Courts, the new constitutionalism and immigrant rights: The case of the French Conseil Constitutionnel

Abstract.  This article examines the role of courts in the creation of immigrant rights. Immigrant rights are located within a broader 'new constitutionalism' (especially in postwar Europe), in which courts have abandoned their traditional passiveness toward the political process and taken on the role of de facto legislator. Analyzing the immigration jurisprudence of the French Conseil Constitutionnel , we argue that courts are torn between two opposite imperatives: to protect an especially vulnerable category of people from the enormous police powers of the modern administrative state; and to respect an elementary exigency of sovereign stateness – that is, the capacity to draw a distinction between 'citizens' and 'aliens' as differently situated persons without a right of entry and permanence.     

Demokratie, Autokratie und die regulative Gestaltung der Außenwirtschaftsbeziehungen in Entwicklungsländern

This paper investigates into the political determinants of trade policy regulation in developing countries. When choosing between the trade policy instruments tariffs and quota governments consider the effects of these policies on their political support from interest groups and voters. It is argued that quantitative restrictions become increasingly less attractive as a country democratizes. Instead, motives of revenue generation gain importance. Therefore, the likelihood of democratic governments choosing quota is smaller than for their autocratic counterparts. Empirical tests based on a sample of 75 developing countries for the years 1979–1998 support the hypothesis.     

Democracy and the Violation of Human Rights: A Statistical Analysis from 1976 to 1996

Most studies posit and identify a linear and negative relationship between democracy and the violation of human rights. Some research challenges this finding, however, suggesting that nonlinear influences exist. Within this article, we examine the structure of the relationship between democracy and repression during the time period from 1976 to 1996. To conduct our analysis, we utilize diverse statistical approaches which are particularly flexible in identifying influences that take a variety of functional forms (specifically LOESS and binary decomposition). Across measures and methodological techniques, we found that below a certain level, democracy has no impact on human rights violations, but above this level democracy influences repression in a negative and roughly linear manner. The implications of this research are discussed within the conclusion .     

The relationship between Kenneth Koma and the Botswana Democratic Party, 1965-2003

This article assesses the weaknesses of opposition in Botswanathrough the case of Kenneth Koma, the influential Presidentof the Botswana National Front (BNF) from 1977 to 2001. Thisis done by examining the perception that from 1997 Koma's relationshipwith the ruling Botswana Democratic Party (BDP) destabilizedand weakened the opposition in the country. The article challengesa view, held by some of his detractors in the opposition, thathis leadership style was out of tune with global trends. Italso argues that what some people have viewed as ‘tribalism’— the domination of the BDP leadership by members of theBangwato tribe (of which Koma is also a member) — seemsto be primarily a matter of expediency. This alleged tribalismis used by Koma's critics as a smear. The article analyzes therelationship between Koma and the BDP at both political andpersonal levels. At the political level, Koma's failure to keepthe BNF united has been capitalized on by the BDP to tightenits grip on power. At the personal level, Koma has used hisconnections in the BDP to advantage in his business dealings.Koma's cult status and his personal and political choices havetherefore significantly contributed to de facto one-party rulein Botswana.     

Views on the ‘Four Comprehensives’

<正>The"Four Comprehensives"may constitute the main pillars for the next phase of the Chinese social and economic transformation.The general direction of these principles is,however,not new.It has been widely recognized that China needs ongoing reforms for more sustainable and socially inclusive growth.Otherwise,imbalances will increase,posing higher risks to the Chinese and world economy.Being principles,they are rather vague and leave much room for interpretation and adjustment.Concrete targets on the social and economic transformation have not been set.The need for reforms is urgent in many areas,and it is a challenging task to keep the balance.Development priorities Future GDP growth should become more sustainable and should not harm the environment.Eco-friendly growth can be supported if the service sector accounts for a higher share of the economy.The service sector is also less productive on average,implying that high employment can be realized even at     

Why Underachievers Dominate Secret Police Organizations: Evidence from Autocratic Argentina

Autocrats depend on a capable secret police. Anecdotal evidence, however, often characterizes agents as surprisingly mediocre in skill and intellect. To explain this puzzle, this article focuses on the career incentives underachieving individuals face in the regular security apparatus. Low-performing officials in hierarchical organizations have little chance of being promoted or filling lucrative positions. To salvage their careers, these officials are willing to undertake burdensome secret police work. Using data on all 4,287 officers who served in autocratic Argentina (1975–83), we study biographic differences between secret police agents and the entire recruitment pool. We find that low-achieving officers were stuck within the regime hierarchy, threatened with discharge, and thus more likely to join the secret police for future benefits. The study demonstrates how state bureaucracies breed mundane career concerns that produce willing enforcers and cement violent regimes. This has implications for the understanding of autocratic consolidation and democratic breakdown.     

The impact of a ready‐made state: East Germans in comparative perspective

To understand the impact of reunification upon Germans, we must make before and after comparisons across time, and also across central Europe. The first section shows that from the perspective of comparative Communist regimes, east Germans have been doubly advantaged, in former times because of belonging to a relatively prosperous part of the Soviet bloc and since reunification as subjects of a ‘ready‐made state’ with democracy and a wealthy social market economy. Analysis in the second section of the impact of reunification on west Germans shows that a significant proportion feel less satisfied than before, whereas the opposite is the case for east Germans. The third section introduces comparisons with Austria. Like the Federal Republic, it has enjoyed the advantages of democracy and a market economy, but without the trauma of division and reunification.