Water Management in France: Delegation and Market Based Auto‐regulation

Abstract

In this paper, we show that the principle of equal access in the French legal code and the explicit flexibility of the actual delegation contract concerning prices and responsibility for risk have created the conditions for an effective system of market based, auto‐regulation that maximizes community welfare while maintaining a fair return for the delegated firm. The system is market based because auto‐regulation occurs within price–profit interval over which delegation is acceptable to both parties. For the system to be effective, the threat to revoke must be credible and the conflict of interest between the mayor and the commune must be resolved.     

Semi-presidentialism in lusophone countries: diffusion and operation

This article analyses the degree to which diffusion of Portugal's semi-presidential constitution occurred within lusophone countries following their move to multipartism in the 1990s. To do so, we first identify the main characteristics of the 1976 Portuguese constitution. Next, the constitutional choices made in Angola, Cape Verde, Guinea-Bissau, Mozambique, São Tomé and Príncipe, and East Timor are mapped. Using existing typologies, we classify these regimes and contrast them with their European and francophone African counterparts. Finally, we investigate the effective dynamics of lusophone semi-presidential systems by focusing on how heads of state deal with heads of government and parliamentary majorities. We claim there is a “family resemblance” among lusophone semi-presidential regimes. This finding is important because it accounts for constitutional choices in a group of recent democratizing countries, and shows how external influences interact with local factors to produce major political outcomes.     

Consociational settlements in deeply divided societies: the liberal-corporate distinction

Consociationalism is often proposed for societies deeply divided along ethnic lines, yet its recommendation remains contentious. Critics argue that it has a low rate of adoption, results in political immobilism, and entrenches the divisions it seeks to alleviate. Overlooked in much of the criticism, however, is the distinction between liberal and corporate forms of consociationalism, alternatively premised on the self-determination or predetermination of the ethnic groups involved in power-sharing. The article considers whether the critiques apply equally to both versions. Corporate consociation freezes a particular inter-group configuration in time, leading to drawn-out executive formation and, in some cases, to a cementing of divisions. However, liberal consociation runs into its own difficulties: consociational settlements are generally negotiated at the very point at which group identities are most politically salient and divisive. Under these conditions, groups are unlikely to settle for anything other than a guarantee of their share in power, thus making liberal consociationalism less likely to be adopted in negotiated settlements. The article also considers the factors enhancing the adoption of liberal consociational rules.     

The French Constitutional Law of 23 July 2008 as seen by MPs: Working or Talking Parliament?

The French constitutional law of 2008 is, with the modification of 47 articles, the most important revision of the Constitution of the Fifth Republic, at least in quantitative terms. Surprisingly, there have been few attempts to evaluate the effects of the reform, whose official aim was to improve the status of the role of the (traditionally weak) French parliament. The purpose of this contribution is to analyse how MPs themselves judge this reform and its effects, especially on the role of the parliament and its everyday work. To do so we make use of the data of the LEGIPAR research project (September 2009–January 2011): 227 MPs answered closed and open questions about their perception of parliamentary work in face-to-face interviews. The data of the project DEPASTRA (2005–6) allow for a comparison with MPs' positions before the vote of the constitutional revision of 2008.     

Preventive Policing and Security Plans: The Reception of New Crime Prevention Strategies in Three Finnish Cities

In Western countries today, security is seen predominantly as a problem of public places. This has given rise to a growing demand for new strategies of governing public places, the most popular of which are crime prevention, community policing (e.g., zero tolerance) and partnership. Their aim is to encourage the public sector, voluntary organizations and market actors to work more closely with the police in a local effort to create and maintain a safe living environment. This article looks at what kind of reception the new methods of governing public places have received in three Finnish cities (Helsinki, Lappeenranta, and Tampere) by reviewing their newly formulated security plans and programmes. The analysis of this document material makes use of the concept of moral regulation. The analysis focuses on the kind of local security problems that are identified in these security plans as targets of moral regulation; what kinds of techniques they propose for addressing and resolving these problems; and in what kind of crime prevention role they position the subjects of moral regulation (police officers and police partners) and the objects of moral regulation. The analysis shows that Helsinki aims to regulate the problems occurring in public places by emphasizing a neo­liberal ethos. Lappeenranta, on the other hand, walks a tight­rope in its security plan between communitarian and welfare state ambitions. Tampere, for its part, responds to the security threat in public places by adopting a neo­leftist stance (cf. the Third Way).     

克隆人立法的宪法规制

克隆羊"多莉"诞生以来,克隆技术迅猛发展,克隆人问题的现实性日益彰显。我国秉持"禁止生殖性克隆、支持治疗性克隆"的指导思想,出台了相关规章禁止克隆人。然而,目前我国克隆人的相关立法有违背宪法上的法律保留原则和比例原则之嫌,存在着合宪性问题。建议全国人大根据法律保留和比例原则制定专门的《克隆技术管理法》,明确界定克隆人的相关概念,禁止任何人从事生殖性克隆,并明确规定监管机关的监管职责以及违法应当承担的法律责任,同时将生殖性克隆入罪、明确立法的"落日条款",以消解当前克隆人立法的合宪性问题,实现克隆人立法的宪法规制。     

The limits of economic globalization in East Asian developmental states

Abstract

In an attempt to adjust to economic globalization or internationalization, East Asian developmental states have liberalized their domestic economic systems, accelerating the introduction of the free‐market ideology. Despite their plan to establish the internationally compatible open‐market economy, however, the extent to which they can advance economic liberalization is limited. Political and economic burdens that the developmental state's extensive intervention in the market has incurred in the course of state‐led mercantile economic development, make it impossible for those states to execute full‐scale economic liberalization. The South Korean case clearly shows this. The Korean developmental state retains two major economic burdens: the exclusive ownership and the poor financial structure of the chaebôl. Insofar as Korean big business preserves those weak spots, the government cannot surrender the power of regulation despite its spontaneous implementation of the economic liberalization policy. In addition, the common ‘egoistic’ interests which government bureaucrats and the political class share also limit the degree to which economic liberalization policy can be implemented. The degree of state intervention in the market in Korea has been deeper than that in Japan which pioneered Asian developmental statism, and, thus, the political and economic burdens it has incurred for itself are heavier. Consequently, the East Asian developmental state cannot entirely withdraw its intervention in the market. The ‘support’ of industries is likely to diminish, but ‘regulation’ for the formation of the autonomous market will increase. For the Korean developmental state, globalization and economic liberalization are political economic slogans to re‐launch economic growth and to elevate the international economic competitiveness of industries under the initiative of the state, and motivated by nationalistic reasons. Hence, the role of the state in the market is still far from becoming redundant even in the tide of globalization and economic liberalization in the case of South Korea, where the legacy of strong developmental statism remains considerable.     

Choosing between the government and the regions: An empirical analysis of the Italian constitutional court decisions

In this article the extent to which political variables can explain the behaviour of constitutional judges in Italy when dealing with conflicts between the central government and regions is explored. Two competing hypotheses are tested. One hypothesis argues that one should expect some alignment between the political preferences of the judges and the success of the central government primarily due to the appointment mechanism. The other hypothesis suggests that there should be no systematic alignment between the political preferences of the judges and the success of the central government. Unlike previous literature, the empirical results presented in this article seem to confirm that when the Rapporteur and the court's majority are allegedly affiliated with the Prime Minister's coalition, the odds of success of the Prime Minister go up.     

Design determinism,post-meltdown: urban planners and the search for policy relevance

This commentary explores the roles of planning and urban design in contemporary US urbanization following the global financial crisis in Fall 2008. We focus on the tendency to discuss the planning profession in recovery metaphors – a perspective that has been emphasized in establishing how the profession's past and future relevance may be asserted. In the recent past the planning profession has sought to recover its standing and policy relevance through its contributions to real estate development. In doing so, the profession has gravitated toward design and determinism in order to satisfy pluralist demands within the loosely regulated political economy of neoliberal urban growth. But while design determinism offered numerous practical advantages to the planning profession for the short term, it also served to preclude the profession from engaging with social justice, the social construction of place, and civil society.