论政府购买公共服务的保证责任

政府购买公共服务是公私协力的表现,是担保国家理论在行政法中的具体化。透过担保国家理论、公私协力背景分析政府购买公共服务的行政法属性,政府保证责任作为政府购买公共服务的责任转型,有其宪法渊源与民事责任阙如的现实需求。基于保障社会公众以合理的价格持续、均等地获得质高价优的公共服务之目的,政府保证责任可以类型化为监督责任、管制责任、接管责任,其内容体现为保证有限竞争、质量与价格供给、持续与均等供给以及公共服务的信息公开与公众参与。可以通过行政规制、契约治理及信用监管等措施,促进政府保证责任的最终实现。     

Beveridge at Eighty: Learning the Right Lessons

The eightieth anniversary of the Beveridge inquiry is a timely moment to consider how the landmark report is used within contemporary UK politics. Calls for a ‘new Beveridge’ reflect a desire for a rupture with the past and the creation of a radical new welfare consensus. But this reflects a misunderstanding: Beveridge's approach was organic in nature, building on decades of experimentation, politically contested rather than consensual, and intellectually pluralist rather than moored to a single ideological worldview. The real insight Beveridge offers us today flows not from his substantive agenda—which was rooted in a particular set of historic circumstances—but as an approach to securing social reform. Successful welfare advances over the last generation have drawn on these ‘Beveridgean instincts’. Rather than calling for a new twenty-first century blueprint to be handed down from above, reformers should build on experimentation and successful incremental change, from within the UK and abroad.     

How governments strategically time welfare state reform legislation: empirical evidence from five European countries

Abstract

Building on studies on the political business cycle, the literature on welfare state retrenchment has argued that governments which cut the welfare state try to avoid blame by implementing painful measures in the beginning of the mandate and expanding benefits as elections approach. In contrast to this linear relationship, this article argues that governments often feel pressured to fulfil (mostly expansionary) campaign promises during the first months in office. Consequently, cutting right away is not what should be expected. Instead, a more nuanced, U-shaped timing trajectory is probable with a period in the beginning characterised by both cuts and fulfilment of expansionary pledges, followed by a period of cutbacks, and finally an expansive phase towards the end of a mandate. This argument is tested on our new original dataset of legislative changes in five European countries – Britain, Denmark, Finland, France and Germany – during the last four decades.     

A ‘synchronised attack’ on life: the Saudi-led coalition’s ‘hidden and holistic’ genocide in Yemen and the shared responsibility of the US and UK

Abstract

Since the Saudi-led coalition (Coalition) began its military campaign in Yemen in March 2015, upwards of 13,000 Yemen civilians have been killed, including nearly 2000 women and 3000 children. Additionally, Coalition aerial attacks have intentionally targeted Yemen’s civilian infrastructure, economic infrastructure, medical facilities and cultural heritage. Combined with the ongoing air and naval blockade, which has impeded the ability of Yemenis to access clean water, food, fuel and health services, the violence visited upon Yemen has created near-famine conditions. Furthermore, United Nations Children’s Fund (UNICEF) predicts another imminent outbreak of cholera, with the potential to be as deadly as last year’s which infected more than one million children and killed a child every 10?minutes. Through engagement with genocide studies literature, this article applies a holistic conception of genocide to the Coalition military campaign. It finds that the Coalition is conducting an ongoing campaign of genocide by a ‘synchronised attack’ on all aspects of life in Yemen, one that is only possible with the complicity of the United States and United Kingdom.     

Coordination and control in Russia’s foreign policy: travails of Putin’s curators in the near abroad

Abstract

This article seeks to challenge the conception of the Russian state as being centred on Vladimir Putin by looking at the actors implementing Russia’s foreign policy in its near abroad. In particular, it explores the activities of curators (kuratory), a term applied in Russia to describe officials tasked with making things work often bypassing, and sometimes competing with, formal institutions. Following the state transformation framework, the argument put forward in the article is that curation (kuratorstvo), as a practice of coordination and control in Russia’s system of governance, can be seen as a manifestation of fragmentation and internationalisation of Russia’s foreign policy making. The empirical basis for this article is a case study of Russia’s policy towards Abkhazia, which Russia officially recognised as a sovereign state in 2008. This article addresses the involvement of curators in their attempts to exert political influence as an expression of fragmentation as well as emerging institutionalised curation in development assistance as a part of internationalisation.     

Legitimacy,self-determination,and conditional cooperators

ABSTRACT

This article critically examines the account of collective self-determination and state legitimacy developed by Stilz in her book. Central to this account is the idea that for a state to be legitimate it must reflect the shared will of the people over which it governs. I argue that the normative taxonomy Stilz employs to develop this criterion of legitimacy ignores the possibility of conditional cooperators: groups who are alienated from society due to the injustices they experience but are willing to affirm their participation in state institutions if these injustices are rectified. I then demonstrate that since there are no grounds for discounting the dissent of conditional cooperators, their presence significantly increases the threshold for state legitimacy that follows from Stilz’s theory. As a result, Stilz is forced to abandon her claim that basically just states generally enjoy a qualified ‘right to do wrong’.     

The ‘poisoned chalice’ of state ownership of water infrastructure in contemporary Blantyre,Malawi

The remunicipalisation of water in the global south has heightened a sense of optimism among left-leaning scholars and activists. This is widely heralded as a triumph over neo-liberal privatisation and therefore seen as putting water back into public hands. This article takes a critical view of this trend. It contends that insofar as remunicipalisation is conflated with state ownership, it may in other contexts not necessarily lead to water going back into public hands. An empirical account is presented of how state ownership in Malawi has been imbricated in commercialisation rationalities that have in turn undermined the establishment of an egalitarian public water network in Blantyre City. The article uncovers the extent to which the dominance of private capitalist interests in Malawi’s economy, lack of public financing and over-reliance on debt from global-local financial markets have systemically compromised the efficacy of the state in mediating the politics of water production and distribution.     

Conceptualising Party-State Governance and Rule in Laos

ABSTRACT

This article develops a framework for conceptualising authoritarian governance and rule in the Lao People’s Democratic Republic. After introducing the national and academic context, which go a significant way towards understanding the paucity of comparative political work on Laos, we propose an approach to studying post-socialist authoritarian and single-party rule that highlights the key political-institutional, cultural-historical and spatial-environmental sources of party-state power and authority. In adopting this approach, we seek to redirect attention to the centralising structures of rule under the Lao People’s Revolutionary Party, illustrating how authoritarian institutions of the “party-state” operate in and through multiple scales, from the central to the local level. At a time when the country is garnering greater attention than at any time since the Vietnam War, we argue that this examination of critical transitions in Laos under conditions of resource-intensive development, intensifying regional and global integration, and durable one-party authoritarian rule, establishes a framework for future research on the party-state system in Laos, and for understanding and contextualising the Lao People’s Revolutionary Party regime in regional comparative perspective.     

There’s an app for that: Modernizing domestic violence support through the creation of new technologies,tools, and services

With domestic violence (DV) at an all-time high, police departments are drastically underutilizing technology to combat DV. Currently, New York police departments complete a “Domestic Incident Report” at the scene of domestic incidents but fail to adequately facilitate support services. New York State should mandate a services component into police DV protocols, specifically by commissioning: (1) an application linked to DV organizations presented at the scene of domestic incidents; and (2) a gateway application to refer victims to the correct services. Such tools would allow for the rendering of more efficient support to DV victims in times of immediate crisis.     

Party competition and citizens' political attitudes in the American states

Democratic theorists argue that vigorous competition between candidates/parties is essential for democracy to flourish because it engages citizens' political interest and ultimately makes elected officials more accountable to their constituents. Using data on citizens' perceptions of government responsiveness to their political opinions from the American National Election Studies and the Ranney measure of party competition for control of state government, we examine the effects of competition on citizens' political attitudes from 1952 to 2008. Our analysis reveals that citizens feel government is more responsive to them when there is greater competition between the two parties for control of government in their state. However, this relationship is confined only to citizens who identify with the party that controls government in their state. We also find that the relationship between competition and efficacy is strongest among citizens with lower levels of education and income. These results suggest that vigorous competition for control of state government can have important implications for citizens' political attitudes.