Minority rights and the dialectics of the nation: Otto Bauer’s theory of the nation and its contributions to multicultural theory and globalization

Conclusion This article analyzed Otto’s Bauer idea of the nation and assessed its meaning and significance qua liberal nationalism and the expansion of national minority rights in Europe. It argued that Bauer's formulation of the same rights for all minorities exposed certain limitations of multicultural theory, namely the failure of liberal multicultural theorists to adequately address the consequences of special minority rights and the potentially transformative role of labor in liberal societies that necessarily seek to be inclusive. Further, Bauer's idea of cultural autonomy raised important and relevant implications for advancing national minority rights in Europe. In particular, his initiative exposed possible ways to promote the social of cultural rights of EU Charter on Fundamental Rights. Given this and the EU's commitment to labor rights, it is curious that Bauer’s theory has not received the attention it deserves. Indeed, even if Bauer's ideas prove somewhat non-conventional by liberal standards, it is still important that we see his ideas as serving some elemental purpose in linking the advancement of national values and sentiment with the EU goal of integration.     

Legislative influences in Japanese budgetary politics

Following World War II (W.W.II), Japan adopted a democratic parliamentary system. Since its formation in 1955 the Liberal Democratic Party (LDP) had monopolized Japanese legislature (Diet) for over 35 years. However, it is said that at the center of the budgetary process was the Ministry of Finance (MOF). Elite bureaucrats rather than politicians are typically seen as the agenda-setter. The action of politicians, in particular members of the LDP, to influence the budgetary resource allocation has been largely unexamined. This paper empirically examines the influence of the LDP on the supplementary budget formation and on the revenue-sharing. We find that the LDP had a significant impact on the budget formation. Further, we find that the LDP manipulated transfers from the central government to local governments presumably to maintain its electoral positions.     

Arab States and the Role of Islam in the International Criminal Court

This article assesses the various disagreements between Arab and western states that surfaced at the 1998 Rome Conference and Preparatory Commission. It also discusses the relationship between state repression and cultural adaptation by examining the undeveloped domestic criminal systems of Arab states and the ambiguous role played by shariah (Islamic law) in the constitutions of many of them. It argues two main points: that more mutual accommodation will be needed to resolve these and future conflicts between Islamic and international law; and that such conflicts between the ICC and Arab states expose the need for further cultural adaptation to the ICC Statute. It is out of this process of cultural adaptation that the relationship between Islam and serious international crimes will evolve.     

Indians 78, Washington State 0: Stories about Indians and the Law

In the 1970s Washington State lost a series of legal cases related to Native Americans. These cases exemplify the need for knowledge of federal Indian law-but such knowledge, out of context, is insufficient. Key aspects of federal Indian law are hard to accept because of conflicting stories that Americans already believe. The authors discuss the importance of stories and review commonly believed stories that block acceptance of federal Indian law. They then discuss basic principles of Indian law and distill four questions to help determine tribal jurisdiction. The authors review the Marshal trilogy—three Supreme Court cases that set the foundations of modern Native American law—and show how the legal principles play out in an analysis of three contemporary court cases.     

Neither Seen Nor Heard: Children's Citizenship in Contemporary Democracies*

This article addresses the subject of children's citizenship in liberal democracies. While children may lack full capability to act in the capacity of citizens, the political status to which they have been relegated leaves much to be desired. Paternalist policies dictate that children be represented politically by their parents, leaving them as or more vulnerable and excluded from private life as women were under coverture. Lacking independent representation or a voice in politics, children and their interests often fail to be understood because the adults who do represent them conflate, or substitute, their own views for those of children. Compounding this damage is the tendency for democratic societies to view children not as an ever-present segment of the populace, but rather as future adults. This encourages disregard for children's interests. Until democratic societies establish a better-defined and comprehensive citizenship for children, along with methods for representation that are sensitive to the special political circumstances faced by children, young people will remain ill-governed and neglected by democratic politics.     

Notes on contributors

The process whereby queen Athaliah was deposed and replaced as monarch of Judah by the boy‐king Joash in the seventh century bce warrants analysis as a typical ‘coup d'etat’. The purpose of the present article is to interpret the relevant biblical narratives (II Kings II and 11 Chron. 23) in terms relevant to that political concept. Specifically, it posits that the organization and implementation of this highly successful coup can be illuminated by reference to modern political science literature on regime change. Thus read, the biblical records of the episode constitute a detailed ‘how to’ manual of political action.