对刑事侦查的司法审查之探究

对刑事侦查行为进行必要的司法审查是平衡诉讼格局、对侦查活动进行有效监督、合理分配侦查实施权和侦查监督权以及保障犯罪嫌疑人合法权利的必然要求.司法审查应由法院来实施,法院有权对侦查主体是否适格、证据是否合法、程序是否正当等进行审查.文章认为,实施对侦查活动的司法审查还有赖于对司法权力的合理配置、对检察机关职权和地位的再认识以及对法院体制和法官任用管理体制的改革,才能发挥出应有的效果.     

居住权问题检讨

在物权法制定过程中,学术界对于我国物权法是否应当规定居住权制度存在较大争议.但是,经过详细检讨后发现,赞成者的观点在方法论和具体观点上都存在一定的问题,而反对者亦未能有效论证己方观点.此时应当依据论证负担分配规则得出不支持承担论证负担一方的结论,即我国物权法不应当规定居住权制度.     

论比例原则在行政诉讼中的运用

我国对于行政自由裁量权的合理性审查标准迫切需要重构。比例原则是大陆法系国家通过判例和理论发展起来的相当成熟的审查原则和标准,可资我国借鉴。本文研究比例原则的概念、渊源和适用领域,分析其在司法适用上的局限性,并就其在我国行政诉讼中运用的若干问题进行探讨。     

Conceptualising a Framework for Effective Performance Measurement in Cultural Precinct Development and Operation

The purpose of this paper is to firstly identify and synthesise critical measurement themes in extant academic literature concerning performance measurement in cultural precincts. Secondly, the paper posits for consideration a holistic and systematic framework (which embraces those themes) for developing appropriate performance measures for cultural precincts. The outcomes in this paper (a) confirm and clarify the complexity of performance measurement needed, (b) furnish a framework for practitioners embarking on the development of such measures, and (c) indicate the conceptual and pragmatic challenges faced in developing and enacting appropriate and meaningful measures for cultural precincts. Consequently, this paper serves as a conceptual positioning paper and a practical embarkation point for practitioners willing to engage with and pursue this phenomenon. Thereby, it endorses more dialogue on and further research and analysis of performance measurement in government operated cultural precincts.     

Legitimacy and post-conflict state-building: the undervalued role of performance legitimacy

Legitimacy is essential to state-building after conflict. Yet, the prescribed path to gaining legitimacy is often a narrow one that borrows heavily from the experiences of Western states. Elections are prescribed as an essential first step on the logic that this means gaining process legitimacy can rebuild a social contract between citizens and the state, a social contract that is rooted in democratic norms and values. This article proposes an alternative path, one that emphasises the critical role of performance legitimacy and its non-exclusive nature. Performance legitimacy is granted when citizens perceive that some or all of their basic needs are being met. The article offers a new analytical framework for understanding a state’s potential source of performance legitimacy, how non-state actors may vie with the state to seize this form of legitimacy, and what consequences this has for processes of state institution-building after conflict. In this respect, this article seeks to reorient theory and practice to a broader view of legitimacy and its critical role in post-conflict state-building.     

‘The dead are coming’: acts of citizenship at Europe’s borders

This article combines the research agenda of the acts of citizenship literature with reflections on emancipatory theatre. I examine the Centre for Political Beauty’s activity-based artwork ‘The dead are coming’ which problematizes the cruelties of the European border regime in symbolically charged spaces in the German public. Focusing particularly on the roles available to ‘actors’ and ‘spectators’, and the directionality of the message conveyed through the artwork, I examine how the performance subverts the ‘sites’ and ‘scales’ of citizenship. My analysis indicates that the artwork’s subversive potential emerges not only from the political vision conveyed by the artist collective, but also from the way in which others become involved in the performance. Acts of political beauty thus most extensively challenge instituted citizenship’s orientalist anchoring, reverse status-based role allocations and subvert the structural violence of borders when the performance enables the enactment of novel forms of political agency and solidarity.     

On Political Brands: A Systematic Review of the Literature

The usage of the word brand crops up more frequently in politics. Specifically, in the study of political marketing, a burgeoning set of research has encircled various cases and conceptions. However, the brand concept seeks to harbor a variety of political events, just like a sponge soaking up different kinds of meaning in different kinds of surroundings. This tendency makes it hard to accumulate knowledge because demarcations between various brand perspectives in many cases are implicit, which can impede the clarity and precision in our studies. Against this backdrop, we identify a gap in the political brand literature: a study conducting an overall conceptual inquiry. As such, it is first argued that we need a thorough analysis of the foundation of the political brand concept to uncover the presuppositions underlying the different usages of the concept. Second, we carry out a systematic review of the brand literature on voters and parties. Third, on this ground, we propose a minimal definition and six subclassifications to the political brand concept. Finally, we illustrate the applicability of this conceptual groundwork in order to advance cumulative research in the field.     

Intervention Theatre: performance,authenticity and expert knowledge in politicians’ travel to post-/conflict spaces

ABSTRACT

This article explores the role of official travel activities by politicians to post-/conflict spaces in German foreign policymaking. Starting from the observation that official travel justifications stress the value of authentic insights and unfiltered information, while journeys in practice are meticulously planned and staged, it asks what kind of knowing is possible, how actors make sense of the staged nature of field trips, and how multiple performances create and/or undermine notions of authenticity and first-hand expertise. The article shows that official on-site visits are composed of multiple conscious performances by all actors involved, but that these performances do not undermine the notions of authenticity and expertise. On the contrary, knowledge authenticity—or truth claims on the basis of authentic insights—and related expert authority are produced through travel-as-performance. The emphasis policymakers put on on-site presence and (the performance of) localized knowledge contradicts intervention literature’s generalized finding of a prioritization of technocratic over localized knowledge. The article draws on politics and performance scholarship and authenticity theories in tourism studies to make sense of a wealth of empirical material on the claims, practice and functions of German MPs’ journeys to post-/conflict spaces as part of broader political struggles over policy knowledge.     

Laughter and Liability: The Politics of British and Dutch Television Satire

Contemporary politicians face immense rhetorical and communicative challenges. Performing on the intertwined stages of politics, media (including Internet) and everyday life, they need to master diverse and contrasting repertoires of talk. Political communication research, at present, has ignored the question of how politicians face and experience these challenges, and how they reflect on the new communicative field. In this article, we begin to redress this situation by analysing and comparing the motives, experiences and reflections of politicians who appeared in the British satirical TV show, Have I Got News for You, and its Dutch adaptation, Dit was het Nieuws. Based on in-depth interviews with seven Dutch and 14 English MPs, we conclude that they draw from three repertoires to legitimise and reflect on their participation: a strategic, indulgent and anti-elitist repertoire. The first repertoire is predictable in the context of current political communication research, whereas the latter two add new dimensions of pleasure and bottom-up representation to it.     

Recruitment and selection practices among non-governmental organizations (NGOs) in Ghana

Taking into consideration the eugenic nature and perspective of high-performance human resource management functions on organizational effectiveness, the authors examined managerial and employee level of recruitment and selection on operational performance with emphasis on human capital and three indicators of organizational commitment (affective, normative, and continuous) as mediators. Questionnaires totaling 282, 122 for managerial level and 160 for employee level, were administered. A multilevel analysis of data were conducted on a selected number of Ghanaian NGOs using Statistical Package for Social Sciences (SPSS). The study revealed that recruitment and selection ideally leads to improved operational performance, however, this affiliation can be enhanced through the inescapable role of human capital and the three commitment indicators (affective, normative, and continuous). It was also exposed that effective recruitment and selection leads to a desirable employee’s level of affective, normative and continuous commitment, which also have greater influence on the operational performance. The study is thus considered very significant contextual support to existing literature and practitioners since not much of such work has been done in the Ghanaian context. Therefore, the current study implicates recruitment and selection, human capital, and the three commitment levels as a core value-creating ability that drives non-governmental organizations performance.