检察机关法律监督职能的“表达”与“实践”——以宪法定位与实践的背离为视角

“检察机关是国家法律监督机关”的宪法定位与检察机关的法律监督实践存在较大差距和背离，这种背离现象引起了理论界关于检察制度的质疑牙口争论。导致法律监督职能“表达”与“实践”之间背离的原因是法律监督立法本身不协调、法律现代化转型过程中“移植法治”的路径造成检察制度多元混合体的弊端、制度变革中“立法推动主义”路径的局限以及检察基础理论研究的“内卷化”倾向等。“表达”与“实践”之间的背离对检察工作的影响是双重的，既可能引起理论争议从而削弱检察机关的权威，也可能促使检察机关采取推动法律监督立法、成立专门的诉讼监督机构等多种措施强化法律监督，以逐渐找回自身正当性的定位。     

Partisan Bridges to Bipartisanship: The Case of Contraceptive Coverage

The negative consequences of polarization have been pointed to by scholars and politicians alike as evidence of a need for a renewal of bipartisanship. However, scholarship on bipartisanship remains limited. This article develops a theory of partisan bridging that predicts when and why certain legislators might be willing to cross the partisan aisle. I argue that personal preferences can lead some legislators to cross the aisle in search of consensus, in effect serving as “partisan bridges.” I test my theory by examining the role of Republican women in the diffusion of contraceptive coverage at the state level. Through an individual‐level analysis of sponsorship and vote choice and an aggregate‐level analysis of policy diffusion, I find that moderate Republican women at times served as critical actors in the policy process.     

Advancing coordinated cyber-investigations and tool interoperability using a community developed specification language

Any investigation can have a digital dimension, often involving information from multiple data sources, organizations and jurisdictions. Existing approaches to representing and exchanging cyber-investigation information are inadequate, particularly when combining data sources from numerous organizations or dealing with large amounts of data from various tools. To conduct investigations effectively, there is a pressing need to harmonize how this information is represented and exchanged. This paper addresses this need for information exchange and tool interoperability with an open community-developed specification language called Cyber-investigation Analysis Standard Expression (CASE). To further promote a common structure, CASE aligns with and extends the Unified Cyber Ontology (UCO) construct, which provides a format for representing information in all cyber domains. This ontology abstracts objects and concepts that are not CASE-specific, so that they can be used across other cyber disciplines that may extend UCO. This work is a rational evolution of the Digital Forensic Analysis eXpression (DFAX) for representing digital forensic information and provenance. CASE is more flexible than DFAX and can be utilized in any context, including criminal, corporate and intelligence. CASE also builds on the Hansken data model developed and implemented by the Netherlands Forensic Institute (NFI). CASE enables the fusion of information from different organizations, data sources, and forensic tools to foster more comprehensive and cohesive analysis. This paper includes illustrative examples of how CASE can be implemented and used to capture information in a structured form to advance sharing, interoperability and analysis in cyber-investigations. In addition to capturing technical details and relationships between objects, CASE provides structure for representing and sharing details about how cyber-information was handled, transferred, processed, analyzed, and interpreted. CASE also supports data marking for sharing information at different levels of trust and classification, and for protecting sensitive and private information. Furthermore, CASE supports the sharing of knowledge related to cyber-investigations, including distinctive patterns of activity/behavior that are common across cases. This paper features a proof-of-concept Application Program Interface (API) to facilitate implementation of CASE in tools. Community members are encouraged to participate in the development and implementation of CASE and UCO.     

Responsive to whom? A comparison of the Mitterrand and Hollande presidencies

This article investigates the responsiveness of the Parti socialiste towards specific social groups under the Hollande and Mitterrand presidencies. It thereby contributes to the discussion on the changing representativeness of social democratic parties in Western Europe. The study is based on a content analysis of the governments’ justifications for the annual budget. With this innovative approach it is possible to assess whether the responsiveness of a party persists at the governmental level. Through an inductive coding procedure, three categories of responsive justifications are discerned: inequality reduction, needs of specific social groups and general functioning of society. In line with its title, the article mainly focuses on the second category, identifying a shift from responsiveness to the low-income classes towards responsiveness to the middle classes. Furthermore, a corresponding transformation of the Parti socialiste is observed, from advocating expansive policies in the early 1980s to justifying restrictive policies today.     

Limits of Participatory Democracy in European Governance

The Lisbon Treaty (Article 11) recognises the provision on participatory democracy as a democratic principle of the European Union (EU), thus constitutionally legitimising the involvement of civil society in European governance. However, at least three issues relating to the democratic dimension of this practice remain unresolved. First, it is not possible to specify precisely how the participation of civil society relates to democracy. Second, having established representative democracy as the founding democratic principle of the EU (Article 10), the Lisbon Treaty does not allow assessing the provision on participatory democracy as an independent source for democracy. Third, the putative democratising potential of participation would not be construed independently, not only because representative democracy is defined as the founding principle of the EU but also because participation cannot be thought of as independent from the form of the consultation regime, the constitutional framework and the managerial and technocratic styles of policy‐making.     

Recalling MPs: Accountable to Whom?

The legislation on recall of MPs, introduced as a response to the parliamentary expenses scandal, was presented as filling an accountability gap. The nature of this alleged gap is examined, and it is argued that the accountability of Members of Parliament is more complicated than the recall proposal suggests. This includes issues about the regulation of parliamentary standards. Finally, the recall proposal is located within the context of discussion about the condition of representative democracy.     

Agents of past principals: The lasting effects of incumbents on the political ideology of bureaucrats

Understanding representation is central to politics. Numerous studies assess under which conditions politicians share citizens’ ideological preferences. However, under which conditions bureaucrats share citizens’ ideological preferences has not been systematically studied. Yet, bureaucratic preferences shape policy outcomes. Our paper thus studies why bureaucrats are more right or left-wing than citizens in some countries and points of time, yet not others. We theorize that political ideologies of past incumbents shape this variation. Incumbents can select ideologically aligned bureaucrats and socialize bureaucrats into ideological preferences; moreover, prospective bureaucrats may self-select into ideologically aligned governments. As bureaucratic tenure exceeds political tenure, this politicization has lasting effects. Survey data from 87 countries supports this argument: bureaucrats are more left-leaning than citizens in countries with longer prior rule by economically left-wing governments, and more right-wing in countries with more authoritarian pasts. This suggests that incumbents continue to shape the ideological preferences of bureaucrats after leaving office.     

Mobilising support when the stakes are high: Mass emails affect constituent-to-legislator lobbying

Mass emails are frequently used by advocacy groups to mobilise supporters to lobby legislators. But how effective are they at inducing constituent-to-legislator lobbying when the stakes are high? We test the efficacy of a large-scale email campaign conducted by the UK's main anti-Brexit organisation. In 2019, the group prominently displayed a ‘Write to your MP’ tool on their website and assigned 119,362 supporters represented by legislators with incongruent views to one of four email messages encouraging them to write to their MP or a control condition (no email). Messages varied across two factors: whether the MP's incongruent position was highlighted, and if urgency was emphasised. We find that 3.4 per cent of treatment subjects contacted their representative, compared to 0.1 per cent of those in the control, representing an additional 3,344 emails sent to MPs. We show that there was no substitution away from the most frequently used online legislator contact platform in the United Kingdom. While, on average, position and urgency cues had no marginal effects above the standard email, the most engaged supporters were more mobilised when informed that their MP held incongruent views. This study shows that advocacy groups can use low-cost communication techniques to mobilise supporters to lobby representatives when the stakes are high.     

Representations of terrorism and the making of counterterrorism policy

Reflexive approaches not only maintain that representations of danger are socially constructed but also that they relate with political behaviour. Representations of terrorism, for instance, are argued to constitute that danger in distinct ways and thus to make certain counterterror policies possible. This article challenges this popular association of reflexive security studies with constitutive effects. It argues that constitutive argumentation advances an insufficiently tangible argument of effect, and that this conceptual weakness derives from both a problematic foundational social theory and a premature rejection of causation. Drawing on the social theory of Margaret Archer and Roy Bhaskar and a differentiated notion of causation, the article advances a “dialectical causal” framework for the analysis of representations of danger instead. Applying it to contemporary Swiss terrorism politics, the article shows how this framework improves on constitutive argumentation in disentangling the political powers involved in the production and enactment of representations of danger.     

不熟练汉英双语儿童概念表征的发展

本研究使用跨语言语义分类任务探查了不熟练汉英双语儿童概念表征的特点,被试为从小学一年级开始学习英语的小学三年级、五年级和初中一年级学生.结果发现,三年级被试的语义分类反应只有在目标词为第一语言时,受到范畴语言的影响.五年级被试的语义分类反应只有当目标词为第二语言时受到范畴语言的影响,初中一年级被试的反应不受范畴语言影响.这些结果表明,不熟练汉英双语儿童的第二语言词能够直接通达概念表征,随着年级的升高,第二语言词和概念间的联系增强,这种通达能力也逐渐由弱变强.