Inter-parliamentary relations in the United Kingdom: devolution’s undiscovered country?

Since 1997, the United Kingdom’s territorial constitution has undergone an immense process of change and has resulted in the establishment of separate legislatures and governments for the peoples of Scotland, Wales and, when Stormont is operational, Northern Ireland. These changes have spawned a whole series of relationships between the institutions of the devolved UK, at executive, legislature and civil service levels. However, while intergovernmental relations has been the subject of repeated debate, there has been little attempt to document and examine the way in which the UK’s four legislatures interact with one another, post-devolution. To the extent that these interactions, otherwise known as inter-parliamentary relations (IPR), have been the subject of scrutiny, it has been largely to bemoan their modest state and/or to suggest that stronger, albeit occasionally rather unelaborated, mechanisms be established. This article seeks to correct this deficit and provide a first step towards a clearer understanding of IPR in the UK, post-devolution. The article breaks the different levels of IPR down into three main strands: (1) parliament-parliament, (2) committee-committee and (3) official-official, and suggests that the main interactions that take place at each of these levels. Following this audit, the article concludes by highlighting the role that shared policy competence (a field that is set to grow with the UK’s withdrawal from the European Union) has played in driving IPR in the UK, post-devolution, and suggests some steps that may be taken to enhance IPR in the future.     

Constitutional reform and new patterns of electoral violence: evidence from Kenya’s 2013 elections

In places prone to electoral violence, what effects can constitutional changes have on elites’ incentives to organise conflict? This article develops two hypotheses to address the above question. It proposes that in places where national reforms find sub-national resonance, national and local politicians’ incentives regarding the electoral utility of conflict will align. However, in places where national-level changes fail to be locally relevant, these incentives will deviate from one another. The research illustrates these logics through a controlled comparison of two Kenyan counties: one that experienced electoral violence and the other that maintained peace around the 2013 elections.     

Statehood without an army: the question of the Kosovo Armed Force

ABSTRACT

Almost a decade after its declaration of independence, Kosovo continues to depend on NATO’s Kosovo Force (KFOR) for its protection. This article explores why Kosovo has not developed its own armed forces and how it could complete the process of security institution building through the establishment of a Kosovo Armed Force (KAF) in the future. Conceptually, the article highlights the role of different agents with diverging positions on the development of a KAF and the unfolding politicization of the issue, under conditions of legal uncertainty. The empirical analysis traces the stalemate regarding the creation of a KAF to legal restraints and the diverging positions of different parties on the issue. More specifically, the government’s inability to balance between the high expectations of Kosovo Albanians and the adamant objections of Kosovo Serbs has exacerbated the politicization of the debate.     

The development and pilot testing of a family treatment court best practices assessment: The model standards implementation scale

In 2019, the family treatment court (FTC) best practice standards (the Standards) were published to clarify attributes of FTC programs associated with superior child, parent, and family outcomes. The Standards cover the breadth of FTC operations including program structure and leadership, substance use treatment and complementary services, and behavioral responses to participants. This study aimed to develop an instrument (the Model Standards Implementation Scale; “MSIS”) that stakeholders can use to assess implementation of the Standards by individual FTCs. The MSIS balances usability with scientific validity. Interrater reliability (IRR), internal consistency, and several types of validity were assessed. Results indicated moderate to strong IRR, high internal consistency, mixed known groups validity depending on Standard, and high convergent and divergent validity. Initial findings suggest good validity and usability of the MSIS for evaluating FTC Standards' implementation. Notably, the process of using the tool functioned to educate FTC team members on the Standards. Although implementation of the MSIS is a resource-intensive process, the opportunity to receive constructive feedback proved to be an effective incentive for initial and subsequent participation in the evaluation among FTCs. Future research is needed to examine predictive validity, including association between Standards' implementation and family outcomes in FTCs.     

EU Cohesion Policy Implementation and Administrative Capacities: Insights from Italian Regions

In this article we explain Italy’s partial persisting difficulties in EU cohesion policy implementation by focusing on one specific variable: regional administrative capacity. In line with research findings based on the national level (Tosun, 2014 Tosun, J. (2014), Absorption of regional funds. A comparative analysis, Journal of Common Market Studies, Vol.52, No.2, pp.371–387. doi: 10.1111/jcms.12088[Crossref], [Web of Science ®] , [Google Scholar]), our working hypothesis is that administrative capacity is the most important explanatory factor of EU cohesion policy implementation also at the regional level. In the article, by adopting a ‘most similar research cases’ design approach, we test the hypothesis with reference to two Italian regions: Campania and Puglia. In addition, we seek to adequately define the concept of ‘administrative capacity’ and operationalize it properly. In the concluding section, we consider the competitive advantage of our definition and operationalization of the notion of administrative capacity also with reference to other policy sectors beyond cohesion policy.     

Defining Environmental Justice Communities for Regulatory Enforcement: Implications from a Block‐Group‐Level Analysis of New York State

The absence of a clear definition of environmental justice areas has been cited as one of the U.S. Environmental Protection Agency's major deficiencies in managing federal environmental justice programs. Several states have explicitly defined potential environmental justice areas and integrated targeted efforts into the policy‐making process. At the block‐group level, this study evaluates the effects of New York State's environmental justice policy, which defines communities of concern in terms of demographic and socioeconomic characteristics as well as mandates supplemental regulatory enforcement activities for these neighborhoods, on the agency's policy implementation practices under the Clean Air Act and Clean Water Act. The empirical findings suggest that there is inconclusive evidence regarding race/ethnicity‐ and class‐based environmental inequity. Also, the state's policy intervention is not universally effective. Moreover, task environments of a given community are a consistent determinant of the agency's regulatory compliance monitoring and assurance activities. This study then derives broader implications regarding the adoption of a policy instrument that defines and screens potential environmental justice communities.     

Command without control: The case of China's environmental target system

In the existing literature there is general agreement that the effectiveness and efficiency of command and control instruments versus market‐based instruments is highly context specific. A country's particular regulatory environment and state capacity, as well as the features of given environmental problems, play an important role in ascertaining what the “right” set of policy instruments for environmental management might be. This article examines how command and control instruments are used as an environmental enforcement mechanism in China's authoritarian state. Based on extensive fieldwork, this paper shows that the reliance on binding environmental targets as the main domestic policy instrument in China has generated numerous undesirable consequences. While China's target‐based approach to implementation has incentivized local officials to strictly enforce environmental mandates, there are numerous shortcomings in the system. In particular, target rigidity, cyclical behaviour, poor data quality, and the absence of an independent monitoring agency have generated adverse effects and contribute to a yawning gap between regulatory goals and outcomes. The paper concludes that binding environmental targets as the main command–control instrument in China can be more accurately described as “command without control” as the target‐setting central government does not exercise a high degree of control over implementation and monitoring processes. But command and control instruments can be suited for managing “first‐generation” environmental problems and addressing environmental issues that have easily identifiable pollution sources and which are easy to verify.     

Participatory constitution-making and why it matters: A review of the Egyptian experience

This article considers the making of Egypt's post-Mubarak constitution after considering the fact that participatory constitution-making is accepted as a democratic norm allowing citizens to be involved in the creation of their constitution and their future. The author argues that the process by which a constitution is made is crucial for the framing and legitimising of that constitution. Therefore, political elites and state institutions should not wholly control the process. The views of two schools of thought – idealism and realism – are considered. These views, together with the influence of the state and the concept of participation of the citizenry in the constitution-making process, are measured against international law requirements and further applied in a critical evaluation of Egypt's constitution-making process from 2011 to 2014.     

我国法医临床学鉴定标准现状与展望

技术标准是一个行业发展的技术支撑,也是质量控制现代化的基础性手段。我国的法医临床学经过近四十年的发展,目前已有各类规范性技术文件23部,案件量逾100万件/年。本文从标准级别、颁布部门、实施时间等方面系统复习了这些标准,可以看出:相关技术标准制订过程中大量吸纳了国际先进理念,同时也吸纳了法医临床学鉴定实践经验;目前,标准体系已初步形成。当然,目前实施的标准也存在诸多问题,如:彼此间矛盾突出、部分标准不符合技术标准的形式要件、对国际标准的研究不够深入、部分标准欠缺等等,标准化建设任务依然艰巨。未来,法医学工作者仍需加强标准与法律法规衔接的配套研究;加强国际标准跟踪、评价的研究,以形成更多的具有国际先进水平的适合我国国情的国家标准。     

宪法诉讼的宪政价值初探

宪法诉讼制度是近代宪政理念及其制度建构发展到一定阶段的产物,并且自其产生以来就在整个宪法监督体系中发挥了不可取代的作用。宪法诉讼的价值是多元的,在宪法诉讼的价值体系中,宪政价值无疑具有最为重要的地位。宪法诉讼作为宪法的免疫器和宪政的守护神,对一国的宪政建设无疑具有首要的意义,即"无诉讼则无宪政"。