契约行政之行政主体特权责任论析

行政合同特权责任是行政主体在契约行政过程中因违法或不当行使行政合同特权而引起的兼具行政属性与契约内涵的特殊行政责任形式。其基本构成要件为责任主体、主观过错、客观行为以及行为与损害之间的因果关系。这一责任形态在行政合同的缔结阶段、履行阶段以及后契约阶段均可存在。其主要责任形式为继续履行、赔偿损失、补偿金以及作为特殊补充责任形式的违约金,但违约金责任的适用应作严格规则控制。     

Are European Elections Second-Order Elections for Everyone?

Second-order election (SOE) theory has been used to explain voting behaviour in European elections. Voters believe that less is at stake in some elections and some voters hence tend to cast a protest vote. However, most studies on the topic have focused on the demand side of SOEs – i.e. on the voters – and have ignored or only partially tackled the supply side – i.e. the strategic behaviour of parties – and excluded small and marginal parties (SMPs). However, SMPs may have greater incentive to seriously compete in SOEs. The 2019 European Parliament elections in Germany were particularly interesting to SMPs as there was no voting threshold, thereby increasing the chances of SMPs. To capture whether SMPs view European elections as first-order elections and therefore expend more resources than parliamentary parties on these elections, I analysed campaign expenditures and manifestos. Results indicate that SMPs act within a rational actor framework, though not unequivocally.     

The Impossibility of Party Unity in Peru: Party Affiliation,Subnational Electoral Competition and Party Discipline (2011–2019)

Party division in Peru is a constant event and has become an expected feature of Peruvian parliamentary politics. For instance, in 2016, the elected Congress was composed of six parliamentary groups, and at the moment of its dissolution, that number doubled. This article explores the factors that produce such rapid division in the Peruvian Congress during two parliamentary periods (2011–2016, 2016–2019). It argues, through quantitative analysis, that there is a direct and negative relationship between the fragmentation of parliamentary groups and party discipline due to party affiliation and the dynamics of subnational party competition.