From extractivism towards buen vivir: mining policy as an indicator of a new development paradigm prioritising the environment

This article analyses mining policy as an indicator of a larger question: are some Third World governments starting to steer away from plunder ‘extractivism’ towards a paradigm that prioritises the environment? We begin with the cases of El Salvador and Costa Rica, which have major mining bans in place. We then present the results of our research in which we find five other countries with noteworthy mining-policy shifts: Panama, Colombia, Argentina, Chile, and New Zealand. A sixth country, Honduras under President Zelaya, stands as a recent historical case of how sensitive such a policy change can be. A key take-away from our article is that critical development scholars and practitioners need to look more closely at the mining sector – not simply to analyse case studies of specific mining protests and resistances to extractivism, although these are of course important. Rather, there is a need to investigate policy changes that just might be indications that the era of unquestioning extractivism has ended and that at least some governments are initiating policies to incorporate environmental externalities, policies that suggest a changing development paradigm in the direction of environmental – and concomitant social and economic – ‘well-being’ as envisioned in buen vivir.     

Banning political parties in a democratic constitutional state: the second NPD ban proceedings in a comparative perspective

ABSTRACT

Backes’s article discusses the judgement of the Second Senate of the German Bundesverfassungsgericht (Federal Constitutional Court) of 17 January 2017—not to ban the right-wing extremist party Nationaldemokratische Partei Deutschlands (NPD)—in light of recent lively international debates on the protection of democracy. It considers the logic of an examination of proportionality as established by German constitutional law, considering aspects of the legitimacy, suitability, necessity and appropriateness of the party ban. The article shows that the newly introduced criterion of ‘potentiality’ requires an examination of proportionality even if the court itself denies this. Thus the threshold for intervention has been raised, moderately, since a concrete or even immediate threat as defined in police law is not required. The Court links the definition of a free democratic basic order more closely to the established minimum definitions of comparative research and provides clarification that further refutes the (exaggerated) accusation of ‘vagueness’. In doing so it has sharpened the contours of the concept of militant democracy that is widely regarded in international comparative studies.     

Image Politics

Abstract

This essay focuses on the ongoing references made to the ban on graven images for the foundation of political aesthetics. In this tradition the image itself plays a significant role in the creation of a dichotomy in which the image becomes either “icon” or false appearance. The image in this tradition is a powerful agent and gains as such performative power. From the Bible to Kant and German idealism to Adorno and Deleuze, the prohibition of the image signals its power and turns it into a strong magnet in political aesthetics, may it be affirmative or negative.     

取缔的法律性质及其在治安管理处罚中的适用

治安管理处罚中的取缔是公安机关依据《治安管理处罚法》作出的具体行政行为，属于行政强制措施，具有非处分性、非制裁性、综合性、附属性等特征。由于对取缔的性质理解不一，对取缔的实施程序和方式没有统一和规范，致使取缔在实际操作中出现了较多的问题，侵犯了公民的合法权益，因此，必须对取缔的适用进行有效的规范。     

Unveiling The Headscarf Debate

In March 2004 the French parliament controversially adopted legislation regulating the wearing of symbols indicating religious affiliation in public educational establishments. This note discusses several features of the new law indicating its origins, its rationale and its position within French constitutional discourse on religious freedom and secularity. It is based on a panel discussion held in April 2004 within the Gender Studies Programme at the Robert Schuman Centre for Advanced Studies, European University Institute, Florence. Placing the French legislative initiative in the context of recent developments in national and European case law (suggesting clear limitations to freedom of religion), the note explores the complexity of issues of gender, identity and difference in the present debate, especially when considered in the light of reactions to the law in Islamic countries.     

政策过程理论的多维分析——以广州市“禁摩”政策为例

政策过程理论作为一种中层理论或中观理论在整个政策科学中占有重要的地位。本文以广州市的"禁摩"政策为个案,在厘清本土概念、掌握"禁摩"政策具体过程的基础上,是用这三种理论对该省会城市的"禁摩"政策过程进行逐一解读,并分别阐述三种理论的利与弊,并探讨我国政策过程理论的本土化特征与未来发展方向。     

我国禁毒立法的历史演进（1949—1998）

我国禁毒立法秉承了自晚清以来三次禁毒运动的成果,并且以革命根据地时期禁毒的立法实践为历史渊源。1949年至1978年间,禁毒立法以中国共产党和各级政府的相关政策、文件为主要法律形式,以各大行政区的立法为重心。1979年至1998年间,以"严打"为政策导向,逐渐建立了以刑法为主、行政法与地方立法为辅的禁毒立法体系,主要法律形式有刑事法律、行政法律、行政法规、部门规章及其他规范性文件、"两高"司法文件、批准、签署的反毒国际公约和条约、地方性立法及其他规范性文件、民族自治地方的立法等。1998年以后,禁毒政策和立法都出现了一些新动向。