Party prohibition cases: different approaches by the Turkish constitutional court and the European Court of Human Rights

The article deals with the different approaches followed by the Turkish Constitutional Court and the European Court of Human Rights (ECtHR) in party prohibition cases. The Turkish Constitution and even more so the Law on Political Parties contain a long list of party bans, the violation of which leads to the closure of the party by the Constitutional Court. The Turkish Constitutional Court, both under the 1961 and the 1982 Constitutions, interpreted these provisions in an exceedingly illiberal manner, and has so far closed down a total of 24 political parties. Turkish rules and practices concerning the prohibition of political parties are among the most important ‘democracy deficits’ of the Turkish political system. In the article, the Turkish Court's illiberal approach to party prohibition cases, especially those involving the protection of the national and territorial integrity of the state and of the principle of secularism, is compared with the much more liberal criteria developed by the ECtHR and the Venice Commission.     

Consistency in constitutional design and its effect on democracy

ABSTRACT

Does the art of crafting and amending a constitution lead to an internal consistency among constitutional provisions, and if so, what effect does that have on countries’ democratic performance? Drawing from theoretical claims on the separation of power and electoral legitimacy, this article develops a concept that identifies the institutional characteristics of consistency and inconsistency in the constitutional design with the example of the presidency. Empirically, this concept is focused on aligning or counterbalancing the mode of presidential election and the de jure power of the president. Based on a comparative perspective of republican parliamentary and semi-presidential systems, the article focuses on the empirical trends of consistent and inconsistent design and addresses their effect on democratic development. The findings show a balance between consistent and inconsistent design in terms of quantity. The influence on democratization varies considerably across different measures but I find significant support for a positive effect of inconsistency on liberal democracy, freedom, horizontal accountability and the rule of law.     

Multi-Level Governance as ‘Post-Constitutional’ Politics: Subnational Actors and the Swedish Constitution

In 2011, an amendment was introduced to the Swedish constitution to provide stronger protection for local self-government. This article seeks to explain this amendment in the light of the development of central-local relations towards multi-level governance (MLG). It explores the adaptation hypothesis, i.e. the developments in MLG are followed by an adjustment in constitutional policy that is influenced by subnational actors, through an empirical study of the most prominent Swedish subnational actor – the Swedish Association of Local Authorities and Regions (SALAR). The research showed that SALAR developed an agenda for the regulation of central-local relations in the constitution. SALAR was able to exert influence with this agenda by participating in the policy-making process prior to the amendment of the constitution. The research findings underscore that even though MLG per se has little to do with constitutional policy, it has consequences for such policy due to the role played by subnational actors.     

清初关中李念慈诗论的时代精神

李念慈为清代关中诗人,其诗学理论继承了中国古代诗论如"诗本性情"、"文以明道"、"江山之助"、"诗穷而工"等许多优秀思想,并将其赋予了新的内涵,和清初文艺思潮紧密联系,具有鲜明的时代精神。他不但重视作家的人格修养,而且强调文学的社会功能和认识价值,有着积极的用世精神。其诗歌理论兼容并包,内涵丰富,体系严密,在清初诗论中独具特色,值得学界重视。     

我国民事诉讼法原则在新时期的完善

民事诉讼实践经验显示,民事诉讼制度与我国经济社会迅速发展对民事诉讼的法治要求有诸多不适应。民事诉讼法的发展离不开民事诉讼原则指导和引领,要发展民事诉讼制度,应当先拓展民事诉讼原则,将现代法治同法律与时俱进的发展精神相结合,将以人本精神作为民事诉讼宗旨纳入民事诉讼原则,使民事诉讼法在新原则指引下发展成为具备自新能力的法律系统。因此,更新民事诉讼法原则,创新民事诉讼法律自我创新机制势在必行。     

Political morality and constitutional settlements

This paper presents a way of thinking about how to respond to the pluralism of modern societies that avoids any commitment to contractualist norms of political justification. The argument developed appeals to the notion of a constitutional settlement. Constitutional settlements are complex on-going social practices that both express certain values to which political societies are committed and establish procedures for resolving disputes among members of these societies. As such, they are a product of both moral commitment and the balance of power. The paper shows how constitutional settlements relate to issues of stability and non-subjugation in politics, and explains how they can ground a distinction between justice and legitimacy.     

The Essential Factors of TQM Principles Implementation in Small Industries in Indonesia

The research aims to describe and identify Management） principles in small industries in the essential factors in implementation of TQM （Total Quality Indonesia. It was conducted by explorative and qualitative methods. Assessment of the implementation of TQM principles is done using the EFQM （European Foundation for Quality Management） Excellence Model. The result shows that the principles of TQM have been implemented in small industries in Indonesia especially in small industries which have QCC （Quality Control Circle）. This implementation is supported by evidences in each principle. The implementation of TQM in small industry should be done through a process of adaptation, which is important because each organization is tailored, so each organization will differ in implementing TQM.     

Whatever Became of the British?

Much of the debate about ‘being British’ is driven by the politics of the constitutional future of the United Kingdom. This has led to assertions about the declining impact of Britishness, and how, in the interests of the Union, it might be revived. Data from British and Scottish Social Attitudes surveys show that ‘Britain’ remains an important and meaningful frame of reference, even though people in England and Scotland may not define their prime national identity as British. The relationship between national identity and constitutional preferences is complex. Being ‘strongly Scottish’ is a weak predictor of constitutional preferences because almost all Scots are at the ‘strong’ end of the Scottish scale, whereas saying you are ‘British’ (or not) is a better guide. It is not a matter of choosing to be Scottish or English over being British, but recognising the complexity and inter‐relationships of diverse territorial identities.     

行政伦理对于行政效率的具体影响

行政伦理建设是提高行政效率的重要途径之一。行政伦理的三个主要方面即行政人员的道德素质．、行政组织的道德属性和行政运作的道德控制，都对行政效率有着直接或间接的影响。为了使行政伦理建设不与行政学或行政管理学的宗旨相冲突，就必须将行政伦理的三个主要方面的内容与行政效率的提高紧密地联系起来，在对行政伦理的三个主要方面的具体规定中突出有利于行政效率提高的伦理因素或伦理机制。     

宪法解释的功能、原则及其中国图景

作为一种实践智慧,宪法解释是宪政理想现实化的必由之路,其核心功能就在于宪法的适用,由此而产生的其他方面的功能只能是第二位的、派生的。历史解释原则和共时解释原则皆有其存在的合理空间,但它们在我国目前所能发挥的功能都是非常有限的,且难以得到实证支持。"宪法该由谁来解释"这样的问题只有在宪法得以真正适用之后,才能够顺理成章地得到解决。