论通过宪法诉讼的权力制约路径

中国传统的权力制约机制因其不具有一种常规性的政治纠错功能而存在天然缺陷,宪法诉讼从表面上看虽然身处"反民主之困境",但基于二元民主理论、基本人权的价值取向及其所具有的权力动态平衡功能,是一条具有政治正当性的权力制约路径.     

Between Government and Governance: Opening the Black Box of the Transformation Thesis

The notion of going from government to governance, known as the transformation thesis, as depicted in early Governance Theory has been subjected to substantive critique. This paper explores two different stances of such critique. The first critical stance is represented by Jonathan S. Davies’ 2011 book “Challenging Governance Theory: From networks to hegemony” and entails a radical rejection of the transformation thesis. The second stance offers a more moderate reconfiguration of the transformation thesis and is represented by the recently co-authored work of several prominent governance theorists titled “Interactive Governance: Advancing the paradigm”. While both aspire to set new agendas for governance research, this paper argues that the latter reconfiguration carries a problematic preposition towards overemphasizing the separation between government and governance practices.     

Transatlantic cooperation on terrorism and Islamist radicalisation in Africa: the Franco-American axis

Transatlantic cooperation on security has a long history. In Africa, transatlantic cooperation on security is basically between France and the United States. This paper asks why the two former competitors in Africa started to cooperate and also why they are so willing to engage militarily. The central argument in this paper poses that France and the US cooperate because it is indispensable to both parties. To France, the cooperation is indispensable because the US is the only power with sufficient financial means and with sufficient air-lift capacity to transport French and African troops into conflict-ridden countries. To Washington, cooperation with Paris is indispensable because the French authorities have unique access to intelligence and knowledge about large parts of Africa. By applying a foreign policy analysis framework, the paper analyses how perceptions of decision-makers, the role of personality and leadership, the role of government institutions and political systems have impacted the relevant decisions. It is emphasised that the two different decision-making systems – the French “state dominated” and the American “society dominated” – produce the same result, namely collaboration. It suggests that the perception of a serious threat from terrorism and Islamist radicalisation overrules differences in decision-making systems.     

Dodging the bullet: How crises trigger technocrat‐led governments

Governments led by nonpartisan, ‘technocratic’ prime ministers are a rare phenomenon in parliamentary democracies, but have become more frequent since the late 1980s. This article focuses on the factors that lead to the formation of such cabinets. It posits that parliamentary parties with the chance to win the prime ministerial post will only relinquish it during political and economic crises that drastically increase the electoral costs of ruling and limit policy returns from governing. Statistical analyses of 469 government formations in 29 European democracies between 1977 and 2013 suggest that political scandals and economic recessions are major drivers of the occurrence of technocratic prime ministers. Meanwhile, neither presidential powers nor party system fragmentation and polarisation have any independent effect. The findings suggest that parties strategically choose technocrat‐led governments to shift blame and re‐establish their credibility and that of their policies in the face of crises that de‐legitimise their rule.     

To revise or not to revise: the ‘peace constitution’, pro-revision movement,and Japan's national identity

Why do conservative nationalists in Japan continuously seek to revise the constitution despite the past failures, and what is the likelihood of successful revision and its impact on Japan's norm of pacifism and its use of force? The article offers an analytical framework for the issue based on national pride and national security, and argues that the ‘revisionists’ seek to create a new national identity, one that infuses a greater sense of national pride among the public and enables the exercise of collective self-defense, thereby removing Japan's postwar psychological and institutional limitations on nationalism and military activities. The LDP's 2012 draft is most explicit and ambitious in this regard, with the current revision attempt under Abe having the highest chance of success since the 1950s. Successful revision would significantly expand Japan's security activities, particularly within the framework of the US–Japan Security Alliance, and entail the end of Japan's unique postwar institutionalized pacifism, although the norm of pacifism will linger on as a constitutional principle. For a smoother return to the international military scene, the Japanese government must distance itself from historical revisionism and utilize its enhanced military role to promote regional public goods rather than merely protecting its narrow national interests.     

South Korean views on Japan's constitutional reform under the Abe government

In this Special Section, this article reviews South Korean views on Japan's ‘peace’ Constitution and the Abe government's attempts at constitutional reform. It identifies three different understandings among South Korean academics on why Japan is escalating attempts to revise the Constitution under the Abe government. An in-depth analysis demonstrates that all three perspectives pay specific attention to Japan's constitutional reform in relation to security policy changes. However, they differ in assessing the impact of Japan's constitutional reform on South Korea as well as how South Korea should deal with such a change. A minority opinion considers Japan's ‘remilitarisation’ through constitutional revision as conducive to South Korean security interests by increasing deterrence against North Korea, whereas the dominant opinion is that any attempt to revise the Constitution could be in and of itself a potential threat to South Korea's security due to a lack of trust attributed to unresolved historical conflicts between Korea and Japan. However, all three approaches pay hardly any attention to the positive role of Japan's peace Constitution while Japan's peace Constitution might provide a regional peace model in Northeast Asia.     

The Komi of the Kola Peninsula within ethnographic descriptions and state policies

For more than 100 years, ethnographic accounts have highlighted the non-nativeness of the Komi diaspora to the Kola Peninsula, contrasting it with the indigenous Sami population. Their legal status there has been a vexed issue unresolved by Tsarist administrators, Soviet ethnic policies, present-day ideas of multiethnic civic nation, and global indigenous activism. In the everyday life, however, there are no apparent differences between the two ethnic groups and their traditional lifestyles in the rural area of Murmansk region. Juxtaposing historical ethnographic accounts on the Izhma Komi with my fieldwork experiences among the Komi on the Kola Peninsula, I show how ethnographers uphold dominant ideologies and promote different state policies. The ambiguous ethnic and indigenous categorizations from their accounts reverberate in popular stereotypes, political mobilizations from below, and state policies from above. In this way, they make an interesting case for the practical problems of generalization and essentialism.     

Preventing Dysfunction and Improving Policy Advice: The Role of Intra‐Departmental Boundary Spanners

It is well established in the public management literature that boundary spanners – people or groups that work across departments or sectors – are critical to the success of whole of government and joined‐up working. In studying recent unprecedented change to central government agencies in the Australian context, our research identified that intra‐departmental boundary spanners also play a critical role in the functioning of government departments, particularly during restructuring. Although most contemporary literature in public management concentrates on boundaries across formal organisational entities (departments, agencies, sectors), boundaries also exist within departments. Our research has found that without dedicated intra‐departmental boundary spanners, significant role confusion and dysfunctional practices arise. In turn, this has serious implications for the quality of policy advice given to Cabinet. Further research needs to be undertaken into both the role of intra‐departmental boundary spanners and how to nurture and manage the practice of intra‐departmental boundary spanners. This is especially the case if changes in Australia represent a fundamental shift more broadly in the way central government agencies operate.     

How the City of London lost at Brexit: a historical perspective

The nature of the City of London as an offshore financial centre has long made London dependent on the British state providing protection from external political regulation, even as London’s foreign currency business separated its interests from British governments’ economic policy preoccupations. Since the 2008 crash and the onset of the eurozone crisis, London has faced threats to both its autonomy from external regulatory demands and to its offshore business interests at the same time as the long-standing external statecraft of British governments around EU membership has broken down. The Cameron governments’ efforts to protect the City within the European Union under political conditions that were transformed by the eurozone crisis exposed the limits of Britain’s position as a member of the European Union. When David Cameron then tried to resolve the problem of EU membership through a referendum he made it extremely difficult to defend the City’s broader commercial interests in the Single European Market because freedom of movement issues weighed significantly more in British domestic politics than financial services.