实证主义经济宪法学的基本结构——一个基于文献综述的研究

实证主义经济宪法学的研究包括了对制宪程序及其影响因素的经济研究和对宪法规则产生的经济影响的研究两个部分。前者包括:第一,静态经济研究,主要是对影响制宪程序的因素的研究,在制宪的经济背景,个体的利益衡量、偏好、价值观、意识形态,社会的风俗、习惯、社会规范和诸如利益集团、社会组织、供以参考的其他国家的宪政制度等。第二,动态经济研究,主要包括对显性宪法变迁的经济研究和对隐性宪法变迁的经济研究。后者包括研究宪法权利的经济影响和研究统治结构的经济影响。     

通过诉讼的政府控制

没有控制的权力必然导致腐败.政府权力应受到控制已成为世界各法治国家所遵从的一条公理.政府权力的无限扩张性、执政理念转变的必然性使人们开始意识到有限制政府权力之必要.实现法治国家首先要求对政府权力有所控制,通过诉讼(行政诉讼和宪法诉讼)对政府进行控制不失为一条有效的途径.针对当前国际国内形势,首先要弱化权力崇拜、强化行政服务,其次要完善行政诉讼法、加强对政府的监督,而宪法的权威性和至上性决定了通过宪法诉讼是控制政府权力的首要选择.我国在完善行政诉讼的同时亟须建立适合我国国情的宪法诉讼制度.     

Chinese American Adolescents’ Perceptions of the Language Brokering Experience as a Sense of Burden and Sense of Efficacy

Children of immigrants who do translations and who interpret for others using their heritage language and English are known as language brokers. Although prior research suggests that children of immigrants’ perceptions of the language brokering experience vary greatly—from feeling a sense of efficacy to feeling a sense of burden—what remains unanswered in the literature is identification of the antecedents and processes that help to explain the varying psychological experience of language brokers. Using data from a two-wave prospective longitudinal study of 256 Chinese American adolescents, the present study tested potential mechanisms that may be responsible for adolescents’ perceptions of the language brokering experience as a sense or burden or sense of efficacy. The results demonstrate that adolescents’ Chinese orientation sets in motion a family process that is linked to variations in the perceptions of adolescents’ language brokering experience. Adolescents who are more Chinese oriented have a stronger sense of familial obligation, and these adolescents are more likely to perceive that they matter to their parents. Adolescents’ perceived sense of mattering to parents, in turn, is associated positively with a sense efficacy, and negatively with a sense of burden as language brokers. Those adolescents who are less Chinese oriented have a weaker sense of familial obligation, and these adolescents are more likely to feel a sense of alienation from their parents. Adolescents’ sense of perceived alienation from parents, in turn, is associated with a sense of burden as language brokers. Implications for developing interventions for children who act as language brokers for their parents are discussed.

Perceptions of Racism and Depressive Symptoms in African American Adolescents: The Role of Perceived Academic and Social Control

Experiences with racism are a common occurrence for African American youth and may result in negative self perceptions relevant for the experience of depressive symptoms. This study examined the longitudinal association between perceptions of racism and depressive symptoms, and whether perceived academic or social control mediated this association, in a community epidemiologically-defined sample of urban African American adolescents (N = 500; 46.4% female). Structural equation modeling revealed that experiences with racism were associated with low perceived academic control, which in turn was associated with increased depressive symptoms. Findings suggest that experiences with racism can have long lasting effects for African American youth’s depressive symptoms, and highlight the detrimental effects of experiences with racism for perceptions of control in the academic domain. Implications for intervention are discussed.

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.     

Scotland's Progressive Dilemma

Since the 1980s the Scottish National Party has presented its political project in progressive terms, but this created a twin dilemma: in order to achieve independence, the SNP needed to win political power, and in order to achieve political power it had to win an election, and orthodoxy dictated that winning elections in Scotland involved a centre‐left platform. But the two have often been in conflict, as is clear as the SNP approaches its tenth anniversary in devolved government and agitates for another referendum.     

What is the Canon in American Politics? Analyses of Core Graduate Syllabi

Many core graduate-level seminars claim to expose students to their discipline’s “canon.” The contents of this canon, however, can and do differ across departments and instructors. This project employs a survey of core American politics PhD seminar syllabi at highly ranked universities to construct a systematic account of the American politics canon. Our results offer valuable insights into the topics and literature that political scientists consider important and on which future scholars base their work. Our article breaks down the literature into a comprehensive list of topics and subtopics, which allows us to identify both an overall field canon and one for each topic, to assess whether some topics receive more attention than others, and to identify which topics are most clearly defined. We explore the extent to which diverse perspectives and methods are (or are not) taught to young scholars, and, although we identify sets of frequently assigned readings and authors within each topic, we also find considerable variation between seminars.     

It Can't Happen Here,1 or Has It? Sinclair Lewis's Fascist America

Sinclair Lewis, the first American to win the Nobel Prize in Literature, anticipated many aspects of Donald J. Trump's 2016 campaign and election in his 1935 satirical dystopia, It Can't Happen Here. It was his most popular novel to date and is still satisfying, thought-provoking political theater. Lewis was influenced by growing totalitarianism in Europe, reported on by his second wife, foreign correspondent, Dorothy Thompson. Noting the power of Father Coughlin and Huey Long, among others, to mobilize a public still suffering from the Great Depression, Lewis feared a fascist takeover of the American government by democratic means. Lewis's fictional nightmare features a loutish, ignorant demagogue, who is manipulated by a sinister ghostwriter adviser. With support from a resentful League of Forgotten Men, the demagogue is elected President and quickly establishes a military, racist, and anti-Semitic dictatorship. It Can't Happen Here dramatizes the dire consequences of this takeover, which is not taken seriously at first by Lewis's newspaper editor protagonist, but then is increasingly resisted. Lewis is a social satirist in the Mark Twain tradition, and his novel is worth reading today for its suggestive parallels with current history and its good-hearted humor.     

论宪法社会学的学科价值、思维方式与研究内容

宪法社会学是从外部视角来观察和审视宪法,进而对宪法现象进行整体和动态研究的一门交叉学科和基础性学科。整体性思维方式决定了宪法社会学主要研究动态的宪法或者说宪法过程,亦即研究宪法如何受社会影响以及宪法如何影响并改造社会,它为宪法社会学预设了极为广泛的研究内容。