再论宪法概念

宪法概念是法律事实而非社会事实,是制度事实而非自然事实,是规范事实而非生活事实,具体表现为宪法所规范的权利义务关系。它既可存在于形式宪法中,也可存在于实质宪法中,其中宪法文本是宪法概念最主要的表现形式。如果以社会学或者哲学方法进行研究,宪法文本并非不可以批判,但法学方法的宪法学是对宪法概念进行描述基础上的逻辑分析,并体系化。欲证立中国宪法概念,须以普遍性宪法价值为前提,以中国宪法文本为基础,厘定其法律含义,梳理其传承和变化过程,确立这些宪法概念的当代含义,按照我国宪法理论和法律逻辑使之体系化。这意味着对宪法概念的研究必须回到宪法文本,体系化的宪法学可称为宪法释义学。     

The Liberal Democrat Dilemma in Historical Perspective

This article examines Liberal and later Liberal Democrat relationships with other parties, whether through pacts (either electoral or parliamentary) or pursuing realignment. It shows how dilemmas that the Liberal Democrats may face in the future over what to do in a hung parliament have been a constant theme in Liberal politics since the electoral cooperation with Labour in 1906 and the parliamentary arrangement with Irish nationalists in 1910. It then argues that since 1918 the Liberals have been divided between those who were sympathetic to pacts and arrangements with other parties and those who feared compromising their independence. However, it is argued that Liberals fearful of a loss of independence were never able to offer a really effective answer as to how they could succeed in exerting political influence without cooperation. This remains a live debate for the Liberal Democrats.     

Social Democracy or Social Liberalism? Ideological Sources of Liberal Democrat Policy

Liberal Democrat policy has been labelled as social democratic, yet the party has been reluctant to so describe itself. Taking Crosland's The Future of Socialism as a reference point, there appears to be much shared ground between social democracy and Liberal Democrat policy. Meanwhile, the party's tax policy adopted in 2006 takes the Croslandite approach of taxing wealth rather than income. Despite this, the article argues that the party is a social liberal rather than a social democratic one. These two political philosophies have so much in common that it is understandable that some commentators see the influence of social democracy where they might instead perceive social liberalism. Yet the two differ in their attitudes to the state. Both see a positive role for the state in furthering social goods. However, social liberalism shares classical liberal concerns about the dangers of an over-mighty state. This approach underpins Liberal Democrat policy.     

The Welsh Liberal Democrats: From Government to Opposition and Then Back Again?

For over 50 years from 1945 onwards, the Liberal Party and then the Liberal Democrats were either in decline in Wales or struggling to survive from election to election. Since 1997, however, there has been a steady evolution in the party's electoral and political strength. Over this past decade, the Welsh Liberal Democrats, as a state party, have experienced a change in electoral fortunes that has on occasions put them into national political power well in advance of their federal counterparts in England. As an autonomous state party within a federal structure, the Welsh Liberal Democrats have been able to take like a duck to water to the arrival of devolution in the form of the Welsh Assembly. This article examines how the evolution of the party has occurred and, in particular, the role that has been played by the Welsh Liberal Democrat Assembly Members in Welsh politics. The article also explores not only the strengths but also the weaknesses that still dog the Welsh party as it seeks once more to become a major force in Welsh politics.     

Whatever Happened to the Progressive Century?

In the mid-1990s, after eighteen years of Conservative rule, there was much talk about the prospects for a progressive century. Tony Blair, under the tutelage of Roy Jenkins, made it clear that he wanted to end the schism on the centre-left. Paddy Ashdown saw the same opportunity. Ironically, the electorate's desire to kick out the Conservatives and vote in progressives of any stripe delivered a Labour landslide that made cooperation impossible for Blair and Ashdown. Some progressive policies, notably on the constitution, have been implemented, but the political and intellectual roots to create a progressive century have yet to be properly established. Foreign policy divisions, especially on Iraq, have made this much more difficult. This article looks at the prospects for progressives—under new leadership—up to and after the next election in terms of ideas and policy.     

云南省11个民族腺苷脱氨酶(ADA)频率的分布调查

采用电泳技术对云南省汉、彝、自、傣、哈尼、瑶、布朗、基诺、拉祜、佤及苦聪等11个民族的ADA 进行了表型分布调查。并对-20℃、4℃、室温(20℃左右)保存的血痕ADA 活性进行了测定。在汉族人群中发现了一例ADA4-1稀有型,家系调查表明其是由父亲遗传下来的。     

损伤皮肤中白三烯B_4含量测定与损伤时间推断

本文作者利用高压液相色谱,快速检测大鼠皮肤切创创缘组织中白三烯B_4含量。结果发现,生前各损伤时间组创缘中白三烯B_4含量明显升高,且在1小时内与损伤时间有一定线性关系;死后损伤标本未见白三烯B_4含量升高。由此表明白三烯B_4含量测定,对推断生前1小时内的损伤时间有重要价值。高压液相色谱能快速、准确地检测损伤组织中的白三烯B_4。     

关于“包二奶”的刑事立法思考

新的婚姻法实施已有数月 ,但“包二奶”现象并没有得到有效遏制。基于此 ,作者对“包二奶”的含义、主体、形式以及所造成的后果进行了综合和归纳 ;并从刑事立法的角度思考 ,认为将“包二奶”行为纳入刑法调控范围 ,有其应然性和必要性 ;最后 ,作者对当前几种关于“包二奶”的刑事立法设计进行了质疑 ,并提出了抗制“包二奶”的初步构想 ;增设已婚非法同居罪。     

大湄公河次地区合作的国际政治经济学分析

大湄公河次地区(GMS)合作是澜沧江-湄公河流域相关国家及省区之间的地区性合作机制,是东南亚乃至东亚范围之内地区主义发展的一种表现。本文在简要介绍有关概念及理论的基础上,从国家和市场这一国际政治经济学的角度,对GMS的特点及其定位进行分析,然后重点讨论了GMS发展过程中面临的问题。文章认为,国家和市场的作用及其互动,直接决定和制约着GMS的性质和发展。     

从两所暨大发展的比较看两岸教育产业合作空间

海峡两岸的产业合作自20世纪80年代后期从传统产业起步,90年代以后步入高科技产业,在2005年连、宋访问大陆后又涉入农业与旅游业,那么下一个重点领域在哪里呢?笔者以为当在教育产业。从两所暨大发展的比较可看到两岸教育产业的广阔互补空间及双赢合作前景,而一切人为设限的“逆势操作”都终将被证明是不智且徒劳。