Political Institutions: Constitutions eJournal最新文献_第3页

Political Institutions: Constitutions eJournal Pub Date : 2017-03-02 DOI: 10.4337/9781786432445.00030

Jerg Gutmann, S. Voigt

{"title":"The Rule of Law and Islam","authors":"Jerg Gutmann, S. Voigt","doi":"10.4337/9781786432445.00030","DOIUrl":"https://doi.org/10.4337/9781786432445.00030","url":null,"abstract":"No other religion's role in politics is as controversial as that of Islam – at least in Western societies. It has been claimed that Muslims are more likely than others to voice opinions that conflict with core elements of a free society, such as capitalism, constitutional democracy, and the rule of law. Indeed, Muslim countries seem to struggle with establishing democracy and the rule of law, while the acknowledgement and protection of minority rights in particular are a constant concern in Muslim societies. A recent survey by the PEW Research Centre indicates that values expressed by large numbers of Muslims around the world remain incompatible with the liberalism favoured in modern-day Western societies. Although Muslims in most parts of the world think that women should decide whether they veil themselves, overwhelming majorities of Muslims also say that a wife should always obey her husband. Furthermore it is still controversial whether women should have a right to divorce and whether sons and daughters have the same inheritance rights. Even though a majority of Muslims support democracy and it is almost universally agreed that religious freedom is something positive, the view that religion should play a role in politics is widely embraced among Muslims. A majority of Muslims favour enshrining Shari'a in official state law and specifically among those Muslims, honour killings and the death penalty for apostates are widely supported...","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130700024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 10

A Hayekian Case Against Anarcho-Capitalism: Of Street Grids, Lighthouses, and Aid to the Destitute 哈耶克反对无政府资本主义的案例:关于街道网格、灯塔和对穷人的援助

Political Institutions: Constitutions eJournal Pub Date : 2017-01-26 DOI: 10.2139/SSRN.2906383

Robert C. Ellickson

引用次数: 3

The Self-Organizing Society: The Role of Institutions 自组织社会:制度的作用

Political Institutions: Constitutions eJournal Pub Date : 2016-09-19 DOI: 10.2139/ssrn.2840637

J. Stewart

{"title":"The Self-Organizing Society: The Role of Institutions","authors":"J. Stewart","doi":"10.2139/ssrn.2840637","DOIUrl":"https://doi.org/10.2139/ssrn.2840637","url":null,"abstract":"Is it possible to constrain a human society in such a way that self-organization will thereafter tend to produce outcomes that advance the goals of the society? Such a society would be self-organizing in the sense that individuals who pursue only their own interests would none-the-less act in the interests of the society as a whole, irrespective of any intention to do so. I sketch an agent-based model that identifies the conditions that must be met if such a self-organizing society is to emerge. The model draws heavily on an understanding of how self-organizing societies have emerged repeatedly during the evolution of life on Earth (e.g. evolution has produced societies of molecular processes, of simple cells, of eukaryote cells and of multicellular organisms). The model demonstrates that the key enabling requirement for a self-organizing society is ‘consequence-capture’. Broadly this means that all agents in the society must capture sufficient of the benefits (and harms) that are produced by the impact of their actions on the goals of the society. If this condition is not met, agents that invest resources in actions that produce societal benefits will tend to be out-competed by those that do not. This ‘consequence-capture’ condition can be met where a society is managed by appropriate systems of evolvable constraints that suppress free riders and support pro-social actions. In human societies these constraints include institutions such as systems of governance and social norms. If a self-organizing society is to emerge, consequence-capture must occur for all agents in the society, including those involved in the establishment and adaptation of institutions. By implementing consequence-capture, appropriate institutions can produce a self-organizing society in which the interests of all agents (including individuals, associations, firms, multi-national corporations, political organizations, institutions and governments) are aligned with those of the society as a whole.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114762794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Bringing Politics Back In: Access to Justice and Labor Dispute Resolution in China 政治回归:中国的司法公正与劳资纠纷解决

Political Institutions: Constitutions eJournal Pub Date : 2016-06-07 DOI: 10.1017/9781108115919.013

Hualing Fu

{"title":"Bringing Politics Back In: Access to Justice and Labor Dispute Resolution in China","authors":"Hualing Fu","doi":"10.1017/9781108115919.013","DOIUrl":"https://doi.org/10.1017/9781108115919.013","url":null,"abstract":"A neglected aspect in the global promotion of rule of law is the political nature of the rule of law. While scholars and practitioners in the field have debated the necessity and feasibility of worldwide rule of law (McCubbins, Rodriguez and Weingast, 2010; Weingast, 2008), they tend to focus on whether, or the degree to which, a developing country meets the “doorstep conditions” for the rule of law as defined in the West. The literature in general marginalizes the political use of law when it is applied in the developing world. In a sense, law is purposively regarded as a technical governance tool, and the politics of rule of law is intentionally taken out of the equation in academic and policy considerations.This chapter uses labor dispute resolution in China as an example to study access to justice in China’s social and economic transition. The principal argument is that the legal approach to access to justice, with a sharp focus on law and courts, is narrow and fails to explain the wider political horizon on which justice is defined and redefined according to the prevailing sense of justice and the political economy that shapes it. In doing so, this chapter brings politics back to the over-legalized concept of access to justice. The chapter first explores the background in which legal justice emerges in China, and then examines the dominant features of access to justice as it is understood and implemented in China.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130565021","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

La tutela della concorrenza nell’ordinamento italiano: dal codice civile del 1942 alla riforma costituzionale del 2001 (The Protection of Competition in the Italian Legal System: From the Civil Code of 1942 to the Constitutional Reform of 2001) 意大利法律制度中的竞争保护:从1942年的《民法》到2001年的《宪法改革》

Political Institutions: Constitutions eJournal Pub Date : 2015-12-14 DOI: 10.2139/ssrn.3140506

M. Libertini

引用次数: 0

Good Governance and Political Stability in Nigeria: An Assessment of the Goodluck Jonathan Administration 尼日利亚的善治与政治稳定:对古德勒克·乔纳森政府的评估

Political Institutions: Constitutions eJournal Pub Date : 2015-11-17 DOI: 10.2139/ssrn.2853510

Busola Dunmade

{"title":"Good Governance and Political Stability in Nigeria: An Assessment of the Goodluck Jonathan Administration","authors":"Busola Dunmade","doi":"10.2139/ssrn.2853510","DOIUrl":"https://doi.org/10.2139/ssrn.2853510","url":null,"abstract":"Political stability has proved seemingly unachievable in Nigeria. Despite the governance efforts of various administrations conflicts, violence, ethno-religious crisis amongst others have continued to plague the country, though it is important to note that for governance to be considered good, it has to possess certain characteristics such as transparency, predictability, accountability, participation, and performance, but how much of these characteristics were present in the Goodluck Jonathan administration? This paper argues that the quality of governance in Nigeria has been below standard and this makes sustainable development seem so far away to be achieved making use of descriptive analysis and secondary sources of data collection. This paper further examines the relationship between good governance and political stability and the implications of this relationship to the experience of governance under the Goodluck Jonathan administration. This study concludes that the reason for political instability in Nigeria is due to the failure of certain key institutions that ensure good governance in the country and recommends strengthening of weak institutions as a remedy to further promote political stability. This implies that with good governance, political stability can be achieved and overall sustainable development.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114493909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Living Constitutional Identity: The Contribution of Non-Judicial Actors 一个活生生的宪法认同:非司法行为者的贡献

Political Institutions: Constitutions eJournal Pub Date : 2015-11-10 DOI: 10.2139/ssrn.2688667

Pietro Faraguna

{"title":"A Living Constitutional Identity: The Contribution of Non-Judicial Actors","authors":"Pietro Faraguna","doi":"10.2139/ssrn.2688667","DOIUrl":"https://doi.org/10.2139/ssrn.2688667","url":null,"abstract":"In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union – not a fully-fledged federation yet – each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the European experience, this article compares judicial and non-judicial means of accommodation of divergent constitutional values. In the category of non-judicial means, political negotiated exemptions and opt-outs in favor of certain Member states have been considered. In the category of judicial means of accommodation, this article analyzes how national and supranational Courts approach the concept of constitutional identity. This article finds that non-judicial means of accommodation of identity-related conflicts are a crucial complement to judicial ones and – under certain circumstances – a superior alternative.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114477899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Magna Carta, the Rule of Law, and the Limits on Government 《大宪章》、法治和对政府的限制

Political Institutions: Constitutions eJournal Pub Date : 2015-10-15 DOI: 10.2139/ssrn.2676184

Jesús Fernández-Villaverde

引用次数: 9

Over-Accountability Over-Accountability

Political Institutions: Constitutions eJournal Pub Date : 2015-08-18 DOI: 10.1093/jla/lau008

Jacob E. Gersen, M. Stephenson

引用次数: 10

The Rule of Law and Leadership in Substitution and in Conflict: Social Psychological and Legal Perspectives on Chinese Tax Administration 替代与冲突中的法治与领导:中国税收征管的社会心理与法律视角

Political Institutions: Constitutions eJournal Pub Date : 2015-07-06 DOI: 10.2139/ssrn.2666329

Nolan Sharkey, I. Murray

引用次数: 1