从恭敬到不从命——在知识产权审判中法院对待行政行为公定力的态度变迁

在知识产权案件审判中最高法院对待行政行为公定力的态度,经历了一个从绝对承认到相对不承认的发展过程。这种态度变迁的主要缘由,在于最高法院对知识产权案件审判效率的追求、妥当解决知识产权的权利冲突问题,以及对行政机关决定民事权利法律事实之权力的质疑。这对我国行政法学理论有关行政行为公定力原理提出了强有力的挑战,值得行政法学理论认真对待和反思。     

Why the EHRC Report into Anti‐Semitism in the Labour Party is About so much More than Anti‐Semitism in the Labour Party—A Personal View

The Equalities and Human Rights Commission (EHCR) investigation into anti‐semitism in the Labour Party, the virtual disavowal of the report by Jeremy Corbyn, his subsequent suspension from and then reinstatement to the party and then his exclusion from the Parliamentary Labour Party, raise issues far wider than just the EHRC’s legalistic and limited investigation.     

正式制度、基层政府与体制弹性——温岭劳资个案及其启示

文章旨在理解我国体制持续发展中表现出的体制弹性。根据体制持续发展过程中权利结构是否发生演进,把体制的可持续性分解为"体制适应性"和"体制弹性"两个方面,明确区别于对适应性体制或弹性体制的笼统提法。在此概念界定的基础上,从温岭劳资个案出发考察体制弹性的过程。温岭劳资个案是劳资冲突逐步激化、地方政府应对挑战维持稳定的过程,是在既有权利结构下应对社会冲突、启动利益表达和实现劳资关系稳定的完整政治过程。案例表现出体制持续发展的弹性方面,而相关正式制度设置和能动的当地政府扮演了重要角色。进一步对个案中获得的认识进行逻辑的一般分析,认为在社会主义基本制度和政府间的行政逐级发包制下,正式制度和基层政府对体制弹性发挥着重要作用。同时,体制弹性对体制的发展具有正反两方面的潜在影响。     

A praxis-based global ethical discourse on development and women

This article explores a praxis-based moral approach to the study of development and women. Drawing upon an illustrative case-study of Ankur Kala – a non-governmental organisation devoted to the development of destitute women in Kolkata, India – the article shows how studying actual development practices on the ground generates valuable insights without which our ethical understanding of women's development globally would be incomplete.     

Improving the effectiveness of Ugandan water user committees

This article outlines issues affecting the functionality of Ugandan water user committees responsible for managing communal water and sanitation (WASH) services. Research undertaken demonstrated that their effectiveness is compromised by poor understanding of their rights and responsibilities by stakeholders within and outside the committees. Following the research, a handbook was produced that explained the rights and responsibilities in a form that is accessible to all community members. Preliminary feedback from committees that have used the handbook suggests that it has the potential to improve the functionality of the water user committees, thereby helping to improve the local management of WASH services in Uganda.     

Assistive technology as support for the exercise of legal capacity

Exercising legal capacity refers to engaging in legal transactions and relationships and is essential for the full inclusion of people with disabilities in society. The United Nations Convention on the Rights of Persons with Disabilities has enumerated the right to legal capacity on an equal basis and has created a state obligation to provide access to support for the exercise of legal capacity. This article examines the use of assistive devices as support for decision-making in exercising legal capacity for individuals with physical and cognitive impairments; for example, the use of voice recognition programmes, screen readers, and screen enlargement applications to support people with mobility and sensory impairments to use online portals essential for legal actions such as banking. It also discusses the experimental use of cognitive assistance, including computer or electrical assistive devices, to facilitate communication for people with cognitive impairments including those with no external signs of consciousness. It highlights the diversity of options for ‘support for the exercise of legal capacity’ showing how they can assist people with various disabilities. Finally, the article examines the boundaries of the state obligation to provide such support, including issues of practical implementation and resource allocation.     

Out of Sight,Out of Mind? External Voting and the Political Representation of Portuguese Emigrants

Over recent decades, emigrants have gained expanded voting rights on a global scale. Despite the normative debates about this issue, there are few empirical studies on why states decide to implement external voting and how electoral systems perform. This article seeks to fill this gap by looking at the Portuguese case. Our study suggests that a combination of political and socio-economic factors explains the implementation of external voting. On the other hand, the interests of political parties and the low level of civil society engagement are key to determining the failure of electoral reforms and the attempts to overcome the shortcomings of external voting.     

论我国刑事被害人国家补偿制度的构建

刑事被害人国家补偿制度体现了国家对刑事被害人这一弱势群体的人权保障,反映了一国的法治水平。本文就建立我国刑事被害人国家补偿制度的必要性和可行性进行了分析,提出了具体的构建设想。     

关于法治社会警察权的几点思考

警察权作为一种国家必不可少的特殊权力,其配置、运作状况必然反映该国的法治文明水平。从法治领域着手,以警察权概念界定作为逻辑起点,分析警察权的特征,从应然与实然两个对立层面对警察权的双重来源及冲突进行了探讨,在自由与秩序两个不同价值层面上对警察权的双重目的及冲突进行阐释,并在事实与价值两个不同的要求层面上对警察权提出了双重限制。     

Violence in development: the logic of forced displacement on Colombia's Pacific coast

A progressive piece of legislation in 1993 granted collective land rights to Colombia's black communities living in the rural areas of the Pacific coast region. This measure aimed partly to support sustainable development strategies in the region through territorial empowering of local communities. Yet 14 years later, the escalation of the country's internal conflict into the Pacific region has created unprecedented levels of forced displacement among rural black communities. Once referred to as a ‘peace haven’, the Colombian Pacific coast is now characterised by new spaces of violence and terror, imposed by warring guerrilla and paramilitary groups, as well as the armed forces. This article examines the nature of the externally induced violence in the region and shows how specific economic interests, in particular in the African Palm sector, are colluding with illegal groups that are used to spread fear and terror among local residents, to make them comply with the requirements of these economic actors.