论央地法律关系中的宪法主体及其利益博弈

中央与地方之间的法律关系,是宪法学上的一个基本命题,受到多方宪法主体的影响。由于宪法基础的缺失,我国央地关系的协调呈现出了较多的非理性色彩。为此,就必须透过多方宪法主体之间的博弈与互动,理解和把握央地法律关系的实质和全貌,在宪政层面上实现央地间的规范性分权,构建起制度化的公平、公正的利益博弈机制。     

The Quest for Community Development in Nigeria: Interrogating the Utility of Fourth-Tier System of Government in Imo State

The recent establishment of fourth-tier system as a distinct, but coordinating level of government in Imo State came with the expectation that it would facilitate community development. However, the underdevelopment situation of most communities dashed this expectation. Thus, this recent study adopted theory of postcolonial state as our analytical framework to interrogate the development utility of the fourth-tier system using mixed research methods for evidence gathering and analysis. The analysis revealed that the system grossly underperformed its development functions resulting from lack of stakeholders’ supports, which should be the basis for determination and implementation of fourth-tier system in Imo State.     

财政市场、土地资本化与异质性城市化

在以政府为主导的城市化进程中,土地财政成为了地方政府“经营城市”的重要手段。我国土地财政规模大、比例高,其形成不仅源于地方政府财权、事权不对等和地区之间、官员之间的竞争,究其质里,则是政府实现财政市场目标的行为投射。地方政府融资平台也基于相同的逻辑生成,帮助实现了土地财政的本质——资本化,弥补了地方政府的财政缺额。但是,土地的资本化提高了城市化成本,衍生出异质性,形成了空间与人口的矛盾,积累了凝结在城市中的金融、社会和道德风险,亟需引起重视。     

限量放权后"模仿式"地方立法困局的破解之道

修订之后的《立法法》对设区的市实施的限量放权是我国立法体制的重大变化,也是十八届三中、四中全会以来力求走出中央与地方关系怪圈的最新探索.限量放权的重大改革举措,虽然为地方治理经验的法治化吹来一股清新之风,但也使迅猛推进的"模仿式"立法转而陷入尴尬的窘境之中.切实共享立法体制改革的制度红利,实现地方事务治理的法治化与规范化,必须准确把握地方立法限量放权的初衷与要点,从注重问题导向与民意担当的高度,着眼于"为谁立法"立什么法"怎样立法"等关键问题,均衡各方利益博弈,做好配套制度变革,真正使地方立法平稳过渡与有效承接,及早摆脱"模仿式"地方立法的时代困局.     

历史上中国中央与地方实质性分权的实验——以民国《湖南省宪法》的制定与实施为样本

中央与地方的权力划分是任何一个国家民主化进程中不得不面对的一个难题。历史上中国自秦汉以降的中央集权制度,到了清末民初时已完全不能适应政治现代化的时代潮流。1920年代初的省宪运动就是当时人们为解决中央专制集权所做的努力,《湖南省宪法》就是其中的一个最具有示范性的样本。它首次在中国历史上对中央与地方的权限进行了明确的划分,并在一省之内付之实施。虽然这次分权的实践最终夭折,但它为我们遗留的民主政治经验和教训,不乏政治改革的智慧和启迪。     

Revitalization of waqf administration ＆ family waqf law

Historically speaking, the institution of waqf played an incredible role in providing all the basic and fundamental services to Muslim societies in terms of providing education, goon health care, basic infrastructures, employment opportunities, enhanced the commercial and business activities, food for the hunger, sheltered for the poor and the needy, besides supporting the agricultural and industrial sectors. Nevertheless, its role has been deteriorated since the end of the 19th century up to the present as the governments in different Muslim countries centralized its administration and abolished family waqf. The main objective of this paper is to revitalize the administration and the law of waqf in order to meet the basic and the essential services which are needed in Muslim societies and without any cost to the government.     

论单一制中国的财政联邦制——以中央与地方财政关系为视角

单一制与联邦制只不过是国家纵向权力配置模式的类型化。任何国家都存在集权或分权两种力的作用,中国便是一个带有联邦制因素的单一制国家。中国财政联邦制的发展与单一制国家结构框架内的体制多有抵牾,但中国财政联邦制的变革并不意味着宪政联邦制的确立。     

The differential demand for indirect rule: evidence from the North Caucasus

Indirect rule is one of the means that central authorities have long employed in hopes of defusing communal conflict and civil war in multicultural societies. Yet very little is known about the appeal of indirect rule among the ruled themselves. Why do people in some places demand more indirect rule and local autonomy, whereas others seem content to be governed directly by rulers of an alien culture? This is a crucial question with important implications for determining the form of governance that is most likely to provide social order in culturally heterogeneous societies. Although much attention has been given to consider the relative costs and benefits of direct versus indirect rule for the central authorities, the other side of the coin – namely, the variable demand for indirect rule among the members of distinctive cultural groups – has hardly been examined with systematic empirical data. This paper presents a theory of the differential demand for indirect rule and offers an initial test of its principal empirical implications using original micro-level data from the North Caucasus region of Russia. The theory's core claim is that the middle class should express the greatest demand for indirect rule, while both the upper and lower classes should prefer more direct rule. The theory therefore predicts that there will be an inverse parabolic relationship between the demand for indirect rule and economic class. The findings are largely consistent with these theoretical expectations.     

Definitions and Typologies in Public Administration Research: The Case of Decentralization

The field of public administration knows many concepts. By focusing on one such concept, this research shows how definitions can be deceptive, and how typologies unable to capture all dimensions of a concept can blind policy makers and researchers. We concentrate our attention on decentralization. This has been a core concept in the field of public administration for decades. Definitions and typologies of decentralization have flourished. The present study gives an overview. We categorize definitions and analyse their different emphases. Typologies serve to order and compare items, but have themselves become prone to disorder. We provide a meta-analysis of typologies, exposing the wide variety of policy dimensions. Even after aggregation, typologies ignore—and definitions explicitly exclude—certain aspects of decentralization. One such issue is “silent decentralization.” It is characterized by absence of explicit decentralization reform, and thus distinguishes itself mainly by its potential origins: network changes, initiative shifts, policy emphasis developments, or resource availability alterations. Highlighting this particular aspect might well proof useful for other concepts in the field as well.     

Slapping Accountability in the Face: Observance of Accountability in Malawi's Local Governments in the Absence of Councilors

Against the background of Malawi having had no councilors since the second quarter of 2005, this article aims at establishing the effects of the absence of councilors on the promotion of accountability as a tenet of good governance as espoused in the National Decentralization Policy. Adopting a mixed research design with a strong bias towards qualitative research methodologies, the article finds out that in the absence of councilors, observance of accountability by local governments has been negatively affected. The article argues that in the absence of councilors there has been reversal of accountabilities whereby horizontal accountability has been given more emphasis than vertical accountability; having a secretariat that is both a decision-maker and implementer of decisions has been a recipe for abuse of power; and interim mechanisms and emerging institutions responsible for advocating accountability are limited and a mockery of good governance.