Temporal Limits on the Legislative Mandate: Entrenchment and Retroactivity

According to the general wisdom, legislatures lack both the power to "entrench" their enactments against alteration by their successors and the power to "retroactively" undo the efforts of their predecessors. The author argues that, rather than being in conflict, these principles share a common theme. Legislatures operate as agents of the people under constitutionally defined mandates that are limited in time as well as scope. Actions that transcend—either forward or backward in time—the temporal delegation of authority conferred by periodic elections do not bind the electorate. In the first half of the article the author suggests that an understanding of the rationale behind the entrenchment prohibition can help shed light on a diverse group of issues including congressional power to prescribe internal rules of operation, constitutional amendment procedures, and legislative impairment of contracts. In the second half of the article the author takes issue with the traditional objection to retroactivity grounded on vested rights and unfulfilled expectations. In its place he proposes a theory of retroactivity embodied in republican principles concerning the temporal relationship between the people and their legislative agents.     

Taking a New Perspective: Mapping the Al Qaeda Network Through the Eyes of the UN Security Council

Network analysis has attracted significant attention when researching the phenomenon of transnational terrorism, particularly Al Qaeda. While many scholars have made valuable contributions to mapping Al Qaeda, several problems remain due to a lack of data and the omission of data provided by international organizations such as the UN. Thus, this article applies a social network analysis and subsequent mappings of the data gleaned from the Security Council's consolidated sanctions list, and asks what they can demonstrate about the structure and organizational characteristics of Al Qaeda. The study maps the Al Qaeda network on a large scale using a newly compiled data set. The analysis reveals that the Al Qaeda network consists of several hundred individual and group nodes connecting almost all over the globe. Several major nodes are crucial for the network structure, while simultaneously many other nodes only weakly and foremost regionally connect to the network. The article concludes that the findings tie in well to the latest research pointing to local and simultaneously global elements of Al Qaeda, and that the new data is a valuable source for further analyses, potentially in combination with other data.     

Foreigners Everywhere,Nationals Nowhere: Exclusion,Irregularity, and Invisibility of Stateless Bajau Laut in Eastern Sabah,Malaysia

ABSTRACT

This article explores impacts of national and regional policies upon the Bajau Laut, who occupy the maritime border region shared by Malaysia, the Philippines, and Indonesia. It considers how maritime movements, ethnogenesis, visions for economic development and commercial interaction have evolved in the region. These processes, combined with contemporary nationalism, border securitization, and conservation render such populations both prominent as a target of governmental action and invisible in terms of provision of social services and implementation of conservation initiatives. These facets complicate issues of political belonging within the state of Sabah, the nation-state of Malaysia, and the wider ASEAN region.     

Social Policy and the Authority of Evidence

The growing call for social policy to be evidence‐based implies that ‘evidence’ possesses an intrinsic authority. Much of the evidence used by governments to formulate or evaluate social policy is signified through statistics and the language of quantification. Evidence presented in this way has the appearance of certainty and a legitimacy that seems beyond challenge. Having an appreciation of the history and sociology of the ‘science of the state’, as statistics was originally defined, helps demystify the authority of social statistics. This enables policy‐makers and program administrators to better discern the policy merit of numerical evidence.     

西方CEO变更理论研究综述

任何一个公司在发展过程中都无法回避CEO的变更,这是公司最重要的战略决策之一,会对公司产生重大影响。正因为此,国外从上个世纪50年代就开始关注CEO变更问题,并形成一个专门化的研究领域。而这个领域的研究主要集中在三个方面,一是影响CEO变更的因素,二是CEO变更的继任机制,三是CEO变更的影响。     

Promoting the Rights of Victims in Under-Resourced Places by Using Science and Technology That Can be Used by Ordinary People,to Deal with Human Rights Violations: Bolstering the Right to the Truth

Liverpool Law Review - This article argues that while the right to the truth has come to the fore over the last few decades, victims around the world have not really felt its practical effect. It...     

Rethinking the German nation as German Dasein: intellectuals and Heidegger’s philosophy in contemporary German New Right nationalism

ABSTRACT

Most scholarship on far-right parties focuses on populism while largely ignoring the role of intellectualism. Disregarding the increasing support by well-educated voters, much of this literature appears to presume that populism and intellectualism in the far-right are separate rather than complementary phenomena. Against this view, this article uses Skinner’s concept of ‘innovating ideologists’ to explore the role of Heideggerian philosophy in the interplay between German New Right (GNR) intellectualism and Alternative für Deutschland (AfD) populism. To do so, Heidegger’s conception of ‘people’ is outlined before turning to the GNR’s use of these concepts in articles, books and speeches, by both GNR intellectuals and leading AfD members. The analysis shows that GNR and AfD actors refer to Heideggerian philosophy both in the context of intellectual circles and to wider audiences to legitimize an exclusive idea of nationhood based not on the illicit idea of race but on a more acceptable idea of history. The findings suggest that intellectualism and populism in the German far-right are closely connected. The article concludes that neglecting GNR intellectualism means underestimating the GNR’s and AfD’s capacity to bring about social change.