马克思劳动关系理论与全球劳动关系的演变

马克思的劳动关系理论对于20世纪80年代以来全球劳动关系的演变过程具有很强的解释力,劳动关系内部权力结构及处理机制所发生的变化使劳动关系出现了极其严重的权力与利益分化,当代劳动关系的复杂性远远高于马克思所描述的19世纪的资本主义劳动关系。在马克思提出的劳动关系的理想模型中,不存在由劳权缺失所引发的矛盾、冲突与分化。在这种理想的劳动关系尚未实现的情况下,劳权保护机制是不能缺失的。在劳动关系内部,保护雇佣劳动者劳权的唯一途径依然是减弱资本优先权和管理优先权对劳动关系的过度控制。在劳动关系外部,完善的公共保障体系则能够同时保护雇佣劳动者和非雇佣劳动者的劳权。随着非雇佣劳动者数量的增长,劳权保护将对公共保障体系形成更多的依赖。     

论司法权运行的民主性——以自组织理论为分析工具

自组织理论作为研究自然界复杂性现象和事物的方法和工具,也应该适用于广义自然界下的人类社会这一复杂系统。比较可以发现,作为人类社会子系统的司法权运行系统,存在开放性、两造的非平衡性结构、证据裁判及非线性攻防特征,这与自组织的四个基本条件是吻合的,或者说司法权运行系统具有自组织性。同时,司法权运行中所必备的整体性视野、非决定论思想和不可逆理念也与自组织理论的哲学特性契合。司法民主是司法权运行系统的自组织性体现。以自组织理论分析司法权的运行,可以避免比较法、逻辑理性等法学视域的狭隘,为司法民主寻找更为客观的社会学和自然科学意义上的根据。     

The 2019 Greek parliamentary election: retour à la normale

Abstract

The July 2019 parliamentary election was the first national election since Greece officially exited the eight-year bailout programmes in August 2018. It was preceded by three ballots on European Parliament, regional and municipal elections in May 2019, which served as a decompression valve for the electorate to punish the incumbent government and indicate a clear will for governmental change, since the conservative party ND won by a landslide. Whereas ND’s victory in the parliamentary election was anticipated, it was its scale that would define the shape of the new government. Increasing its score by 11.76 points since September 2015, ND won 39.85% of the vote, securing a comfortable majority of 158 out of 300 seats. This is the first majority government in Greece since 2011, marking the return of the country to a new normality. Even if SYRIZA failed to deliver the anti-bailout programme which had initially brought the party to the centre of electoral competition, it still gathered 31.53% of the vote, losing just 3.93 points since its last victory in 2015, hence securing its place as one of the two key actors in the new two-partyism. Party fragmentation was limited to six parliamentary parties instead of eight, with the neo-Nazi party, Golden Dawn, having lost its parliamentary representation.     

Scripted Messengers: How Party Discipline and Branding Turn Election Candidates and Legislators into Brand Ambassadors

Political parties with strict party discipline are well-placed to demand that their election candidates and legislators promote the party brand. The franchise-franchisee relationship causes representatives to relinquish individual expression in exchange for centralized party messaging. This article looks at how a strategic desire for party unity combines with internal brand management to turn lower-ranking politicians in a parliamentary system into party brand ambassadors. Our Canadian case study draws on in-depth interviews with party leaders, Members of Parliament, political staff, candidates for office and prospective candidates. The implications for representative democracy in a Westminster system are considered, including the representational constraints for racial and sexual minorities.     

以公民权利制约行政权

公民权利与行政权的含义、关系及其公民权利对行政权的制约,长期以来是我国行政法上的一个盲点,同时也是一个焦点问题。本文从法源及其现实表现层面论述了二者的含义及相互关系,并从立法及其构建完善的法律体系方面阐述了公民权利对行政权的制约。     

Parliamentary Bills of Rights: An Alternative Model?

This paper examines the emergence of a new model for protecting rights (referred to as the 'parliamentary rights' model) in Canada, New Zealand, the United Kingdom, and the Australian Capital Territory. This parliamentary model is distinguished from the more traditional, judicial-centric, approach to rights protection in at least two ways. The first is that this parliamentary rights model incorporates the notion of legitimate political dissent from judicial interpretations of rights. The second way it challenges the court-centred model is by incorporating the systematic evaluation of proposed legislation from a rights perspective. Both of these features allow for the possibility of a broader range of perspectives on the appropriate interpretation of rights or the resolution of disagreements involving claims of rights than those arising from more judicial-centric bills of rights. The paper assesses whether this alternative approach to rights protection satisfies those sceptics who doubt the virtue or prudence of conceiving of political disputes as legal rights claims for which the judiciary has the dominant role in their interpretation and resolution.     

The role of the European Parliament in Turkey-EU relations: A troublemaker or a useful normative actor?

This article analyzes the role of the European Parliament (EP) in Turkey–EU relations. More specifically, it explores the reasons why in practice EP’s role in promoting fundamental values of the European Union (EU) in Turkey remained largely limited. Drawing on the broader socialization literature, it concludes that a combination of factors related to the socializer (EP) and to the socializee (Turkey) limits the EP’s effectiveness to emerge as a normative actor in its relations with Turkey. In particular, the study points to the mismatch of values promoted by the EP and those embraced by the Turkish political elite as the real obstacle that prevents any socialization mechanism from being triggered.     

Tensions between congress and the executive in nineteenth-century Argentina: federal intervention and separation of powers

SUMMARY

This article analyses the debates that took place in the Congress of Argentina between the enactment of the constitution in 1853 and the end of the century, regarding the powers of the executive and legislative branches for intervening in the provinces in case of internal conflict or external attack. It focuses on the controversies arising from different bills submitted to congress in order to enact a general intervention act to resolve, once and for all, the powers of each branch in that matter. Although those bills did not pass, a study of them shows the existing disagreements about the operation of the federal system and the separation of powers. Some of the differences were linked to the discussion of American constitutional doctrine in which Argentina had been engaged since the mid nineteenth century in order to solve the dilemmas of organizing its political institutions. This article claims that this analysis contributes to ongoing debates on the roots of political conflict in Argentina by showing the importance of institutional controversies, and argues that it is necessary to address the role of congress and of doctrinal dissent in order to revise the role that historiography has given to the disputes over power as an overall explanation for political confrontations.     

侦查权权力属性热议之冷思考

我国学术界对侦查权权力属性的争议主要集中在它是属于司法权还是行政权或司法行政权。我国不实行三权分立制度,因此立法权、司法权和行政权的分类方法只具有纯学术研究意义。以这种三权分类来划分侦查权,必须注意中国不同的国情和司法制度。侦查权力属性争议其实意义不大,我国当前更需要解决的是侦查权权力内容的法定、如何对侦查权进行制约与监督、侦查权行使中的人权保障和救济等问题。     

论程序法在反腐败中的作用

程序,在法学意义上通常表现为由法律规定的、人们从事某种行为所必须采用的程式、步骤、顺序、时限和手续;就本质而言,它实际上是一种由一定的程序性权力和权利共同组成并相互作用的、相对独立和固定的关系系统.法律程序所具有的关系性、人为性和强制性,使其既可以保证国家权力的顺利实现,又可以在约束权力恣意、防止权力腐败方面发挥重要作...