Racial Bias in Case Processing: Does Victim Race Affect Police Clearance of Violent Crime Incidents?

Prior studies have illustrated racial differences in perceptions of police legitimacy. African‐Americans’ views, however, appear to be complex, shaped by perceptions of over‐enforcement of crimes committed by African‐American offenders coupled with under‐enforcement of crimes involving African‐American victims. Using data from the 2002 National Incident‐Based Reporting System, we examine whether victim race (alone, and in combination with offender race) affects police case clearance of four types of violent criminal incidents (homicide, aggravated assault, rape, and robbery) as a potential explanation of African‐Americans’ reduced levels of support for the police. Results suggest that the race of the victim, particularly in combination with the race of the offender, is related to police clearance of violent criminal incidents, but that this relationship is not as strong as those between agency, offense type, and situational characteristics of the incident. Implications for research and policy on police—community relations are discussed.     

Exploring the Effective Authority of International Administrations from the League of Nations to the United Nations

This article analyses the concept of international administration by a multilateral organization through the lens of the effective authority of example missions, arguing that the United Nations Interim Administration of Kosovo (UNMIK) and the United Nations Transitional Administration of East Timor (UNTAET) are very specific and distinct attempts at statebuilding. The article’s main argument is that the two most-cited cases in the interwar years – the Saar Territory and the Free City of Danzig, as well as the international administration of West New Guinea by the United Nation (UN) – while presenting interesting parallels with and providing useful insights into the challenges faced by the contemporary international administrations of Kosovo and Timor-Leste, are in fact drastically different endeavours in terms of the effective authority exerted on the ground. The article builds on this special section’s contribution on authority building, analysing the five international administrations through the prism of claimed, recognized, and exercised authority.     

The Legitimacy Audience Shapes the Coalition: Lessons from Afghanistan, 2001

ABSTRACT

Legitimacy considerations profoundly affect coalition-building strategies for contemporary military interventions. However, the nature of this impact depends on which of three distinct legitimacy audiences intervening governments are most concerned about: their domestic publics, the international community or the host-country population. Intervening actors typically value all three audiences, but may be more confident of some audiences’ approval than of others’. Moreover, these audiences may raise divergent demands regarding coalition design, each entailing distinctive strategic, operational and/or political costs. Intervening actors therefore make strategic choices about how to adjust their coalition, including which legitimacy audience to prioritize. Juxtaposing the two Western-led coalitions deployed to Afghanistan in 2001 highlights how profoundly such choices affect coalition design – and what unintended longer-term consequences they can have.     

Deliberative democracy in local governance: the impact of institutional design on legitimacy

Deliberative democracy is expected to increase legitimacy and effectiveness of democratic governance. In recent years, a growing body of research has reported on different instances of participatory innovations across the globe. Nevertheless, quantitative evidence on the determinants of legitimate and effective deliberative procedures is still scarce. Examining parents’ participation in school governance in Switzerland, this article explores the effect of the design of deliberative institutions on perceptions of legitimacy and effectiveness. Based on an original survey of 312 parent councils of public primary schools in Switzerland, the results of our analysis corroborate theoretical expectations about the impact of institutional design on legitimacy and effectiveness of deliberative procedures: More authority granted to parent councils clearly enhances the output-legitimacy of these bodies.     

France’s reluctant parliamentarisation of military deployments: the 2008 constitutional reform in practice

Abstract

This paper investigates changes in the French parliament’s role in the control of military missions, introduced by the 2008 constitutional reform, and examines their effects on practices of parliamentary control and legislative?executive interactions. The paper analyses how the constitutional changes have developed; the attitudes of parliamentarians towards control; the knowledges they relate to legislative-executive relations; and the post-reform practice of parliamentary control of French military missions. Although legislative?executive relations with regard to military missions have been recalibrated and formalised, they have not fundamentally challenged the executive’s lead. Reasons include a strong belief in the need for effectiveness, acceptance of the institutional order, and a foreign policy culture of executive leadership. French parliamentarians value their new powers, but mostly do not seek their further extension.     

An indirect legitimacy argument for a directly elected European Parliament

Can a directly elected European Parliament help deliver standards by which the European Union can be indirectly legitimated through its component national democracies? This article argues that the Union can be indirectly legitimate where it helps member state democracies meet their own obligations to their own publics. The Union can do just that by managing externalities in ways needed to secure core values of justice, democracy and freedom from arbitrary domination within member states. Yet that poses a predicament: for if any one member state has an interest in imposing negative externalities or in freeriding on positive externalities provided by another, then so may its voters and democratic institutions. The article argues a directly elected European Parliament can help manage that predicament both by identifying externalities and by ensuring their regulation meets standards of public control, political equality and justification owed to individual national democracies.     

Democracies in crisis

The main contribution of this study is to identify democracies in the world that are at risk of becoming non-democracies. It is hypothesized that if democracies have a low level of legitimacy and have low effectiveness, they are at risk of becoming non-democratic regimes. These types of democracies are called weak democracies. Of the seven democracies that are identified as weak democracies between 2000 and 2010, the weakest of them, Mali, has already fallen. However, looking at the results of this study, it is not surprising that the democratic regime in Mali fell. The other six countries that are identified as weak democracies are Benin, Mongolia, Lesotho, El Salvador, Belize, and Mexico. The democratic regimes in these six weak democracies should be observed in more detail in the future to predict whether they are close to falling and losing their democratic institutions, or whether they will recover and no longer be weak democracies.     

在分散与统一之间——美国食品安全监管事权划分探析

美国食品安全事权划分,在形式上呈现分散特征,联邦层面有十多个机构参与食品监管事务,州、地方、部落、领地有3000多个独立的监管机构来保障本地食品安全,这种分散特征主要是由美国的宪政体制、权力结构的分散性和政策输出的不确定性造成的。但在实际运行过程中,各监管机构之间通过正式的和非正式的协调活动,彼此之间分享了权力,共享了食品安全监管标准,达到了一定的统一性。我国食品安全事权划分可在明晰监管机构间的责任、保持事权划分稳定性以培养专业能力、建立倒金字塔式的监管任务结构方面借鉴美国的经验。     

党政合设、合署的历史演进、时代价值与实现路径——基于最佳性考量的视角

党政合设、合署的组织形式是我国党政机构改革的一项重要内容,也是一种具有中国特色的制度安排。从实践层面看,在其发展演进的历史脉络中,蕴含了追求效率的最佳性考量。但从理论层面看,传统的行政法理论尚不足以阐释党政合设、合署的实践。因此,从理论上也呼唤最佳性考量。将最佳性考量运用于党政合设、合署的实践具有鲜明的时代价值,有助于坚持党的领导,推进行政组织最佳设置;有助于贯彻党的意志,保证行政任务最佳履行;有助于落实党的宗旨,实现最佳行政法治建设。行政法在对党政合设、合署实践进行回应时需要运用最佳性考量,秉持中国立场,并贯彻于理论创新和制度完善,促进改革的推进。     

Playing in the sandbox: state building in the space of non-recognition

For unrecognised states in the international system recognition of sovereign statehood is the ultimate goal. Not being ‘a state’ means being excluded from global networks. However, even in the most basic definitions and criteria for unrecognised states there is a period of relative autonomy accorded due to non-recognition. This is a period when political actors can use isolation to establish the state’s narrative, identity and structure. It is this period that provides the foundations for external interaction. It is in this period that the state is born. This article examines another side to the politics of recognition: the politics of non-recognition. Drawing on the contemporary examples of Somaliland and Kurdistan, the article assesses the benefits as well as the costs of non-recognition.