How Exclusive is Assembly Democracy? Citizens' Assembly and Ballot Participation Compared

This paper analyses the difference between two specific forms of citizens’ involvements, namely whether a vote is cast by ballot or in a citizens’ assembly in which people gather in town halls to decide legislative questions in a deliberative manner. We show both theoretically and empirically how citizens’ assemblies and decisions at the ballot box substantially differ not only in terms of their underlying model of democracy, but also in their structural conditions and, thus, with respect to the social inequality of participation. We test our hypotheses in a Bayesian multilevel framework using real participation data collected from 15 political decisions made in a Swiss commune. Our results show that citizens’ assemblies are not only characterised by lower participation rates, but also by a particular composition of the electorate. While citizens’ assemblies are more equal regarding income groups, ballots favour a more equitable participation in terms of gender and age.     

Change beneath the surface: the 2016 Northern Ireland Assembly election

Preceded by a string of institutional crises and sustained political wrangling, the Northern Ireland Assembly election held in May 2016 cemented the grip of the Democratic Unionist Party and Sinn Féin over the province’s power-sharing institutions, while certifying the impasse of their intra-bloc rivals. Eighteen years after the Good Friday Agreement, the electoral campaign continued to feature emotionally charged ethnic appeals. Nonetheless, socioeconomic issues were at the fore of the political debate, contributing to the limited yet significant advance of non-sectarian actors. Beneath the surface of a mainly unaltered Assembly makeup and unchanged ethno-political geography, the vote resulted in a decline in support for the traditional governing parties, particularly in the nationalist camp. In the aftermath of the vote, the formation of an officially recognized Opposition has opened uncharted political waters.     

Damage characteristics of fabrics created by TASER probes

TASER® weapons are conducted energy weapons (CEWs) that are frequently used by police departments around the world. CEWs can be deployed in two methods: drive stun application and probe deployment. This study aims to examine damages caused by TASER devices on fabrics and whether types of fabric material and TASER models could contribute to different damage features. Three types of white fabric were used, including 100% cotton, 100% polyester, and 65:35 polyester-cotton blend. Three models: TASER X26P, TASER X2, and TASER 7 were shot onto each type of fabric, with five repetitions each. Each damaged area on the fabric caused by a probe is a sample (n = 90) and was examined with a Keyence digital microscope. Images were captured by the Keyence microscope and measurements were recorded, including damage dimensions, fabric condition, evidence of burning, and extra findings. The presence of fused yarn ends was found to be statistically significant across the fabric types, and no damage features were found that may assist in the identification of TASER models. Other damage features including damage dimensions, discoloration, and fiber deformation were not found to be showing apparent differences according to statistical analysis. The conclusions made by this research should be used with caution due to the small sample size.     

Deliberation,Citizen Science and Covid-19

Rather than aiming to produce more ‘rational’ or more ‘other-regarding’ citizen judgements (the outcome of which is uncertain), deliberative democratic exercises should be re-designed to maximise democratic participation. To do this, they must involve citizens and experts, a novel arrangement that will benefit both cohorts. For the former, a more inclusive form of deliberation will offer an opportunity to contribute to political discussion and be listened to by people with political or policy-based authority. For the latter, it will provide a venue through which expertise can be brought to bear on democratic decision making without risk of scapegoating or politicisation. More broadly, deliberation that prioritises dialogue (over, say, opinion change) affirms the principle that political decisions reflect value judgements rather than technically ‘right’ or technically ‘wrong’ answers—judgements that are legitimate if arrived at through discussion involving the people due to be affected by the resultant policy. This article sets out the advantages of this form of deliberation—which bears some similarity to certain types of citizen science—in the context of the UK government’s responses to Covid-19; both the confused decision making evident to date, and the forthcoming re-opening phases that will prioritise or advantage some constituencies over others.     

非法集会、游行、示威存在的风险与成因及对策

非法集会、游行、示威有来自法律责任方面的风险和来自实施者内、外部的风险。非法集会、游行、示威的成因。一是受长期的封建历史重“人治”轻“法治”的影响;二是法制宣传不到位;三是有法不依,执法不严。处置非法集会、游行、示威应强化和完善“法治”理念;重视处置事件的公共预警;依法启动应急预案。采取果断措施控制事件;健全决策指挥机制,提高应急处置水平。     

对我国民法上非法人组织概念的质疑

我国民法典第102—107条对非法人组织的规范重点没有放在其"社团性"和"团体性"上,而是将其放在"不具有法人资格,但是能够依法以自己的名义从事民事活动"、"其出资人或者设立人承担无限责任"上,没有能够反映出非法人组织的本质特征。更为严重的是:(1)不区分经营性与非经营性非法人组织,一律让其成员承担无限连带责任。这不符合很多非经营性,甚至公益性非法人组织存在的宗旨,对其存在和发展不利,也不符合中国国情和比较法上的一般理论与实践。例如,中国法学会下属的许多学会都是典型的非经营性非法人组织,会员如何能够对学会的债务承担连带责任?无论从会员加入学会的愿意和内心、人们对学会的期望,还是习惯,都是不可能的。(2)明确把合伙企业纳入到非法人组织中去。这样一来,就彻底抹杀了非法人组织与合伙的基本区别,从而也就无从把非法人组织与我国法上的"两户"区分开来。另外,业主大会与业主委员会关系及主体性问题也应当在非法人组织的框架内得到妥善的解决。     

"集体行动"与"人的联合"——以集会、游行为核心的分析

集体行动是在一定的法律框架之下,由聚合的人们进行的一种群体行为.集体行动有利于弥补代议制度的不足,畅通民意的表达渠道,并提供产生社会影响的公共论坛.在人权的意义上,集体行动表达了"不平则鸣"的人性诉求,有利于成熟人的心智,并避免个人怯于公开表达的心理障碍,为人们的政治历炼提供了契机."共同目标"与"一致行动"体现了集体行动的内在、外在价值,正是通过这些价值的展现,人的联合在集体行动中得以有序的进行.     

Regulating factory safety in the Bangladeshi garment industry

This paper examines how far the workplace inspection program established under the 2013 Accord on Fire and Building Safety has served to improve safety in Bangladesh garment factories, and the extent to which its operation has been influenced by factors that the literature suggests are important in shaping the outcomes of private regulatory initiatives. The findings suggest that such regulation can generate positive outcomes, even in the absence of strong public regulatory support. They also caution against discounting the role of compliance‐based enforcement strategies, while highlighting the importance of their adequate resourcing and transparency. Some support is also offered for the argument that such regulatory initiatives could directly influence the market dynamics that shape supplier working conditions.     

International Best Practice and the Constitution,Democracy and Rights Commission

The UK government has pledged to establish a Constitution, Democracy and Rights Commission. This body will have a wide remit to recommend potentially sweeping constitutional change. This article draws on international experience and best practice to outline how the commission might best organise the process to produce proposals which are widely supported, fit for purpose, and durable. We argue that to achieve these goals the commission’s organisation should reflect three key principles: impartiality, expertise, and public participation. This would reflect international best practice and build on recent domestic developments. We argue that these principles can best be achieved if the commission works through a citizens’ assembly that combines members of the public with party politicians. This would be a new departure for the UK, but a necessary one given the scale of the government’s constitutional reform agenda, and its stated goal of restoring public trust in politics.     

我国集会权研究现状的考察与评论——以近三十年来的文献为中心

集会权是核心人权之一,也是世界上大多数国家通过宪法明文规定的一项基本权利。然而,对国内近三十年来集会权研究文献的考察表明,该领域的研究总量较少,质量不高;对策性研究较多,学理性研究偏少;研究的面尚未展开,也缺乏系统深入的研究成果。国内学者对集会权缺乏应有的关注与重视,相关研究无论是在广度上还是深度上,亟需拓展与深化。集会权的基本问题研究、西方国家集会权的历史与比较研究、我国现行《集会游行示威法》的修改研究和集会活动的应对与处置研究应是进一步拓展与深化的研究方向。