type mechanisms within the EU is almost exclusively focused on the activities of the Member States as the main implementers of Union law. This has left an administrative gap at the level of the EU institutions, with little evidence of determinative horizontal administrative principles to be found in either the Treaties or the case‐law of two European courts. Where the courts have acted, they have adopted a sectoral and highly circumscribed approach to the development of administrative norms. The paper examines whether administrative principles can be harnessed as a mechanism for increasing the EU's legitimacy and, if so, how these principles fit with the institutions' approach to the legitimacy question. Post Lisbon, can evidence be found within the Treaties that the administrative route to legitimacy has not been entirely foreclosed? This paper proposes a model of administrative legitimacy for the EU level of administration that provides a foundation for the interconnected concepts of good governance and political legitimacy.     

Protectors on trial? Prosecuting peacekeepers for war crimes and crimes against humanity in the International Criminal Court

Allegations of criminal conduct have been made against UN peacekeeping personnel. While only a small number commit criminal offences, these personnel must be held accountable for their actions. Ensuring accountability is difficult due to jurisdictional issues, including in which jurisdiction (host state, sending state, or third state) to prosecute offenders. However, the possibility of the International Criminal Court exercising jurisdiction over peacekeeping personnel (civilian or military) has not really been considered. This article will examine the potential applicability of the substantive law of war crimes and crimes against humanity under the Rome Statute to crimes committed by peacekeeping personnel.     

A Far-Reaching Strategy

<正>The U.S.and Chinese economies are closely intertwined.When China’s economy is strong,ours can prosper as well.When China’s economy falters,theAmerican economy also suffers.We share many common challenges that neither side can address alone,such as the battle to combat global climate change,which already     

Northern theories,Southern movements? Contentious politics in Africa through the lens of social movement theory

ABSTRACT

The article examines the extent to, and the conditions under which theoretical approaches from Social Movement Studies, mainly developed based on empirical experiences from the Global North, are appropriate for analysing contentious politics in the South, particularly in sub-Saharan Africa. In order to answer this question, the article discusses whether social movements in Africa differ fundamentally from those in other world regions. Four main approaches from social movement theory are examined: resource mobilisation, political opportunity structures, framing, and collective identity, to find out how suitable they are for explaining empirical phenomena in Africa. It is argued that social movements in Africa are not principally different from those in other world regions. Approaches from social movement theory prove helpful in explaining phenomena in the South, although they suffer from the same weaknesses and limitations to their scope as they do regarding movements in the North.     

The Effects of Prior Workplace Behavior on Subsequent Sexual Harassment Judgments

A dual processing model of sexual harassment judgments predicted that the behavior of a complainant in a prior case would influence evaluations in an unrelated subsequent case. In the first of two experimental scenarios depicting social-sexual conduct at work, the female complainant's conduct was manipulated to be aggressive, submissive, ambiguous, or neutral. Half of the participants were asked to reflect upon the first scenario after reading it and before answering responsibility questions. The other half simply reviewed the scenario and answered the questions. When the complainant acted aggressively, her behavior in the first scenario caused men who reflected on the fact pattern to find less evidence of harassment. Most interestingly, an aggressive complainant observed in the first scenario caused participants (especially women) to rate lower the likelihood that a neutral complainant in a second independent case was the victim of gender discrimination. Across cases, men found less evidence of harassment than did women.     

Foreign,criminal: a doubly damned modern British folk-devil

An association of strangers with danger and criminality is one of the most enduring social myths. However, in the UK, it was only after a media outcry 10 years ago over the release of foreign nationals from British prisons, that the ‘Foreign Criminal’ exploded into political and popular consciousness. Despite the small numbers of people involved, the location of this folk devil at the intersection of legal and moral assessments of ‘wickedness’ and alterity imbues it with considerable potency and has ensured that its reverberations are still felt strongly a decade later. Drawing on qualitative research with immigration detainees, deportees and irregular migrants, the article considers some of the many faces of the Foreign Criminal and illuminates their racialised, classed and gendered natures. It argues that a twin set of developments – coalescing around Operation Nexus and curtailed Article 8 right protections – work together to taint a growing number of non-citizens with criminality, whilst simultaneously undermining their claim to belong. Case studies are presented to demonstrate the fault lines of this malleable and expanding category, and to argue that the Foreign Criminal is paradigmatic of both social disorder and national boundaries, and is fundamentally shifting the lines of citizenship and belonging.     

Children’s and Adolescents’ Expectations about Challenging Unfair Group Norms

Youth often hold group norms that perpetuate inequality. One way these norms can be changed is by challenging these norms by choosing to include new members into these groups who hold morally just norms. In the current study, children’s and adolescents’ inclusion decisions and social reasoning about challenging group norms through inclusion were investigated. The sample included 9–10 (children) and 13–14 year-olds (adolescents) (N?=?673, 54.4% female). Participants supported including challengers into groups holding norms supporting relational aggression and unequal allocation of resources, but they were less likely to support including a challenger into a physically aggressive group. Age-related differences and gender differences were found: children and female participants were more likely to include challengers than were adolescents and male participants. The findings indicate that youth support including new members who would challenge morally questionable group norms, but that their support depends on the specific norm the group holds.     

The Daily Social and Emotional Worlds of Adolescents Who Are Psychologically Maltreated by Their Romantic Partners

The purpose of this study was to examine how partner psychological maltreatment is associated with depression, daily interpersonal experiences, and affect. Participants were 67 late adolescents (17- to 22-years-old). Each participant completed a survey followed by reporting affect, and interpersonal hassles and uplifts for seven consecutive days. Compared to those low in maltreatment, participants in the high maltreatment group reported more hassles with partners and friends, less uplifts with family, and more depressive symptoms. Multilevel modeling showed that adolescents in the high as compared to the low maltreatment group were more interpersonally sensitive (defined as greater affective reactions to day-to-day interpersonal hassles). Results reveal that psychological maltreatment by partners is an especially potent experience that occurs along with greater romantic hassles and more interpersonal sensitivity. The effects of maltreatment were also found to spill over into relationships with friends and families by either being associated with more hassles and greater reaction to hassles or fewer uplifts and less reaction to uplifts.

R.S. Thomas: Ministering Otherness

This article is built around a deeply personal `response to text' –of a poem in response to a poem, where both deal with notions of identity. For myself, writing poetry is a cathartic (though infrequent) source of resolution; a space subject to different constraints from those present in the production of analytic scholarship. A consideration of the broader ideological matrix at work behind the poems suggests links between nationhood and language, class and religion, private and public identity, history and politics. Vast subjects, explored but briefly in the thoughts and notes produced for this article as `background' to the story of the poem cited at the end. For legal and political theory it is a reminder of the delicate interstices of influences traversed in any assertion concerning broad policy. As `scholar' I am constrained in the provision of any further assessment of my own process as `poet': what is provided attempts honesty. This revised version was published online in August 2006 with corrections to the Cover Date.