《刑法修正案(七)》第13条之解读

《刑法修正案(七)》第13条的规定可以概括为两个罪名,即"密切关系人受贿罪"和"离职国家工作人员受贿罪"。"密切关系人"包括国家工作人员和离职国家工作人员的近亲属以及其他与之关系密切的人,其范围比"特定关系人"要广,除了近亲属、情妇(夫)和有共同利益的人之外,还可以是同学、老乡、同事、战友、朋友等。其实质在于,行为人基于与国家工作人员的这种关系,能够或者足以影响该国家工作人员或者其他国家工作人员,进而通过该国家工作人员或者其他国家工作人员职务上的行为,为请托人谋取利益,实现与请托人之间的权钱交易行为。由于近亲属等密切关系人和离职国家工作人员既可以构成受贿罪的共犯,也可以独立构成密切关系人受贿罪与离职国家工作人员受贿罪,因此,要将其与斡旋受贿、共同受贿等行为相区别。     

A Mountain to Climb: The Labour Together 2019 Election Review

The Labour Together review of the 2019 election brings together polling data, survey data, interviews, and submissions from across the Labour movement. An unpopular leader, tensions around the Brexit position, and a manifesto which was not seen as credible, are all found to have contributed to the scale of the defeat, but Labour’s unexpectedly strong performance in 2017 also masked long-term issues in its connection with the electorate and within the party’s campaign organisation. The report attempts to move beyond simply diagnosing the difficulties the party faces, but some of the thorniest issues for the party to resolve are nonetheless left unresolved.     

The Transparency Paradox: Why Transparency Alone will not Improve Campaign Regulations

The role of new sources of data has become of increasing interest to those involved in political campaigning and a legislative focus of policy makers and regulators. Utilising Karl-Heinz Nassmacher’s ‘magic quadrangle’ of ‘accounting, practicality, sanctions and transparency’ and a case study of the Political Parties, Elections and Referendums Act 2000 this article unpicks how successful the ‘guiding philosophy’ of transparency was in delivering increased citizen confidence in the democratic process. I ultimately argue that at the heart of all discussions about what regulation in this area should look like, an uncomfortable paradox has to be accepted: that transparency may well help to quell actual instances of malfeasance and the misuse of data, but may at the same time increase citizen distrust in democratic processes. Any regulation should consider the ways in which transparency might be implemented such that it better supports the stated legislative aims.     

Britain and the Bonins: discovery,recovery and reclamation

In this article, I explore a little known aspect of British and Japanese history that began not long after Japan open its ports to the west in the middle of the nineteenth century. It is about negotiations between Japan and foreign powers over sovereign control of an island archipelago 1,000 kilometers southeast of Edo (Tokyo). The Ogasawara (Bonin) Islands were first visited by Japanese in the seventeenth century, declared British territory in 1827 and then reclaimed by Japan in 1876. The diplomatic discussions involved the British and US Consuls acting under instructions from their respective governments and negotiating with the highest levels of Japanese authority during both the Tokugawa and Meiji Periods. I argue that the islands were of little importance to either the governments of Britain or America and that the British authorities were more than willing to hand over sovereign control of the Bonin Islands to the Japanese as early as 1862. Indeed, by the mid-1870s, the British authorities in England were more concerned that the Japanese would not claim the islands and that Britain would be burdened with their responsibility. In arguing this, I provide a novel perspective of Japan's struggles with becoming a modern nation in an increasingly international setting.     

Red Europe versus no Europe? The impact of attitudes towards the EU and the economic crisis on radical-left voting

The 2014 European Parliament election saw a relatively large increase in the size of radical-left parties (RLPs), particularly in Western Europe. This article aims to provide new ways of thinking about the dynamics of radical-left voting by analysing the changing role of attitudes towards the European Union in explaining support for RLPs at European Parliament elections during the Great Recession. It is argued that the Europeanisation of economic issues during the financial crisis, together with the particular kind of Euroscepticism advocated by these parties, have enabled them to successfully attract a heterogeneous pool of voters. Using the 2009 and 2014 European Election Studies, it is shown that the effect of negative opinions about the EU on support for RLPs increased significantly during the crisis. In addition, support for RLPs also increased among voters with positive views of the EU who were nevertheless highly dissatisfied with the economic situation.     

‘What is it about “fuck off” you don’t understand?’ The NILRC and politics of the Left in Northern Ireland

Abstract

At the 2016 Northern Ireland Assembly Election, a somewhat peculiar political ‘party’ hastily filled in nomination papers at the 11th hour. This last-minute concoction was elaborately named ‘The Northern Ireland Labour Representation Committee’. This article seeks to explore the circumstances around the creation of the NILRC, thereby developing a synthesis of the present-day situation of the Labour Party in Northern Ireland (LPNI), the local Constituency Labour Party (CLP) of the UK Labour Party. In a backdrop in which UK Labour does not stand for elections in Northern Ireland, this article engages with the LPNI’s rationale and raison d’être, followed by a discussion of the NILRC experiment of 2016. The LPNI–NILRC case carries resonances and insights of interest to political groups of the left operating in deeply divided societies.     

The role of the TUC in significant industrial disputes: an historical critical overview

ABSTRACT

Historically the British Trades Union Congress’s (TUC) role in a significant number of major industrial disputes has been subject to both accusations of ‘betrayals’ and ‘sell-outs’ as well as more sympathetic accounts which emphasise the constraints faced by the TUC both in terms of their institutional role and their relationship with constituent unions. Drawing on evidence concerning the role of the TUC in significant disputes including the 1926 General Strike, the strike wave of 1972, 1975–8 Grunwick dispute, the 1978/9 ‘winter of discontent’, the 1984/5 miners’ strike, the 1986–7 News International strike and more recent examples, the paper highlights four constraints on the role of the TUC in relation to major disputes: their political loyalty to the Labour Party; an aversion to defying the law; the avoidance of appearing to challenge state power; and structural constraints to an extent inherent within trade union officialdom.     

Sybil Campbell,first woman judge and supporter of higher education for women

ABSTRACT

Sybil Campbell was appointed a Metropolitan stipendiary magistrate in 1945, the first woman to become a full-time judge in the courts of England and Wales. She sat for 16 years, at Tower Bridge Magistrates’ Court, where she met with a great deal of opprobrium from the national and local press, trade unionists and individuals, much of it directed to the fact that she was a woman dispensing justice, with some severity, in a working-class community. She weathered the criticism with indifference and continued until her retirement, in 1961. Her pioneering example, however, did not encourage the appointment of other women to a judicial role until the appointment of Elizabeth Lane as a county court judge in 1962. This article examines her judicial career and her work for the British Federation of University Women, of which she was Honorary Secretary and its honorary vice-president.     

Rethinking Postwar Liberalism: The Road to 2010 and Beyond

The nineteenth and early twentieth century Liberal Party has been well served by British political historians. By contrast, research on the post-1945 Liberal Party and Liberal Democrats has become a specialised field, with strong empirical foundations (including in biographies and political science work) but few connections with the larger narratives that historians tell about postwar Britain. This article explores how the story of the ‘long Liberal revival’ from the late 1950s to the 2010–15 coalition might be reintegrated with contemporary historiography, including debates about deindustrialisation, class dealignment and the rise of ‘popular individualism’. It argues that careful attention to the nature and limits of Liberals’ political agency can help us understand the changing meaning and significance of third-party politics in Britain.     

The British Election Study 2015 general election constituency forecast

This paper develops a votes-to-seats nowcast model using individual level data from the British Election Study Internet panel to model the flow of the vote between 2010 and 2015. Transition matrices for each constituency are calculated using multinomial models of flows between 2010 origins and 2015 destinations. Respondents are reweighted to the polling average for England, Scotland and Wales and are further reweighted using predicted turnout to downweight respondents who are less likely to vote. The forecast performed poorly in 2015 because of polling errors and because the “Ashcroft” constituency vote intention question overestimated the Liberal Democrat incumbency effect. Without these errors, the forecast would have come much closer to the result but would still have underestimated the Conservatives' seats.