司法审查具有正当性

对司法审查正当性的探讨,学者们大多是从"民主的不信任"出发的。阅读了相关资料后,可以发现,当我们正积极呼吁建立这一制度时,在其发源地美国,学者更多的却是对它的怀疑与审视。而通过了解美国学者们对司法审查正当性的争论,梳理其司法审查的渊源及发展历程,明确美国法院在不同时期的司法审查态度与政策。可以肯定的是:尽管有许多学者怀疑司法审查的正当性并且提出深刻的理论批评,但司法审查的正当性毫无疑问。     

Legislative Organisation and its Determinants in European Parliamentary Democracies

Questions regarding the origin and evolution of legislative institutions are at the heart of comparative legislative studies. Much research in this area focuses on the US Congress; in contrast, comparative studies of European democracies have been more limited. Addressing this imbalance, this special issue showcases newly emerging research on legislative organisation in Europe. In doing so, it brings together contributions that explore the rationales behind the emergence of, and variation in, national European voting practices, investiture rules, minority rights, committee power, agenda control, debating rules and individual MPs’ rights.     

Coalitional presidentialism and legislative control in post-Soviet Ukraine

Two political scientists explore the significance of pro-presidential legislative coalitions in Ukrainian politics since 2000. They draw on an original survey of MPs and cabinet data to engage with the extant analysis of coalitional politics in Ukraine. Using the framework of “coalitional presidentialism,” which was first developed in the study of Latin American presidential systems, they find evidence to suggest that legislative coalitions are a meaningful feature of Ukrainian legislative life, and point to the tools that presidents use to maintain them.     

新型现代农业区建设与城乡一体化

在中国的城乡一体化进程中,提出了缩小城乡差距,城市支持农村,让农民平等参与现代化进程共享现代化成果的目标。该文在分析了推进城乡一体化发展中面临的现代农业的发展空间、城市无地可种和农村腹地边缘化等问题的基础上,提出了基本农田驻城发展都市休闲农业区,发展国营农场壮大现代农业区,村办农场同家庭承包有机结合复兴传统农业区,营造城乡三元结构有序推进城乡一体化发展的政策建议。     

Domestic scrutiny of European Union politics: Between whistle blowing and opposition control

Some European law proposals are subject to scrutiny by national parliaments while others go unchecked. The analysis in this article indicates that the opposition scrutinises European Union law to gather information on the proceedings inside the Council of Ministers and the European Parliament. Yet whereas strong opposition parties scrutinise highly politicised law proposals, weak opposition parties tend to scrutinise those proposals that are negotiated under the non‐transparent fast‐track procedure. In addition, there is ample evidence that the leading minister initiates scrutiny in order to strengthen his or her intergovernmental bargaining leverage. Yet, this Schelling Conjecture presumes that the party of the minister is located between the expected bargaining position in the Council and the coalition partner. Any other domestic interest constellation could lead to scrutiny motivated by whistle blowing. However, an issue's salience helps us to separate the whistle blowing from the Schelling Conjecture.     

十七大以来人民政协提案研究综述

提案是人民政协履行政治协商、民主监督、参政议政职能的基本方式。十七大以来,学术界的人民政协提案研究成果颇多,主要涉及概念研究、特点研究、作用及意义研究、存在的问题研究以及解决的对策和建议研究这五个方面,促进了人民政协提案研究的进步和繁荣。     

Going beyond the Roman dictator: a comprehensive approach to emergency rule,with evidence from Latin America

The aim of this article is to contribute to the debate on emergency rule, a practice that democratic theory has struggled to conceptualize. Accordingly, this article differs from existing approaches, which mainly focus on the constitutional design of regimes of exception and tend to identify the institution of the Roman dictator as their source. In contrast, we offer a comprehensive approach, considering other historical sources of emergency rule, going beyond the dichotomy of constitutional and de facto emergency, and focusing specifically on the types of emergency powers involved: executive, legislative and judicial. We propose a different way of conceptualizing emergency rule, following a political rather than a constitutional logic, and we illustrate this different conceptualization by offering evidence from Bolivia, Chile and Guatemala to demonstrate how this comprehensive approach works in practice.     

Disruptive democracy: analysing legislative protest

This introductory article outlines the conceptual approach of this special issue on legislative protest and suggests that this form of protest alerts us to the negotiated institutional politics of parliaments. Together with many contributors to this issue, this article briefly puts forward a performative approach to studying legislative protest that brings into focus the spaces in which performances take place, the speech and rhetoric through which is performed as well as the bodies that convey the somatic norms of institutions as well as to alert us to issues of representation and representativeness of legislative institutions. Legislative protest then is viewed not simply as disruptive and inefficient, bringing into disrepute the reputations of legislative bodies; rather the performance of protest is regarded as yet another register through which we can productively map the changing cultural and historical development of representative politics.     

Agenda Control in the Israeli Knesset during Ariel Sharon's Second Government

How do multi-party coalition governments share agenda power? In principle, coalitions might allocate agenda power among their members by distributing special proposal rights, distributing special blocking rights, or both. The literature has prominent models embodying each polar possibility, with Laver and Shepsle's model envisaging that each party in a coalition has the ability to propose any bill(s) it wishes within the jurisdiction of a ministry it controls; and Cox and McCubbins' cartel theory envisaging that each party has the ability to block bills, thus necessitating collective bargaining over the overall agenda. This paper shows that agenda-setting in Israel is not consistent with the ‘ministerial dictatorship’ version of the Laver–Shepsle model but is consistent with the Cox–McCubbins model.