尼日利亚宪法述评

尼日利亚宪法和非洲大多数国家一样,发端于殖民地时期,受到原宗主国宪法模式和宪法原则的深刻影响.自1960年独立以来,尼日利亚宪法走上了一条曲折的探索道路,经历了由民选政府治理到军政府统治再到民选政府统治的转变.随着民主化浪潮在非洲各国的扩展,尼日利亚于1999年举行多党大选,并颁布了新宪法.然而,新宪法颁布后受到了国内外学术界的批评,在实施过程中也面临一定的问题.了解尼日利亚宪法曲折的发展道路及其完善的宪法制度,并深入探讨其面临的困境与发展出路,将有助于更好地认识非洲国家宪法发展的现状与发展趋势,对于我们国家的宪政建设也不无裨益.     

Somalia: federating citizens or clans? Dilemmas in the quest for stability

This paper is concerned with the theoretical analysis of the legitimacy challenges faced by the federalist structure of the Somali state, as established with the 2012 constitution. Understanding federalism in Somalia, I argue, is not a simple question of political power distribution: there is also a dichotomy between a predominant European-based conceptualisation of the state and the bulk of often-neglected Somali notions of communitarian organisation, to which the clan is a part. If the decentralised structure of clans in Somali tradition seems to realise a certain convergence with the current federalist project, the dichotomy is rather evident when it comes to the definition of ‘(civil) society’ in Somalia. Thus, in order to assess both the progression of the federalist project, more than four years after its launch, and the factual legitimacy it holds among the Somali population, this paper will focus on the complex relation between state and citizens.     

Committed to Coordination? Intergovernmental Councils as a Federal Safeguard

In this research note, I suggest that the design of intergovernmental councils (IGC) accounts for the extent to which they are able to prevent the federal government from encroaching on subnational jurisdictions. IGC operate in areas of interdependence where the federal government faces incentives to restore to hierarchical coordination. The effect of the intergovernmental safeguard is measured by the absence or presence of federal encroachment. Two concepts are useful to explain it: the extent to which governments are committed to coordination and the dominance of the federal government of vertical IGC. I argue that different combinations of the two variables help to understand the safeguarding effect of intergovernmental councils. In particular, I contend that in any configuration in which federal dominance is present the federal government can encroach on subnational jurisdictions. The research note shows how the concept of federal safeguards can be applied empirically.     

An optional European contract law code: Advantages and disadvantages

Should the EU introduce an Optional European Contract Law Code and what should it look like? By applying economic theories of federalism and regulatory competition (legal federalism), it is shown why an Optional Code would be a very suitable legal instrument within a two-level European System of Contract Laws. By allowing private parties’ choice of law to a certain extent, it can combine the most important advantages of centralisation and decentralisation of competences for legal rules. Through differentiated analyses of three kinds of contract law rules (mandatory substantive rules, mandatory information rules and facilitative law), important conclusions can be reached: which kinds of contract law rules are most suitable to be applied on an optional basis (e.g. facilitative law) and which might be less so (e.g. a core of information regulations). Furthermore a number of additional general conclusions about the design and scope of an Optional EU Code and some conclusions in regard to sales law are derived.     

The US‐South Africa binational commission

A critical look at the role played by South Africa in the initiative.     

Stabilization and symbolism: language and regional politics in the Chuvash Republic

The government of the Chuvash Republic, an ethno-federal region of the Russian Federation, used a targeted and symbolic language policy in an attempt to stabilize the position of the republic's titular language while avoiding conflict with local Russophones and the Russian federal government. The resulting policy allowed the republic's government to frame the existence of an autonomous Chuvash republic – as well as the local elite's form of governance – as being essential to the preservation of the Chuvash language and thus the Chuvash people. In this way, it used language politics to strengthen its position vis-à-vis both local constituents and the Russian federal government. However, the limited nature of the government's program has made its gains tenuous in the face of continuing Russian political and cultural recentralization.     

Between Market‐Preserving Federalism and Intergovernmental Coordination: The Case of Australia

This article investigates Australia's economic success since the 1990s. As this was set in motion by fundamental political reforms, it asks to what extent Australian‐type federalism has been an important factor in the reform process. By using two approaches ‐ the market‐preserving federalism approach of Weingast, which stresses the virtues of ‘limited government’, decentralisation and competition together with the intergovernmental coordination approach of Scharpf which argues for a ‘problem‐solving’ orientation of territorial actors ‐, the structure of Australian federalism, changes in the working of the federal system in the 1990s, and effects on policy‐making are scrutinised. The article demonstrates that a particular combination of a rather centralised federal structure and a particular type of intergovernmental coordination, i.e. collaboration, supplemented by the strong influence of new public management ideas, has been conducive to political reforms in Australia. This suggests that a decentralised and competitive version of federalism, as defended by Weingast, is not a necessary condition for embarking on a successful reform path in federal countries. In future research, both approaches or analytical dimensions should be used in order to better understand the relationship of intergovernmental relations and policy reforms.     

The Malaise of Federalism: Comparative Reflections on Commonwealth–State Relations

The High Court's decision in the ‘Work Choices’ case expanding further the scope of the Commonwealth's enumerated powers is the latest reminder of the highly centralised nature of Australian federalism. The division of powers traditionally forming the essence of a federal system has become increasingly difficult to discern and the roles and responsibilities of the two levels of government have become entangled. While for a good part of Australia's history divided jurisdiction was deplored as an obstacle to progress in government, today the decay of the system is most likely to be lamented. Discussion of options for reform presupposes an understanding of the forces that have led to the present condition. This article examines the Australian experience in a broader comparative and historical perspective and suggests that those forces are endemic and substantial.     

Two Political Worlds? Multi-level Campaign Integration in Canadian Constituencies

The purpose of this article is twofold. First, using survey data from Canadian constituency associations, the article explores the extent to which federal and provincial parties engage in cross-jurisdictional coordination. In doing so, this study builds on and empirically tests findings that have been derived from earlier case studies (i.e. Koop, 2011). Far from inhabiting ‘two political worlds’ the data reveal that parties are much more connected than previously thought. Second, the article seeks to uncover why some parties and associations are more integrated than others. Examining organizational design, the article concludes that vertical party integration is not simply an organizational phenomenon, as organizationally truncated parties still engage in modest levels of informal integration. In addition, constituency level factors are also considered. The results of a multinomial logistic regression demonstrate that parties are significantly more integrated in districts where they are electorally viable compared to those where they are weak.     

Differences That Matter: Overcoming Methodological Nationalism in Comparative Social Policy Research

Abstract

Welfare states are often discussed as if they were territorially homogeneous state-wide institutions measurable by state-wide expenditure averages and explained by country-level variables. It is rare in comparative policy studies to investigate the role of territorial politics in the outcomes of even federal countries. This article argues, using social policy examples in the UK and US, that the impact of intergovernmental finance and division of labour profoundly shapes social investment and redistribution – producing almost as much expenditure variance within the US as within the OECD. The findings show the importance of incorporating territorial politics and intergovernmental arrangements into comparative welfare state and policy analysis.