Globalization and legal change: The “Americanization” of European law?

Intensified global economic competition, economic liberalization, and the rise of EU governance have led some observers to argue that there has been a trend toward the “Americanization” of the European “way of law.” This article addresses that contention, focusing on legal change in European member states. It first describes ways in which the American legal tradition has differed most sharply from the national legal systems of Western Europe (including Great Britain) and the political and economic factors that account for this “American legal distinctiveness.” Similar political and economic factors currently are at work in Europe, the article acknowledges, creating incentives for legal convergence. But it also argues that European legal culture and the political organization of European national states generate path‐dependent forces that impede European movement toward American ways of law, and it discusses six important differences between European and American law that remain entrenched and are unlikely to disappear.     

Effectiveness of private finance initiatives (PFI): study of private financing for the provision of capital assets for schools

The study reported in this paper explores how effective Public Private Partnerships (PPP) have been as critical providers of capital assets within the state education sector in the UK. Specifically, the research investigates the impact on educational provision of the UK government's contentious £43 billion Private Finance Initiative (PFI). The inquiry focuses on 27 English Local Education Authorities (LEAs) currently or recently involved in PFI. The investigation examines the effect of PFI's on LEA decision‐making processes and discusses these authorities assessment of the UK government's current PFI strategy. An evaluation of PFI as a source of sustainable finance is reported as well as recommendations made for LEAs currently considering adoption of PFI. Through such analysis, this study seeks to de‐layer and ascertain the influence of complex external environmental influences and stakeholders that need to be taken into account in order to make PPPs work. The paper concludes by presenting the critical considerations for enhancing the working relationship between private and public sector partners. Copyright © 2007 John Wiley & Sons, Ltd.     

Managerial autonomy: does it matter for the performance of water utilities?

The public administration literature asserts that autonomy is central to performance. In this article we develop a managerial autonomy index, which we apply to 22 water utilities in Africa, Asia and the Middle East. The 16 items that underlie our composite autonomy index display a high degree of internal consistency. This speaks for the validity of the autonomy concept. We find that the autonomy scores of the 22 utilities vary widely. We also find strong and positive associations between autonomy scores and six out of eight key performance indicators. Our results support the idea that autonomy is central to the performance of water service providers. Copyright © 2007 John Wiley & Sons, Ltd.     

Measuring the capability to raise revenue: process and output dimensions and their application to the Zambia Revenue Authority

The worldwide diffusion of the good governance agenda and new public management (NPM) principles has triggered a renewed focus on state capability and, more specifically, on the capability to raise revenue in developing countries. However, the analytical tools for a comprehensive understanding of the capability to raise revenue remain underdeveloped. This article aims at filling this gap and presents a model consisting of the three process dimensions ‘information collection and processing’, ‘merit orientation’ and ‘administrative accountability’. ‘Revenue performance’ constitutes the fourth capability dimension which assesses tax administrations' output. This model is applied to the case of the Zambia Revenue Authority (ZRA). The dimensions prove to be valuable not only for assessing the how much but also the how of collecting taxes. They can be a useful tool for future comparative analyses of tax administrations' capabilities in developing countries. Copyright © 2007 John Wiley & Sons, Ltd.     

构建公共财政应急机制应对公共风险

公共风险是现代社会的一种常态。公共风险如果不能及时有效化解，就有可能演变为社会公共危机，公共财政往往是公共风险的最后一道防线。构建公共财政应急机制是公共财政框架中不可缺少的重要组成部分，而应急预算制度应当是公共财政应急机制的核心。     

Feminism and the Flat Law Theory

This article examines two modalities of law, depicted spatially as the vertical and the horizontal. The intellectual background for seeing law in vertical and horizontal dimensions is to be found in much socio-legal scholarship. These approaches have challenged the modernist, legal positivist and essentially vertical view of law as a system of imperatives emanating from a hierarchically superior source such as a sovereign. In keeping with the socio-legal critical tradition, but approaching it from the perspective of legal philosophy, my aim is to address three matters. First, why is vertical law problematic for feminists? Second, what are the theoretical characteristics of law in its horizontal register? Third, how is an appreciation of this ‘flat’ law useful for feminist legal theory and practice? In particular, I consider the ways in which feminist legal theory operating in the horizontal dimension can transgress, without transcending, the vertically determined perimeters of the nation state.     

社会主义行政法治理念的内容探析

社会主义行政法治理念是社会主义法治理念在行政法领域的具体体现,是社会主义行政法治的内在要求和基本原则的概括和反映,是推进依法行政、建设法治政府的精神支柱。社会主义行政法治理念的内容包括法治行政、服务行政、公开行政、民主行政、公正行政、诚信行政、效能行政、责任行政八个方面。     

试论治安秩序的特性

维护治安秩序的关键是要了解治安秩序的特性。治安秩序具有主观性和客观性、稳定性和协调性、目的性和持续性、变化性、具体性和抽象性等特性。认识和掌握这些特性对治安学学科发展和具体治安实践具有重要的理论意义和实际意义。     

加强领导干部作风建设推动公安教育健康发展——关于公安院校领导干部作风建设的几点思考

公安院校作为培养公安事业接班人的摇篮,领导干部的作风如何,直接关系到人才培养质量和公安事业的兴衰成败。认真学习领会中纪委第七次会议精神,充分认识新的历史条件下加强领导干部作风建设的重大现实意义和深远历史意义,以思想作风和学风建设为前提,以工作作风和领导作风建设为核心,以生活作风建设为重要内容,从教育、监督、制度三个关键环节入手,建立健全领导干部作风建设的长效机制,全面加强和改进领导干部作风建设,引领公安教育事业持续协调健康发展,既是一个重大的理论课题,更是一项严肃的政治任务。     

浅析公民基本道德规范

“爱国守法、明礼诚信、团结友善、勤俭自强、敬业奉献”是公民的基本道德规范。爱国是道德的灵魂．守法是道德的后盾．明礼是道德的窗口,诚信是道德的支柱．团结是道德的品格,友善是道德的标准,勤俭是道德的传统,自强是道德的追求,敬业是道德的表现,奉献是道德的境界。