Turkey – from tutelary to delegative democracy

Guillermo O’Donnell’s influential work ‘Delegative Democracy’ set the discourse on a peculiar type of democracy. Lying between representative democracy and authoritarianism, the uniqueness of delegative democracy lies in its features, including an absence of horizontal accountability, strong centralised rule, individual leadership with unchecked powers, a cult figure embodying the nation and clientelist practices. While delegative democracies seem to arise out of presidential systems, Turkey, though a parliamentary system, has also displayed the distinctive features of delegative democracies. This paper identifies three characteristics of delegative democracy, which are responsible for the lack of democratic consolidation, if not the erosion of democracy itself: anti-institutionalism, an anti-political agenda and clientelism. Arguing that delegative democracy is the best concept with which to examine contemporary Turkey, the paper lays out how, post-2011, Turkey has demonstrated the three elements of delegative democracy. The final section discusses the implications of the Turkish case for scrutinising the very possibility of delegative democracy in parliamentary regimes.     

Postmortem Computed Tomography in Firearm Homicides: A Retrospective Case Series,

Postmortem computed tomography (PMCT) is integrated into the evaluation of decedents in several American medical examiner offices and medicolegal death investigative centers in many other countries. We retrospectively investigated the value of PMCT in a series of firearm homicide cases from a statewide centralized medical examiner’s office that occurred during 2016. Autopsies were performed or supervised by board-certified forensic pathologists who reviewed the PMCT scans prior to autopsy. PMCT scans were re-evaluated by a forensic radiologist blinded to the autopsy findings and scored by body region (head–neck, thoracoabdominal, and extremities). Injury discrepancies were scored using a modified Goldman classification and analyzed with McNemar’s test. We included 60 males and 20 females (median age 31 years, range 3–73). Based on PMCT, 56 (79.1%) cases had injuries relevant to the cause of death in a single body region (24 head–neck region, 32 thoracoabdominal region). Out of these 56 cases, 9 had a missed major diagnosis by PMCT outside that region, including 6 extremity injuries visible during standard external examination. Yet all had evident lethal firearm injury. We showed that PMCT identifies major firearm injuries in homicide victims and excludes injuries related to the cause of death in other regions when a single body region is injured. Although PMCT has a known limited sensitivity for soft tissue and vascular pathology, it can be combined with external examination to potentially reduce or focus dissections in some of these cases depending on the circumstances and medicolegal needs.     

Combined Collection and Analysis of Inorganic and Organic Gunshot Residues

Gunshot residue (GSR) analysis and their interpretation provide crucial information on a criminal investigation involving the use of firearms. To date, several approaches have been proposed for the implementation of a combined sampling and analysis of inorganic (IGSR) and organic GSR (OGSR). However, it is not clear at this stage if concurrent analyses of both types of residue might be detrimental to the analysis of IGSR currently applied in forensic laboratories. Thus, this work aims to compare and evaluate three different protocols for the combined collection and analysis of IGSR and OGSR. These methods, respectively, involve the use of a modified stub (with two halves, one for the detection of IGSR and the other for the analysis of OGSR); the sequential recovery of GSR with two stubs mounted with different adhesives (double-sided carbon tape and Tesa® TACK) and the sequential analysis of IGSR and OGSR from a single carbon stub following carbon deposition. The detection of IGSR was carried out using SEM-EDX, while OGSR analysis was performed using ultra-high-performance liquid chromatography–tandem mass spectrometry (UHPLC-MS/MS). Obtained results for experiments performed using Geco Sinoxid^® ammunition indicated that sequential analysis was the most suitable protocol for the combined collection and analysis of both IGSR and OGSR. A higher number of inorganic (characteristic and consistent) particles and higher concentrations of ethylcentralite, N-nitrosodiphenylamine, diphenylamine, and nitroglycerin were recovered with this method.     

Taxing Digital Economy: A Critical View around the GloBE (Pillar Two)

The Organisation for Economic Co-operation and Development (OECD) proposal for taxation of digital economy constitutes one of the most ambitious projects in the field of taxation and may lead to the most significant reform to international tax rules in the 20th century. Based on a two-pillar approach, Pillar Two of the proposal suggests the adoption of Global Anti-Base Erosion (GloBE) provisions that are aimed at introducing a worldwide minimum tax. In this article, a critical analysis is based that the GloBE proposal suggests that it represents a shift in the OECD policy. As compared to base erosion and profit shifting (BEPS), it jeopardizes the tax sovereignty of jurisdictions and it raises fundamental challenges of implementation, both in terms of amendments to domestic law and conflicts with tax treaties.     

The Governance of Cross-Border Data Flows in Trade Agreements: Is the Cptpp Framework an Ideal Way Out?

The regulations of cross-border data flows is a growing challenge for the international community. International trade agreements, however, appear to be pioneering legal methods to cope, as they have grappled with this issue since the 1990s. The World Trade Organization (WTO) rules system offers a partial solution under the General Agreement on Trade in Services (GATS), which covers aspects related to cross-border data flows. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the United States-Mexico-Canada Agreement (USMCA) have also been perceived to provide forward-looking resolutions. In this context, this article analyzes why a resolution to this issue may be illusory. While they regulate cross-border data flows in various ways, the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system. The new system, attempting to weigh societal values and economic development, is imbalanced, often valuing free trade more than individual online privacy and cybersecurity. Furthermore, the inclusion of poison-pill clauses is, by nature, antithetical to cooperation. Thus, for the international community generally, and China in particular, cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.     

Rejecting representation? Party systems and popular support for referendums in Europe

Under what conditions do citizens favor deciding political issues by popular vote? Models of support for popular vote processes usually consider the influence of individual attitudes such as political trust and interest in politics. But much less is known about the effect of institutional variables on support for popular vote processes. This article builds on research showing that disaffection with elected officials shapes support for referendums by considering the influence of the party system. First, an analysis of multilevel data from twenty-four European democracies indicates that individuals are more supportive of referendums in countries with fewer effective political parties. Second, a mediation analysis provides evidence that the number of parties influences referendum support through individual-level political trust and external efficacy. Where there are fewer viable parties, feelings that elected officials are unresponsive tend to increase popular support for referendums. These findings suggest a trade-off between available representation by political parties and support for direct influence over public policy.     

Experimental Evidence on the Impacts of Need-Based Financial Aid: Longitudinal Assessment of the Wisconsin Scholars Grant

We conduct the first long-term experimental evaluation of a need-based financial aid program, the privately funded Wisconsin Scholars Grant. Over multiple cohorts, the program failed to increase degree completion and graduate school enrollment up to 10 years after matriculation. The program did reduce time-to-degree for some students and modestly increased the number of STEM degrees earned. The lack of robust effects raises important questions about the conditions necessary for financial aid to benefit students.     

论党内法规制度建设的理论基础问题

从“推进党的制度建设科学化”到“加快党内法规制度体系建设”,体现了我国政党治理法治化的发展趋势。法律的政治化与政治的法治化是近代以来世界民主法治建设的基本发展特点,党内法规制度建设应当以法治与政治的统一性原理建构其理论基础。要以政治性引领党内法规制度体系建设,确保其规范内容上体现先进性、规范目的上聚焦领导力、规范渊源上关照实践面。同时,更要以法治性补强以往党的制度建设的短板,运用法治思维和法治方式加快党内法规制度体系建设,增强其概念的可通用性、体系的可衔接性、执行的可协同性。     

The 2019 General Election in Northern Ireland: the Rise of the Centre Ground?

The experience of the 2019 general election in Northern Ireland took a very different course to that of the rest of the UK and, indeed, to the pattern of electoral politics typical of the region. Coming after almost three years with no functioning devolved government, combined with intense disagreement and uncertainty about Brexit, voters were ready to give a message to the two largest parties. Both Sinn Féin and the DUP suffered losses in the election, with the headline outcome being that unionism no longer holds the majority of seats for Northern Ireland in Westminster. More generally, there was a swing from both sides towards centre ground voting, which brought significant gains for the Alliance Party and the SDLP. This article summarises the reasons for this broad trend, focussing on the conditions and electoral pacts which brought it about. It also considers what it might mean for the prospects for Irish unification, noting that a referendum on unification will only be passed by attracting votes from those who tend to see themselves as neither unionist or nationalist.     

Pathway to resilience: hands and hearts for peasant livelihoods and fair relations between humans and nature

Abstract

Peasants and rural communities are on the front lines of most climate catastrophes taking place nowadays worldwide; at the same time, we have been the ones taking care of our common planet over generations. This article begins with a brief overview of the current situation of land use in the world today and links it to climate issues. It then describes some of the solutions to climate threats being negotiated between national governments and the private sector. It then highlights solutions that communities are already implementing and concludes with the reasons why systemic change is needed in order to achieve agrarian and climate justice.