The Control of Police Powers

This article points to a frequent feature in debates about the control of the police. Aside from cultural and political characteristics in the last decades, policing has changed and at present it is going through a stage of rapid change. The author defines the historical roots of police in democracies. He places the police within the framework of the sovereign state, the administration, the judiciary and the citizens. The state's control of police powers is described in its interdependency with new demands on the part of citizens regarding micro (domestic sphere/neighbourhood/community) and macro (urban sphere/state/European) levels. On a European scale, the article provides an oversight over the existing network consisting of internal, administrative, parliamentarian, judiciary, and civil (non-government/social movements) control agencies and mechanisms. In its conclusions the concept of ethical standards is introduced as a means of effective high-quality police management.     

Displacing your Principal. Two Historical Case Studies of Some Interest for the Constitutional Future of Europe

The framework of public decisions, and particularly the provision of law, is seen here as an agency contract. What distinguishes this contract is the nature of the right delegated to the agent: The capacity to make law gives the opportunity to take advantage of the incompleteness of the constitutional contract. The agency relationship may be loosened or even reversed. This article tries to draw some lessons from the English and American history in that matter and applies them to the making of the future European State.     

American Indian Tribes: ``Not as Belonging to But as Existing Within'

This article is an extended analysis of the historyand anomalies in the doctrine of American Indiantribal sovereignty. I explain that America gainedindependence, but took Indian land and colonized thetribes just as it had been colonized under theBritish. It asserted sovereignty for itself, butsubordinated the once independent tribes with aparadoxical semi-sovereign status as `dependentdomestic nations', all of this justified by the racialand cultural otherness of Indians. Using a Lacanianperspective, I show that America was founded on a`wound' or inconsistency at the heart of itsideological and constitutional order. In order torectify the inconsistencies that the initial `wound'produces, the law and political order havecontinuously had to adopt fictions (legal and racial). American law and policy has never been able to settlethe ambiguous doctrine of Indian sovereignty. As aresult, the law circles round and round in trying todefine it, and asserting and denying it, all in anunsuccessful attempt to make the constitutional orderwhole. It cannot succeed, however, since the ultimatesolution is an American sovereignty which, like God,admits of no limitation.     

The European Sourcebook of Crime and Criminal Justice Statistics: A New Tool in Assessing Crime and Policy Issues in Comparative and Empirical Perspective

Theories which suggest a relationship between crime or criminal justice variables on the one hand, and variables related to criminal justice policies on the other hand, cannot be tested without reference to historic or comparative data. Since international comparisons offer the most powerful test of such theories, policy-related research in Europe has suffered, so far, from a lack of valid comparative data. Whether crime data from different countries are comparable, has always been subject to controversies. In the case of the European Sourcebook of Crime and Criminal Justice, a network of specialists was established under the auspices of the Council of Europe in order to assess the validity of the data. Although some problems in cross-country level comparisons could not be settled, the European Sourcebook offers comparative data on 36 Member States of the Council of Europe on a variety of subjects (offences and offenders known to the police; prosecution, convictions, sentences, and corrections; survey data; and indications on manpower and budgets of police forces, prosecutors, and corrections).     

A Dive into Deep Constitutional Waters: Article 50, the Prerogative and Parliament

This article analyses the Article 50 TEU debate and the argument that for the UK Government to trigger the formal withdrawal process without explicit parliamentary authorisation would be unlawful, because it would inevitably result in the removal of rights enjoyed under EU law and the frustration of the purpose of the statutes giving those rights domestic effect. After a brief survey of Article 50, this article argues first of all that the power to trigger Article 50 remains within the prerogative, contesting Robert Craig's argument in this issue that it is now a statutory power. It then suggests a number of arguments as to why the frustration principle may be of only doubtful application in this case, and in doing so it re‐examines one of the key authorities prayed in aid of it ‐ the Fire Brigades Union case.     

美国外交中的"扩张主义"根源

美国政治家制定外交政策和进行外交政策辩论时,总是受着意识形态的影响.二战之后,由于美国国力一直处于不断增长的过程之中,使美国意识形态的扩张主义特性更加鲜明.从历史、传统、文化等方面探究美国"扩张主义意识形态",是把握美国外交特征的重要视角.     

‘May Contain Nuts’? The Reality behind the Rhetoric Surrounding the British Conservatives' New Group in the European Parliament

The British Conservative Party's decision to leave the European Peoples' Party-European Democrats (EPP-ED) group in the European Parliament and establish a new formation—the European Conservatives and Reformists (ECR)—has attracted criticism, much of it focused on the supposedly extremist politics and character of the partners with which the Conservatives have chosen to work. In fact, while those parties which have joined the Conservatives in the new group are for the most part socially conservative, they are less extreme and more pragmatic than their media caricatures suggest. Moreover, such caricatures obscure some interesting incompatibilities within the new group as a whole and between some of its Central and East European members and the Conservatives, not least with regard to their foreign policy preoccupations and their by no means wholly hostile attitude to the European integration project.     

The dynamics of candidate evaluations and vote choice in 2008: looking to the past or future?

In this paper, we leverage a 10-wave election panel to examine the relative and dynamic effects of voter evaluations of Bush, Palin, Biden, McCain, and Obama in the 2008 presidential election. We show that the effects of these political figures on vote choice evolves through the campaign, with the predictive effects of President Bush declining after the nominees are known, and the effects of the candidates (and Palin), increasing towards Election Day. In evaluating the relative effects of these political figures on individual-level changes in vote choice during the fall campaign, we also find that evaluations of the candidates and Sarah Palin dwarf that of President Bush. Our results suggest a Bayesian model of voter decision making in which retrospective evaluations of the previous administration might provide a starting point for assessing the candidates, but prospective evaluations based on information learned during the campaign helps voters to update their candidate preference. Finally, we estimate the “Palin effect,” based on individual-level changes in favorability towards the vice-presidential nominee, and conclude that her campaign performance cost McCain just under 2% of the final vote share.     

金融危机形势下美国青年志愿精神高涨之动因探析

志愿服务工作的发展是美国社会发展的重要驱动力。在金融危机形势下,美国民众尤其是美国青年投身志愿服务事业的热情不减反涨,志愿者创造的社会价值达到美国历史的最高峰。究其原因包括:美国政府的鼓励、美国企业的支持、大量非营利性组织的存在都为美国青年参与志愿服务提供了重要平台;此外,美国各高校也为多元化的志愿服务指导体系提供了切实保障;而有益的职业生涯发展更是美国青年积极投身志愿事业的内在动力和强烈意愿。     

When soft regulation is not enough: The integrated pollution prevention and control directive of the European Union

Recent debates regarding the effectiveness of regulatory policymaking in the European Union (EU) focus on the merits of soft, non-binding forms of regulation between public and private actors. The emergence of less coercive forms of regulation is analyzed as a response to powerful functional pressures emanating from the complexity of regulatory issues, as well as the need to secure flexibility and adaptability of regulation to distinctive territorial economic, environmental, administrative, and social conditions. In this article we empirically assess the above normative claims regarding the effectiveness of soft regulation vis-à-vis uniformly binding legislation. We draw on an exploratory investigation of the application of the Integrated Pollution Prevention and Control Directive of the EU in four countries. Our study reveals that effectiveness in the application of soft policy instruments is largely contingent upon strong cognitive, material, and political capacities of both state regulators and industrial actors involved in regulatory policymaking. In the absence of those conditions, the application of soft, legally non-binding regulation may lead to adverse effects, such as non-compliance and the “hollowing out” of the systems of environmental permits to industry. In the medium term, such developments can undermine the normative authority of the EU.