美洲发现对现代立法者的启示——《政府论》中自然法思想的可能性初探

霍布斯开创了现代政治哲学,但其学说矛盾重重,洛克完善了它。在《政府论》中,洛克为现代人勾画了一套政制蓝图。在其中,洛克通过精巧布置的美洲论述表明了他的意图,《政府论》中的政制蓝图具有现实的实践意义,它可以在新发现的大陆——美洲——得以最充分的展现。     

法律授予权利的正当依据

从规范实证主义法学的立场上看,权利源于法律,授权性规范就是授予权利的法律规范。为什么法律可以授予权利?从授权性规范的语境入手,我们可以找到四种与授权相关的主体立法者、权利主体、社会公众、法学家。法律授予权利的正当依据,可以从这四种主体的角度得到论证。     

Challenges and constraints for post-Soviet committees: exploring the impact of parties on committees in Ukraine

This study focuses on the impact of parliamentary parties on committees' structure and activity in the post-Soviet context. Through a case study of committees in Ukraine's Rada, the paper demonstrates that weak, fluid parties can act as a barrier to committees' efficacy by shaping their structure, leadership and by blocking ameliorating reforms. Although Ukraine's committees were formally allocated a significant role in the law-making process, in practice the realisation of this function was constrained by parties and also by context of the wider institutional uncertainty.     

The winners of legislative mandate: An analysis of post-parliamentary career positions in Germany and the Netherlands

Little is known about the careers of parliamentarians after they leave parliament. We analyse the post-parliamentary careers of German and Dutch parliamentarians over the last 20 years and document the presence of a persistent and substantial gender gap. This gap exists regardless of party, country or political position and persists even when the status of the pre-parliamentary profession and achievement within parliament are controlled for. Aside from demonstrating our findings, we offer new insights into possible explanations for the dynamics behind them. Additionally, we show that parliament only serves as a stepping stone for a more successful career for a relatively small share of politicians: only 32 per cent of MPs obtain more attractive positions in the public or private sector after their legislative service.