价值视角的转变与正义模式的演绎——评美国1998年《ADR 法》

经过联邦法院对 ADR 的十几年的探索实验,美国国会最终通过了1998年《ADR 法》,为 ADR 措施的开展发放了“绿卡”。该法要求所有的美国联邦法院实施“当事人服务型”的 ADR 措施,并允许法院强制当事人参加 ADR 程序。联邦法院 ADR 部门要想成功有效的实施该法,对各种 ADR 措施进行选择,以使其与现有的法院体系相兼容,同时为当事人提供便利,首先要协调好 ADR 措施所内涵的正义模式与一直引导着法院的传统的判决型的正义模式的关系。     

对台湾公投制宪的若干思考

本文从公民自决和民族自决的角度,对台独势力分裂祖国和民族的行径进行了批判。     

论WTO决策机制

WTO的决策机制是指WTO对有关事项诸如条文的解释、修改、义务的豁免以及接受新成员、贸易争端的解决等作出决定的机制。WTO的决策机制十分重要,因为它直接涉及到与这些事项相关的各成员的权利与义务。从WTO决策机制与国家主权、协商一致机制和投票表决机制三个方面进行了分析,并指出了WTO决策机制的缺陷与不足,旨在为WTO决策机制的改进与完善作出努力。     

Do volatile voters vote less correctly? An analysis of correct voting among vote (intention) switchers in US presidential election campaigns

The literature on electoral volatility and the literature on electoral campaigns hold contradictory views on voters switching vote (intention) during the campaign. In this note, we shed new light on this contradiction, making two contributions. First, we investigate the extent to which stable and volatile voters choose the correct party. Second, we distinguish levels of correct voting and the impact of the act of switching on the correctness of the vote. Our analyses of vote-switching in American elections show that, while volatile voters are less likely to vote correctly, they are more likely to switch from an incorrect to the correct party than vice versa. Furthermore, we show that following the campaign more closely makes voters more likely to switch vote (intention) towards the correct party.     

The right to vote and nomadic voter enrolment

What model of voter enrolment is appropriate for states with nomadic minority populations? The present paper examines this question with reference to an equality-based, moral right to vote and considers four models that track some of the different institutional strategies that have been developed by states with transient populations. The paper shows that the right to vote is compatible neither with a model that makes permanent residence in a constituency an absolute condition for voter enrolment and so excludes nomads from the electoral process, nor with a model that enables nomadic voter enrolment but restricts the number of nomads that can enrol in a single constituency. But the right is, subject to certain caveats, consistent with a model that enables nomads to enrol in a constituency of their choice and, as well, with a model that enables nomads to enrol and vote in a distinct, non-territorial constituency.     

‘Living Rights’, rights claims,performative citizenship and young people – the right to vote in the Scottish independence referendum

This paper examines the rights claims-making that young people engaged in during the 2014 Scottish independence referendum when the right to vote was extended to 16- and 17-year-olds for the first time in the UK. Understanding citizenship and rights claims-making as performative, we draw on the novel idea of ‘living rights’ to explore how young people ‘shape what these rights are – and become – in the social world’. They are co-existent and situated within the everyday lives of young people, and transcend the traditional idea that rights are merely those that are enshrined in domestic and/or international law. We explore the complex and contested nature of rights claims that were made by young people as ‘active citizens’ in the lead up to the referendum to illustrate how the rights claims-making by young people is bound up with the performativity of citizenship that entails identity construction, political subjectivity (that challenges adult-centric approaches) and social justice.     

Vote Oswego: Developing and Assessing the Campaign-as-Course Model

College campuses have taken on increased responsibility for mobilizing young voters. Despite the discipline’s commitment to civic engagement, political science departments play a minimal role in this programming. This article outlines a course structure—including learning objectives, course outline, and assessments—that treats a campus-wide voter mobilization drive as the basis of an applied political science course. Transforming a campus voter mobilization program into a political science practicum offers advanced skill-building for students seeking political careers and links learning objectives to real world activities. Participants report gains in both knowledge of campaigns and grassroots campaign skills. We argue this type of course particularly benefits students attending colleges and universities in geographic areas that receive little attention from political campaigns as well as those students for whom the traditional route of gaining political experience—an unpaid, off-campus internship—is impractical or even impossible.     

The European lavender vote: Sexuality,ideology and vote choice in Western Europe

In many European democracies, political punditry has highlighted the attempts of political parties on the left to court the ‘lavender vote’ of lesbian, gay and bisexual individuals. This article examines the presence of a gay vote in Western Europe with a focus on assessing the role of sexuality in shaping individuals’ political preferences and voting behaviour. Empirically, the effect of sexuality on both ideological identification as well as party vote choice is analysed. Using a cumulative dataset of eight rounds of the European Social Survey between 2002 and 2017, this article demonstrates that partnered lesbians and gay men are more likely than comparable heterosexuals to identify with the left, support leftist policy objectives and vote for left-of-centre political parties. The analysis represents the first empirical cross-national European study of the voting behaviour of homosexual individuals and sheds new light on the importance of sexuality as a predictor of political ideology and voting behaviour within the Western European context.     

Cross-pressures and the European lavender vote: Testing the conditionality of the sexuality gap

Emerging evidence points towards the existence of a “sexuality gap” in the political preferences and behaviour of lesbian, gay and bisexual (LGB) voters and that of heterosexuals in Western Europe. Very little is known, however, about how this gap is moderated by socio-economic status. This paper tests the conditionality of the sexuality gap by analysing how the effect of LGB status is conditioned by income and education. Empirically, we rely on data from the European Social Survey (2002–2017) to analyse the marginal effect of sexuality in determining ideological placement, vote choice and support for economic redistribution across different income and education levels. The results demonstrate that the divergence between LGBs' and heterosexuals’ preferences only emerges amongst those with higher income and education. The findings also suggest that the sexuality gap may be the result of the asymmetric effect of these socio-economic variables for LGBs and heterosexuals.     

Rejecting representation? Party systems and popular support for referendums in Europe

Under what conditions do citizens favor deciding political issues by popular vote? Models of support for popular vote processes usually consider the influence of individual attitudes such as political trust and interest in politics. But much less is known about the effect of institutional variables on support for popular vote processes. This article builds on research showing that disaffection with elected officials shapes support for referendums by considering the influence of the party system. First, an analysis of multilevel data from twenty-four European democracies indicates that individuals are more supportive of referendums in countries with fewer effective political parties. Second, a mediation analysis provides evidence that the number of parties influences referendum support through individual-level political trust and external efficacy. Where there are fewer viable parties, feelings that elected officials are unresponsive tend to increase popular support for referendums. These findings suggest a trade-off between available representation by political parties and support for direct influence over public policy.