宪法危机理论:以美国内战与重建时期为例的阐释

宪法危机的发生有两个条件 :第一 ,在根本性问题上 ,宪法条文具有强烈的容易引起宪法解释争端的模糊性 ;同时 ,这些模糊的宪法条文所规定的问题 ,在现实政治生活中又已经发展成为实际的、主要的政治问题。我通过对美国内战与重建时期的历史检视 ,发现在美国联邦宪法中存在着三个符合这些条件、并最终引发宪法危机的模糊点 :联邦制度和最高主权归属的问题、共和制度与奴隶制度的关系问题、公民身份与公民权利的问题。这三个问题也是美国内战与重建时期要着力解决并通过暴力手段得以解决的问题。     

How ‘terrorism’ does not end: the case of the Official Irish Republican Army

This paper is the first critical analysis of terrorism disengagement by the Official Irish Republican Army (OIRA). This process was conducted in instalments over nearly three decades. It has not been theoretically assessed as far as studies on ‘how terrorism ends’ are concerned, and it does not fit into any existing models of terrorism disengagement. The end of terrorism in relation to the OIRA is not only the story of a terrorist organisation ending its armed activities, but also a case study of terrorism disengagement with important policy implications for decision-makers faced with the threat of terrorism.     

Republicanism Domesticated? All‐Ireland Politics in an Age of Austerity

This paper examines some of the key factors working in favour of mutual insulation between the two political jurisdictions in Ireland, factors that contribute to the ‘copper‐fastening’ of partition and that constitute a major obstacle to any Irish Republican project focused on the ending of partition. It outlines the powerful structural forces working for the naturalisation of Northern Ireland as a political unit. It argues that some of these factors are almost entirely independent of political unionism and in certain respects work to copperfasten partition despite the efforts of unionism. It goes on to outline a number of key elements that work against the mutual insulation of the jurisdictions and the domestication of Irish Republican and nationalist politics in a Northern Ireland context, factors that continue to pull the North back into an all‐Ireland context despite all of the powerful structural factors working to mutually insulate the politics of the two jurisdictions.     

Mainstream Revolutionaries: Sinn Féin as a “Normal” Political Party?

Despite the seismic shift of Sinn Féin from being the “mouthpiece” of the Provisional Irish Republican Army to the largest nationalist force in Northern Ireland, the party continues to project its objectives within the revolutionary politics and tradition of 1916. Whilst various groups across the island of Ireland stress their loyalty to Irish independence and allegiance to their republican forefathers, 2016 also plays host to devolved assembly elections in Northern Ireland. The centenary of the Easter Rising is therefore a poignant moment to reassess republican politics, more specifically, the relationship between the armed revolutionary tradition and constitutionalism. Within the post-peace process era Sinn Féin have been accused of maintaining an autocratic culture and an intra-party framework that is more representative of a clandestine revolutionary organisation than a political party. Yet, simultaneously, Sinn Féin have not been immune to the pressures experienced by other modern political parties, bound by the laws of electoral competition and driven by office-seeking priorities. In order to explore Sinn Féin within the modern political arena, this article firstly examines the broader debate surrounding how armed groups make the transition into constitutional politics. Secondly, public opinion survey data is used to judge the basis of Sinn Féin's electoral appeal. Finally, internal party documents are used to examine party structure, intra-party democracy, and professionalisation in order to judge the extent to which Sinn Féin have completed the transition from being a “mouthpiece” to their armed counterpart, towards being a “normal” political party.     

Fighting Talk: The Statements of “The IRA/New IRA”

With the advent of the new violent dissident merger, “The IRA/New IRA,” the group and its affiliates have had to legitimise their new existence. They have utilised the maintenance of paramilitary activity to achieve this. However, they have also produced a number of organisational statements, justifying their position, tactics, and strategies. This article analyses the evolution of these statements, both pre and post-merger from 2007 to 2015. 126 individual statements and four magazines are analysed using grounded theory. This analysis found that the statements have a dual strategy, aiming to foster trust in the movement and distrust in their perceived enemies. One of the dominant ways in which the group aims to foster trust is by proposing their possession of an historical mandate from the republican forefathers of 1916, as well as the internally lauded paramilitaries from The Troubles-era Provisional Irish Republican Army. The focus of the distrust narrative has been on the “constitutional nationalism” of Sinn Féin. However, it also pours scorn on the Police Service of Northern Ireland, and capitalism, across the island of Ireland. The analysis of these statements can provide us with an understanding of the future direction of the group, as well as giving us insight, which can inform the development of any counter-narrative.     

Domination,global harms,and the problem of silent citizenship: toward a republican theory of global justice

Many citizens across the globe suffer domination and injustice in silence. It is not a silence of apathy or approval, but is another sort of silent citizenship born of deep inequality. This article attempts to come to terms with the global scope of silent citizenship as a form of domination that has become increasingly common among the worst-off in society. I argue that identifying problems of silent citizenship requires us to give priority to injustice over justice in future efforts to promote global justice. To illustrate how this might be done, I broaden the scope of republican theories of nondomination to consider how they might be applied to silent citizenship from a global perspective.     

隐私权的政治哲学辩护

作为现代社会的基础哲学,自由主义通常被作为隐私权的政治哲学基础。在对自由主义的基本前提“权利优先于善”的质疑中,社群主义和共和主义以不同于自由主义的理路也对隐私权作出了辩护。厘清和阐释这三种政治哲学对隐私权的辩护方式有助于我们加深对隐私权的概念理解。     

多元·妥协·和谐:共和政体的精髓

共和政体是自古希腊以来就一直存在的一种政体形式,虽历经几千年的发展、演化,但其核心仍表现为几种至少两种势均力敌的力量之间的相互斗争、妥协,并最终实现社会和谐和稳定发展的过程。本文通过对西方共和政体发展历史的追溯,探讨我国以人民代表大会为核心的人民共和国政体的稳定发展之路。     

‘New dissidents are but old Provisionals writ large’? The Dynamics of Dissident Republicanism in the New Northern Ireland

This article discusses recent developments in dissident Irish republicanism and some of the arguments advanced to explain its emergence as a factor in Northern Irish politics. In particular it considers those explanations which define these new armed groups as either the latest manifestation of a historically determined Irish republican tradition or simply as ‘residual terrorist groups’ left behind by Provisional republicanism's movement into the constitutional mainstream in the 1990s. It rejects these arguments as ahistorical and schematic, and instead suggests that the dynamics and trajectory of dissident republicanism are shaped instead by the inherent tensions and structures of ‘the new Northern Ireland’. It goes on to compare the contemporary political, social and economic forces that produce the dissidents with the conditions that created the Provisionals as in the early 1970s and concludes that whilst these new groups will continue to pose a threat to the ‘normalization’ of the new dispensation they will not be successful as their republican forebears in mobilizing a significant and sustained challenge to the Northern Irish state.