是限制特权,还是保护特权?--评婚姻法修正案第33条的实质影响

婚姻法传统中旨在维持军婚的特权体制,在此次修订中被加以了限制,但这较之过去并没有实质改变军人的特权地位.解决问题的关键不是对法条的修补或解释,而是将争议诉诸宪法审查.     

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.     

宪政视野中的政权与财产权

政权与财产权有着严格的差异和密切的联系,二者在互动演进中促进了社会的前进和发展.政权与财产权的结合与分离对社会经济政治的发展有着深刻的影响,改革进程深入的中国只有在实践中实现政权与财产权适度分离,才能为宪政中国的早日实现铺平道路.     

Federal or Unitary? The Power-sharing Debate in Sri Lanka

ABSTRACT

Sri Lanka’s power-sharing debate is focused on the labels ‘federal and ‘unitary’. A recent Judgment of the Supreme Court recognising the fluidity of these terms, and a creative reform proposal defining Sri Lanka as a ‘aekiya rajyaya/orumitha nadu’, present opportunities for consensus. Yet there are also powerful obstacles, including the virtual collapse of Sri Lanka’s coalition government and exclusivist nationalist ideologies. Regardless of the outcome of this round of reform, however, reformers must focus on the political if Sri Lanka is to ever reach a just and equitable solution to the ethnic conflict.