行政法上的利害关系人新探

从大陆法系国家公权利和反射性利益相区分的角度看,与行政主体相对的私人可以分成行政相对人、利害关系人和一般公众,他们是行政法"人像"的具体展开。从本质上看,利害关系人是由反射性利益人转化而来的一类公权利人,这类行政法上私人的确立必将改变行政过程中的利益结构,推动行政过程的民主化,促使行政法重心的转移。     

A New Progressive Patriotism

The need to hold capital to account and to bend markets to the common good is as powerful as ever, yet it is becoming steadily harder to create an electoral or political majority for such an idea in societies that are fractured and divided. The fundamental bond between voters and parties depends on political identity relationships; old ones are fading, new ones need to be created. The most dynamic politics in advanced capitalist societies are those of nation, people and place. The strategic challenge for the left is to create a new progressive patriotism that can embed radical ideas in a common sense of national purpose.     

TTIP and legislative‒executive relations in EU trade policy

Abstract

This paper analyses Transatlantic Trade and Investment Partnership (TTIP) negotiations in order to assess how the move towards tighter economic integration within the EU?US strategic partnership impacts on legislative?executive relations in EU trade policy. The analysis examines the institutional, substantive and party political dimensions of national parliaments’ scrutiny of the Common Commercial Policy. Based on insights into both domestic and EU channels of parliamentary monitoring of TTIP negotiations, the paper argues that, although the government remains the central object of democratic control, the involvement of national parliaments in transatlantic trade extends to encompass the EU’s own transatlantic and trade policies. This is rooted in the legislatures’ legal capacity to constrain the executive in the negotiation, conclusion and, where applicable, ratification phases of EU trade agreements. It is argued that national parliamentary influence takes the shape of politicisation of the legitimacy of the expected policy outcomes of these agreements.     

The Politics–Bureaucracy Interface in Developing Countries

The political–bureaucratic interface has been the subject of much academic interest. However, research has tended to focus exclusively on wealthy institutionalized democracies, with little attention given to the political–administrative relationship in developing countries. However, recent evidence from reform processes in poorer nations increasingly highlights the importance of interactions between politicians and bureaucrats. This paper provides a systematic overview of the political–bureaucratic relationship in developing countries and in doing so makes two key contributions. First, it introduces a typology of political–bureaucratic relations based on four models—collaborative, collusive, intrusive, and integrated—discussing examples of each. Second, it analyses the main factors associated with different models of political–bureaucratic relations and considers how countries can move from one model of relations to another. The paper provides a much‐needed entry point for scholars and policymakers to better understanding the relationship between politicians and bureaucrats in developing countries. Copyright © 2017 John Wiley & Sons, Ltd.     

The Impact of Power and Civic Engagement in the Decentralized Management of Natural Resources: The Case of Turkey

Decentralization is an extensively discussed topic within academic and institutional circles worldwide. While a common argument for decentralization is that it fosters democratic deepening, counterarguments cautiously point to unequal access to resources and distribution of power as factors that inhibit democratization. This study contributes to the literature on the relationship between decentralization and democratization through a comparative study of Water User Associations in two provinces of Turkey and shows in line with the literature that resource and power inequalities hamper the link between decentralization and democratization. However, as this article shows, civic engagement can generate “countervailing power” that can overcome the negative impact of such inequalities. Copyright © 2017 John Wiley & Sons, Ltd.     

The structure of foreign policy attitudes in transatlantic perspective: Comparing the United States,United Kingdom,France and Germany

While public opinion about foreign policy has been studied extensively in the United States, there is less systematic research of foreign policy opinions in other countries. Given that public opinion about international affairs affects who gets elected in democracies and then constrains the foreign policies available to leaders once elected, both comparative politics and international relations scholarship benefit from more systematic investigation of foreign policy attitudes outside the United States. Using new data, this article presents a common set of core constructs structuring both American and European attitudes about foreign policy. Surveys conducted in four countries (the United States, the United Kingdom, France and Germany) provide an expanded set of foreign policy‐related survey items that are analysed using exploratory structural equation modeling (ESEM). Measurement equivalence is specifically tested and a common four‐factor structure that fits the data in all four countries is found. Consequently, valid, direct comparisons of the foreign policy preferences of four world powers are made. In the process, the four‐factor model confirms and expands previous work on the structure of foreign policy attitudes. The article also demonstrates the capability of ESEM in testing the dimensionality and cross‐national equivalence of social science concepts.     

Innovation Agents in the Public Sector: Applying Champion and Promotor Theory to Explore Innovation in the Australian Public Service

Innovation is critical to organisational success and is a process steered, and potentially thwarted, by individuals. However, despite the importance of public sector innovation given the complexity of policy issues faced and the sector's specific contextual features, our understanding of innovation processes in government requires expansion. This study, using in‐depth case analyses of three Australian Public Service agencies, focuses on understanding the ‘human component’ of the innovation process by drawing on both innovation champion and promotor theories to explore, through the lens of organisational power, how multiple human agents progress public sector innovations. The results highlight the key, and often tandem, roles of individuals at multiple organisational levels who work to inspire and motivate others to progress an innovation (champions) and those with specific power bases who help overcome organisational barriers to innovation (promotors).     

“We have to tell our own story”: semiotics of resisting negative stereotypes of Nigeria in the heart of Africa nation branding campaign

This study examines the semiotic resources deployed in resisting negative stereotypes of Nigeria in the international community, particularly representations of the country in the Western media. Data for the study were drawn from Nigeria’s Heart of Africa nation branding campaign. The study applies the discourse-historical approach (DHA) pioneered by Ruth Wodak of the Vienna School of CDA. DHA attempts to integrate much available knowledge about the historical sources and the background of the social and political fields in which discursive events are embedded. Further applying Reisigl and Wodak's presentation of the discursive strategies normally oriented towards understanding texts related to nations and national identities, among others, the study reveals that in appropriating the semiotic resources in the campaign, the discourse producers have predilection for the discursive strategies of mitigating negative attributes which the out-group intensifies, and highlighting positive attributes which the out-group seemingly under-reports in its representations of Nigeria. Notwithstanding the rhetorical dynamics of the semiotic resources, the study concludes that enduring national image management thrives on creating new images and associations lived by a country’s citizens rather than tries to refute old ones.     

Security Providers: Obstacles to Effectiveness in Democracies

To usefully discuss security, one must analyze the security providers states utilize to enhance international and domestic security. These are the armed forces, police, and intelligence agencies. This paper analyzes the implications of democratization on the requirements—posited as strategies, resources, and coordination institutions—these providers require in order to achieve the goals civilian leaders set for them. In analyzing case studies of how nations implement six different tasks, it becomes clear that the absence, or weakness, in any of the requirements leads to serious weakness in implementation. Two findings from the case studies are particularly important for policy. First, presidents, who are elected directly and for fixed terms, may ignore or even abolish institutions, including national security councils, that are created to coordinate policy. Second, as civilians are in control, if they lack clear incentives they are not willing to provide the necessary requirements for the security providers.     

公安行政执法存在的问题及解决途径探析

严格公正执法是公安工作的灵魂、是依法治国的基本要求。当前公安行政执法存在部分执法人员综合素质偏低、法治意识淡薄,滥用职权、行政执法利益化倾向依然存在,行政执法程序不规范,公安执法监督机制弱化、执法监督力度不大等问题。对此,文章分析、探讨了进一步强化社会主义法治理念教育,不断强化依法行政观念,深化执法责任制、强化执法过程监督,重视公安行政执法的基层基础工作建设等解决问题的途径。