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101.
立法程序是一种宪法性法律程序,因而,对其生成机理的探讨,必须立基民主宪政的大背景,在正当法律程序如何生成的视域中进行。在对当今流行的四种程序正义论模式进行学理检讨之后,我们不难发现,\"真理一致论\"是正当法律程序的最佳分析工具。真理一致论中的立法程序,既要求形成合意基础上的主体间性,即有着不同利益需求和价值取向的公民作相互的交流、表达、妥协,以及基于此上而形成的一致性意见;又要求形成主客体间的相互吻合性,即用以指导立法者运作立法权的建基于主体间性的价值观念以及法律所欲表达和实现的具体价值目标,都必须符合客观的社会和法的历史与逻辑发展规律。事实上,依托于这一伦理机理而生成的正当立法程序,其与人类生活目的及价值的实现具有直接的内在一致性。 相似文献
102.
Laurids S. Lauridsen 《Asian Politics & Policy》2009,1(3):409-434
What happens when developing countries can no longer grow by simply exploiting their existing comparative advantages in natural resources or cheap labor? When entering the 21st century Thailand was confronted with that question, but in comparison with other East Asian countries it was also a laggard in relation to industrial technology development. Prime Minister Thaksin Shinawatra placed industrial upgrading high on the policy agenda. This article combines a policy cycle analysis with a political analysis. It examines the ability and willingness of the Thaksin government to design and implement an adequate and coherent set of industrial upgrading policies with a particular emphasis on implementation issues. It is argued that although many initiatives were taken during the Thaksin era, they did not add up to an adequate and coherent set of industrial upgrading policies. This was partly due to institutional legacies in the bureaucratic system but mainly a result of the logic of politics, including the nature of political coalition‐building. 相似文献
103.
Robert A. Kagan 《Regulation & Governance》2007,1(2):99-120
Intensified global economic competition, economic liberalization, and the rise of EU governance have led some observers to argue that there has been a trend toward the “Americanization” of the European “way of law.” This article addresses that contention, focusing on legal change in European member states. It first describes ways in which the American legal tradition has differed most sharply from the national legal systems of Western Europe (including Great Britain) and the political and economic factors that account for this “American legal distinctiveness.” Similar political and economic factors currently are at work in Europe, the article acknowledges, creating incentives for legal convergence. But it also argues that European legal culture and the political organization of European national states generate path‐dependent forces that impede European movement toward American ways of law, and it discusses six important differences between European and American law that remain entrenched and are unlikely to disappear. 相似文献
104.
Philip E. Carlan 《American Journal of Criminal Justice》2007,32(1-2):74-86
This study examines police job satisfaction and its association with general occupational attraction. Police officers from sixteen municipal departments (n = 1,114) across one southern state (Alabama) were found to possess moderate-high overall job satisfaction, with regression analysis supporting the conclusions of prior studies that demographics are of little value to understanding job satisfaction. The findings convey that 25% of job satisfaction variance can be explained from six variables (in order of importance): social contribution, pay, adventure/excitement, autonomy, peer respect, and job security. The importance of benefits and community respect was unsupported, as were partner and special operation assignments. The author concludes that a great portion of police satisfaction hinges on the realization of work environment expectations, and that departments must proactively construct policies to enhance fulfillment of officer aspirations. 相似文献
105.
The fight against organized crime has become a top security priority for the European Union (EU). While a new policy area is emerging, it is difficult to understand who is in lead and how the process develops. This article delves into the post-Lisbon EU security model, exploring how Washington and Brussels collaborate in combating organized crime in a context of changing definitions, actors and policies. It argues that US definitions, operational models and policies influence EU institutional thinking and policies, shifting the emphasis from prevention and rule of law to execution and intelligence. The dynamics of policy convergence and divergence on criminal matters in the transatlantic community reflect tectonic shifts in the deepest levels of thinking security in the West, affecting the moulding of a European security identity. 相似文献
106.
To understand resilience to climate and environmental changes in fragile and conflict-affected societies is particularly important but equally challenging. In this paper, we first develop a conceptual framework to explore the climate-fragility-conflict and climate-resilience-peace nexus. Second, we discuss approaches to promote pathways from climatic changes to peace. We draw on the relevant literature and International Alert's experience in fragile and conflict-affected societies to stress the key role of resilience. To build resilience, climate, development, peacebuilding, and government actors would have to overcome bureaucratic and institutional barriers and cooperate across thematic and regional silos. 相似文献
107.
Virinder Sharma Victor Orindi Ced Hesse James Pattison Simon Anderson 《Development in Practice》2014,24(4):579-590
Policies developed at national levels can be unresponsive to local needs. Often they do not provide the rural poor with access to the assets and services they need to allow them to innovate and adapt to the ways that increased climate variability and change exacerbate challenges to basic securities – food, water, energy, and well-being. In development deficit circumstances, common pool resources are important for climate adaptation purposes. In order for climate adaptation actions to deliver resilience, local perspectives and knowledge need to be recognised and given due priority in formal planning systems. Basing formal adaptive development planning on local strategies can support and strengthen measures that people have been tested and know to work. Local climate adaptation through collective action can address current increases in climate variability, future incremental changes, and the need to transform existing systems to deal with qualitative shifts in climate. These types of adaptation can work in cumulative ways. The results of local adaptation collective action that have benefits of low rivalry between users while being highly inclusive can be considered “local public goods”. Evidence is beginning to emerge that when local governance systems facilitate high levels of participation in planning collective action for climate adaptation, and direct access to resources for implementing local plans, “local public goods” can be created and common pool resources better managed. 相似文献
108.
Gorm Rye Olsen 《European Security》2014,23(3):290-306
The French intervention in Mali in early 2013 emphasizes that the decision-makers in Paris, Brussels, and Washington considered the establishment of the radical Islamist regime in Northern Mali a threat to their security interests. The widespread instability including the rise of radical Islamist groups in Somalia was perceived as a threat to western interests. It is the core argument of the paper if western powers decide to provide security in Africa, they will be inclined to use proxy instead of deploying own troops. Security provision by proxy in African means that African troops are doing the actual fighting and peacekeeping on the ground while western powers basically pay the costs, the logistics, and the training of local African troops. The paper concludes that the African Union Mission in Somalia (AMISOM) in Somalia and The African-led International Support Mission to Mali (AFISMA) in Mali are proxies for the USA and the European Union. 相似文献
109.
Debdatta Pal 《Development in Practice》2014,24(8):1070-1079
Using clues from transaction cost economics this note develops an intertemporal agricultural household model to explain the demand-side credit rationing from formal financial institutions in agrarian economies. The model employs ex-ante transaction costs, namely search cost and negotiation cost to explain this phenomenon. The model shows that with market failure an agricultural household's production decision is not separate from its consumption decision. This is when the policy analysis household approach, which includes simultaneous decision making in production and consumption side, becomes essential. 相似文献
110.
Claire Dupuy 《Regional & Federal Studies》2014,24(4):451-471
Regionalization processes across Western Europe have triggered analyses of regional policy divergence. Yet, in a number of cases, regional governments appear to have deliberately strived to achieve policy conformity. Previous research tends to emphasize exogenous explanations of regional policy convergence. In contrast, this paper addresses the issue of regional policy convergence by focusing on endogenous explanatory factors. Its objective is to carry out an investigation of when, how, and with what effect a ‘desire for conformity’ arises, and contends that regional governments may actively cultivate policy similarity as a strategy to develop or secure their policy capacity. Specifically, the paper argues that the adoption of this strategy is contingent upon two requirements that may or may not be met, and that its outcome is the convergence on targeted dimensions of regional policies. The two requirements are: (i) a countrywide public preference for policy uniformity in the policy area of concern, and (ii) the presence of a threat posed to regional policy capacity by various political entrepreneurs, including the central state, who blame regions for providing divergent policies on particular dimensions. This paper is based on the comparison of two case studies where regional governments deliberately pursued policy conformity on targeted dimensions of their education policy: school-building policy in France and curricula policy in Germany. The two case studies also present dissimilar features that make it possible to investigate the effects of institutional setting and policy distribution on the adoption and operation of the active-cultivation-of-policy-similarity strategy. 相似文献