宪政视野下的司法独立——基于中外宪法文本的比较研究

宪法是国家制度设计的蓝本,是宪政理念最直接的体现,是司法独立的一面镜子,更是实践司法独立思想的首要制度保障。司法独立思想来源于古希腊政治哲学家的宪政思想与分权制衡的理念,它具有三大特征:司法权独立,法院独立和法官独立。就司法权力的独立而言,主要西方国家有两大特征:一是设置了专门行使司法权力的机构;二是明确规定了司法权力的独立行使范围。1949年以前,我国宪法文本对于"司法制度"的设计与西方国家存在着很大的相似性,有几个宪法文本就是学习与借鉴英美国家来制定的。1949年建国以后,我国宪法文本中对于"司法制度"的设计也与之前的风格迥异。     

Acute arsenic poisoning: clinical, toxicological, histopathological, and forensic features

This report describes a suicide case by acute arsenic intoxication via intravenous injection. A 30-year-old woman injected arsenic As (V) (sodium arseniate disodique: Disodium Hydrogena Arsenik RP) in a successful suicide attempt. Three hours following administration, the woman developed severe digestive symptoms. She was admitted to a hospital and transferred to the intensive care unit within 12 h of the massive administration of arsenic. Despite therapeutic efforts, over the next 2 h she developed multiorgan failure and died. A postmortem examination was performed. Pulmonary edema and congestion of liver were apparent. As (V) and As (III) were determined by high performance liquid chromatography and inductively coupled plasma mass spectrometry after mineralization of samples by concentrated nitric acid. Toxicological analysis revealed high concentrations of arsenic in biological fluids as well as in organs. Histopathological examination showed a typical indication of myocarditis. These findings were in agreement with acute arsenic poisoning. The symptoms developed by this young woman (intoxication by intravenous administration) were comparable to oral intoxication. The clinical signs, survival time, and administration type are discussed in light of the literature on acute and chronic arsenic poisoning.     

Semen analysis using methods of molecular genetics--a case report

The presented case report describes the exclusion of the suspect of a sexual offence by means of methods of molecular genetics. Pretests for prostate-specific antigen performed at the beginning of the investigation and cytological sperm tests were negative. Nevertheless, by combining the methods of differential lysis and DNA quantification a small number of spermatozoa could be demonstrated in the trace evidence. Subsequently, the profile of the woman's boyfriend, with whom she had had unprotected vaginal intercourse two days before the incident, could be detected in the fraction of the hard lysis.     

Political fragmentation, party ideology and public expenditures

In this paper we propose an original model of competition for effective political power between majority and opposition coalitions. The model indicates that the electoral margin of the majority and the fragmentation of both coalitions are key variables that determine their effective political power. We estimate the model in the case of the French départements. Our econometric results support the model and show that the per capita social expenditures in the French départements depend on the effective political power of the majority.     

Variability in Citizens’ Reactions to Different Types of Negative Campaigns

Do negative advertisements lower voters’ evaluations of the targeted candidate? We theorize that there is much to be gained by examining the variance in the content and tone of negative campaign messages and the variance in voters’ sensitivity to negative political rhetoric. We employ data from the 2006 Cooperative Congressional Election Study to investigate the impact of negative campaigning in U.S. Senate campaigns. We sampled 1,045 respondents in 21 of the 28 U.S. Senate races featuring a majority party incumbent and challenger. In addition to the survey data, we collected contextual data regarding the political advertisements aired during the campaigns and the news coverage of these campaigns in state newspapers. The evidence suggests that the impact of negative information is multifaceted, and under some circumstances, substantial. We find that uncivil and relevant negative messages are the most powerful, especially for people with less tolerance for negative political rhetoric.     

The Gapology of the Obama Vote in the 2008 Democratic Presidential Primaries

In their competition for the 2008 Democratic nomination, Barack Obama and Hillary Clinton developed distinct demographic bases of support. This study will analyze the demographic divides in the 2008 Democratic presidential primaries, focusing on the “gaps” that emerged in the support of Obama. Obama’s demographic bases of support were African-Americans, younger voters, educated voted, those with no religion affiliation, wealthier voters, males, political independents, and ideological liberals. Despite the considerable amount of attention given to the gender gap, a number of demographic gaps were more significant. Race was by far the most important gap and a key component of Obama’s victory was his tremendous support from African-American voters.     

Labor union membership and voting across nations

Despite a large literature on voter turnout around the world, our understanding of the role of labor union membership remains muddled. In this paper, we examine the relationship between union membership and voting. Using individual level International Social Science Program (ISSP) data from thirty-two countries, we find that union members are more likely to vote and that the substantive effect rivals that of other common predictors of voting. This relationship is also largely invariant across an array of demographic factors, indicating that unions tend to be “equal opportunity mobilizers.” We also find that unions have “spillover” effects: controlling for a variety of other factors, even non-union members are more likely to turn out to vote in countries with higher union densities. In sum, we find that labor unions have a consistent political influence across a wide set of countries.     

Contracting for Indigenous Health Care: Towards Mutual Accountability

In Australia and other industrialised countries, governments contract with the non‐government sector for the provision of primary health care to indigenous peoples. Australian governments have developed policies and funding programs to support this health sector, but the current arrangements are unduly complex and fragmented. The results of our study show that the complex contractual environment for Aboriginal Community‐Controlled Health Services (ACCHSs) and their funders is an unintended but inevitable result of a quasi‐classical approach to contracts applied by multiple funders. The analysis in this article highlights potential policy and program changes that could improve the effectiveness of funding and accountability arrangements, based on the use of an alliance contracting model, better performance indicators and greater clarity in the relative roles of national and jurisdictional governments.