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Making Transparency Policies Work: The Critical Role of Trusted Intermediaries 制定透明政策:可信中介机构的关键作用
Pub Date : 2014-10-05 DOI: 10.2139/ssrn.2505674
A. Roberts
Address to the International Seminar on Accountability and Corruption Control, Mexico City, 21 October 2014. Over the last twenty years we have learned that transparency can be used to improve governmental accountability and performance in many ways. We have also become much better at understanding the political, bureaucratic and social factors that influence the adoption and successful implementation of transparency policies. But we have also witnessed the emergence of powerful trends -- such as economic globalization, the growth of terrorism, and a backlash against the democratic surge of the late twentieth century -- that have encouraged stronger resistance to transparency policies. And old approaches to transparency may not work well in a world in which governments and businesses are harvesting vast amounts of digitized information about citizens and customers. For all of these reasons, citizens need friends -- by which I mean organizations that are prepared to resist the rollback of transparency policies, and also explain precisely what governments and businesses are doing with the information they collect. But will there be a ready supply of organizations to play the role of trusted intermediary? This is the crucial question.
在问责制和腐败控制国际研讨会上的讲话,墨西哥城,2014年10月21日。在过去的二十年中,我们已经认识到,透明度可以在许多方面用于提高政府的问责制和绩效。我们也更加了解影响透明度政策的通过和成功执行的政治、官僚和社会因素。但我们也目睹了一些强大趋势的出现,例如经济全球化、恐怖主义的增长以及对20世纪末民主浪潮的反弹,这些趋势鼓励了对透明度政策的更强烈抵制。在一个政府和企业正在收集大量关于公民和消费者的数字化信息的世界里,旧的透明方法可能行不通。出于所有这些原因,公民需要朋友——我指的是那些准备抵制透明度政策倒退,并准确解释政府和企业如何处理他们收集的信息的组织。但是,会有现成的组织来扮演可信中介的角色吗?这是一个关键问题。
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引用次数: 6
Is Fairness Enough? The Politics of Regulating Elections in a New Democracy 公平够吗?新民主主义制度下的选举管理政治
Pub Date : 2014-08-01 DOI: 10.2139/SSRN.2492486
Erik Mobrand
Establishing an effective legal framework for regulating elections is widely considered a priority for new democracies. Electoral regulation, though, can be profoundly political. Writing on democratization has given scant attention to the tension between the establishment of proper procedures and regulation itself becoming a means of contestation. I address this gap by examining the transformation of electoral regulation from authoritarianism to democracy in South Korea, a country widely considered a successful new democracy. I argue that South Korea’s national party leaders and other state actors have used regulation to fight potential rivals, and I offer an explanation for why they have been able to do so. My explanation begins with the premise that political struggles over electoral regulation in a new democracy depend on the ways regulatory institutions operated under authoritarianism and on the interests of powerful actors in reforming those institutions. I show how the democratic bargain of fairness between South Korea’s major parties served as the basis for cooperation among elites within those parties to adapt authoritarian-era regulatory institutions for the purpose of diminishing the electoral chances of other political actors. This study questions the conventional wisdom that a democratic transition necessarily wipes away elite manipulation of elections.
建立一个有效的管理选举的法律框架被广泛认为是新兴民主国家的优先事项。然而,选举监管可能具有深刻的政治性。关于民主化的写作很少关注适当程序的建立与规章本身成为争论的手段之间的紧张关系。我通过研究韩国选举监管从威权主义到民主的转变来解决这一差距,韩国被广泛认为是一个成功的新民主国家。我认为,韩国的国家政党领导人和其他国家行为者利用监管来打击潜在的竞争对手,我对他们为什么能够这样做做出了解释。我的解释始于这样一个前提:在一个新民主国家,围绕选举监管的政治斗争取决于威权主义下监管机构的运作方式,以及改革这些机构的强大参与者的利益。我展示了韩国主要政党之间关于公平的民主交易如何成为这些政党内部精英之间合作的基础,以调整专制时代的监管机构,以减少其他政治参与者的选举机会。这项研究对传统观点提出了质疑,即民主转型必然会消除精英对选举的操纵。
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引用次数: 0
Europe's Crisis of Values 欧洲的价值观危机
Pub Date : 2014-05-29 DOI: 10.2436/20.8030.01.23
D. Kochenov
This contribution outlines the special features of the Rule of Law crisis of the European Union which started in Hungary. It argues that the crisis of values is the first systemic challenge to the very essence of the process of European integration since the foundation of the project. The key features of the crisis are analyzed as well as the reasons that led to the crisis, focusing not only on the EU’s powerlessness to resolve it in terms of procedures and enforcement, but also on the justice void, which looms beyond the internal market, making EU’s substantive involvement – indispensable for the successful resolution of the crisis – overwhelmingly difficult. The main point is very simple: the crisis of values is something new and its importance should be realized in full, as it corrupts the core assumptions about the EU indispensable for Europe’s successful functioning.
这篇文章概述了始于匈牙利的欧盟法治危机的特点。它认为,价值危机是自欧洲一体化计划建立以来,对欧洲一体化进程本质的第一次系统性挑战。本文分析了危机的主要特征以及导致危机的原因,不仅关注欧盟在程序和执行方面无力解决危机,而且还关注了司法空白,这一空白超出了内部市场,使欧盟的实质性参与(成功解决危机必不可少的)变得极其困难。主要观点非常简单:价值观危机是一种新事物,它的重要性应该得到充分认识,因为它破坏了有关欧盟的核心假设,而这些假设对于欧洲的成功运作是必不可少的。
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引用次数: 3
Risk and Reward: The Differential Impact of Authoritarian Elections on Regime Decay and Breakdown 风险与回报:威权选举对政权衰败与崩溃的差异影响
Pub Date : 2013-12-28 DOI: 10.2139/ssrn.1718056
P. Schuler, Dimitar D. Gueorguiev, Francisco Cantú
Authoritarian elections have been linked to both regime longevity and implicated in regime change, raising the question as to whether or not such elections are beneficial. This paper distinguishes between the forces leading to long term decay and those hastening immediate breakdown, arguing that while elections can prevent decay they also provide a potential spark for breakdown. To test this theory, we use a regime-month measure of elections and regime failure. The results show that while multi-party elections are linked to regime longevity they also dramatically increase the risk of democratic transition immediately following an election. These findings are an important advance on our understanding of the impact of elections under authoritarianism. They provide an explanation for seemingly divergent findings that elections cause regime failure and generate regime stability. In short, elections seem destabilizing because they are proximal to a large number of democratic transitions. However, viewed over the long-term they seem healthy for regimes.
专制选举既与政权寿命有关,也与政权更迭有关,这就提出了这样的选举是否有益的问题。本文区分了导致长期衰退的力量和加速立即崩溃的力量,认为虽然选举可以防止衰退,但也为崩溃提供了潜在的火花。为了验证这一理论,我们使用了选举和政权失败的政权月衡量标准。结果表明,虽然多党选举与政权寿命有关,但它们也大大增加了选举后立即民主过渡的风险。这些发现对我们理解威权主义下选举的影响是一个重要的进步。它们为看似不同的结果提供了解释,即选举导致政权失败,并产生政权稳定。简而言之,选举似乎不稳定,因为它们接近于大量的民主过渡。然而,从长期来看,它们似乎对政权是健康的。
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引用次数: 5
The Third Sector Laws in (Re)Democratizing Asia: Regressive or Progressive? (再)民主化中的亚洲第三部门法律:退步还是进步?
Pub Date : 2013-10-26 DOI: 10.2139/ssrn.3138090
S. Hasan
This panel is an effort by the APPIN partners to revisit the legal environment, in four of the twelve participating countries, after a decade. The panel authors have experiences in working for the Asia Pacific Philanthropy Information Network (APPIN; 2000-06) that also looked at the legal and institutional aspects of philanthropy and third sector activities. This panel includes presentations from four (re)democratizing countries in Asia: Bangladesh, India, Indonesia, and the Philippines. All (political party) governments, in these countries, have been ‘reforming’ the regulatory system for the third sector organizations, in general. The question is: have these reforms been ‘regressive’ or ‘progressive’? The examples and discussions in this panel show that the laws have not been progressive, and conclude that more regulations are for not better outcomes; but for benefitting ‘us’, restricting ‘them’. Further, it seems that true associational revolution (with organizational democracy) will improve political and social conditions in these countries, not more laws or TSOs. The increase in the third sector capability need to be matched by membership organizations promoting competition of ideas and persons with horizontal self-regulatory mechanism. The third sector self-regulation, did not work because of the ‘us’ and ‘them’ divide in the past, but is important and must be introduced.
该小组是APPIN合作伙伴在十年后重新审视12个参与国中的4个国家的法律环境的一项努力。该小组的作者有在亚太慈善信息网络(APPIN;2000年至2006年),也研究了慈善和第三部门活动的法律和制度方面。该小组包括来自四个(重新)民主化的亚洲国家的演讲:孟加拉国、印度、印度尼西亚和菲律宾。总的来说,这些国家的所有(政党)政府都在“改革”第三部门组织的监管体系。问题是:这些改革是“倒退的”还是“进步的”?本小组的例子和讨论表明,法律并没有进步,并得出结论,更多的法规并不是为了更好的结果;而是为了让“我们”受益,限制“他们”。此外,似乎真正的联合革命(与组织民主)将改善这些国家的政治和社会条件,而不是更多的法律或tso。第三部门能力的提高需要与促进思想竞争的会员组织和具有横向自律机制的人员相匹配。第三部门的自我监管,由于过去“我们”和“他们”的分歧而没有发挥作用,但这是重要的,必须引入。
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引用次数: 1
Constitution-Making in Romania: From Reiterative Crises to Constitutional Moment? 罗马尼亚的制宪:从反复的危机到宪法的时刻?
Pub Date : 2013-07-05 DOI: 10.2139/ssrn.2290143
Paul Blokker
Romanian constitution-making since 1989 has been of an uneven and recently evermore conflictive kind. In the 1990s, no significant changes to the 1991 Constitution were made, and the role of the Romanian Constitution could be said to be less visible in politics. Since the mid-2000s, in contrast, and after the 2003 amendment mostly triggered for reasons of EU accession, the Constitution has become a clear object of political salience and contention. Constitutional conflict is particularly outspoken since the presidential crisis of 2007, and has become outspoken again in the summer of 2012. This has triggered the 2013 attempt to revise the Constitution. Key problems in Romania remain a weakly diffused constitutional culture among both politicians and the wider public, a Constitutional Court that seems unable to play the role of guardian and constitutional educator, and the relative absence of a meaningful constitutional debate in the wider public sphere. The constitutional frame seems to fail in inducing in both political and civil society a civic and political orientation towards constitutional values and a robust public debate on the foundations of Romanian democracy. The 2013 turn to constitutional revision, might however include a turn into the right direction and constitute a 'constitutional moment'. The paper starts with a discussion of constitution-making since 1989. Second, I will briefly analyze the role of the Romanian Constitutional Court in the democratization process, and, third, discuss the recent crisis that directly involved the Court. Fourth, I will look into the current revision process and 'constitutional moment', and fifth, I will discuss the potentially reinvigorating effects of civic engagement in constitutional change.
自1989年以来,罗马尼亚的宪法制定一直是不平衡的,而且最近越来越多的冲突。在20世纪90年代,1991年宪法没有做出重大修改,罗马尼亚宪法在政治中的作用可以说是不那么明显了。相比之下,自2000年代中期以来,以及2003年主要因加入欧盟而引发的修正案之后,宪法已成为政治上引人注目和争论的明确对象。自2007年总统危机以来,宪法冲突尤其公开,2012年夏天再次公开。这引发了2013年修改宪法的尝试。罗马尼亚的主要问题仍然是,在政治家和广大公众中,宪法文化传播薄弱,宪法法院似乎无法发挥监护人和宪法教育者的作用,以及在更广泛的公共领域相对缺乏有意义的宪法辩论。宪法框架似乎未能在政治和公民社会中引导对宪法价值的公民和政治取向以及对罗马尼亚民主基础的强有力的公众辩论。然而,2013年转向修宪,可能包括转向正确的方向,并构成一个“宪法时刻”。本文首先对1989年以来的宪法制定进行了讨论。其次,我将简要分析罗马尼亚宪法法院在民主化进程中的作用,第三,讨论最近直接涉及法院的危机。第四,我将研究当前的修订过程和“宪法时刻”,第五,我将讨论公民参与宪法改革的潜在振兴作用。
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引用次数: 7
The Novelty of the EU: From Common Market to Common Democracy 欧盟的新奇:从共同市场到共同民主
Pub Date : 2013-06-09 DOI: 10.2139/ssrn.2276683
J. Hoeksma
The purpose of this essay is to suggest that, if six or more democratic states decide to share sovereignty in order to prevent war, the international organisation, which they establish to this effect, should be democratically governed too. According to the prevailing theory of international relations, however, it is impossible for this premise to be true. The Westphalian system of international relations holds that democracy and the rule of law can only come to fruition within the boundaries of a sovereign state, whereas the relations between states belong to the domain of diplomacy. The idea that a common democracy could be created besides and above the national democracies of the member states, is discarded as an anomaly. Notwithstanding these theoretical objections, the EU is developing from a common market to a common democracy. The 1992 Maastricht Treaty established the common citizenship of the Union and foresaw the creation of a common currency. The 1997 Treaty of Amsterdam introduced the principle of democracy as a core value of the EU per se, while the 2009 Lisbon Treaty stipulates that the functioning of the EU shall be founded on representative democracy. This essay argues that the European Union has outgrown the Westphalian system of international relations and aspires to establish itself as a common democracy.
这篇文章的目的是建议,如果六个或更多的民主国家决定分享主权,以防止战争,他们为此建立的国际组织,也应该民主治理。然而,根据流行的国际关系理论,这个前提是不可能成立的。威斯特伐利亚国际关系体系认为,民主和法治只能在主权国家范围内实现,而国家间的关系则属于外交范畴。可以在成员国的国家民主之外建立共同民主的想法,被视为异类而被抛弃。尽管存在这些理论上的反对意见,但欧盟正在从一个共同市场向一个共同民主国家发展。1992年的《马斯特里赫特条约》确立了欧盟的共同公民权,并预见了共同货币的诞生。1997年的《阿姆斯特丹条约》将民主原则作为欧盟本身的核心价值,而2009年的《里斯本条约》则规定欧盟的运作应建立在代议制民主的基础上。本文认为,欧盟已经超越了威斯特伐利亚体系的国际关系,并渴望将自己建立为一个共同的民主国家。
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引用次数: 1
Law and Development in Middle-Income Countries: Conclusion 中等收入国家的法律与发展:结论
Pub Date : 2013-01-22 DOI: 10.2139/ssrn.2205163
R. Peerenboom
This concluding chapter summarizes the key findings, locates these findings within the existing literatures on law and development and related fields, develops policy recommendations for MIC governments and development agencies, and highlights areas for further research. The discussion is organized around the eight issue areas: (1) is “middle-income country” an analytically useful category? (2) is there a middle-income trap, are there various traps, or is it a myth? (3) what if anything do successful MICs share? (4) why have East Asian states been so successful, and does the recent success of Central and Eastern European states provide an alternative model? (5) what is the relationship between politics, or political-economy, and development in MICs? (6) how have MICs been influenced by and adapted to the new international economic order? (7) what approaches are available to MICs to address pressing socio-economic issues? and finally, (8) what lessons are there for policymakers and development agencies in promoting rule of law and good governance in MICs? I conclude with some recommendations for future research.
最后一章总结了主要发现,将这些发现与法律与发展及相关领域的现有文献进行了对比,为中低收入国家政府和发展机构提出了政策建议,并强调了进一步研究的领域。讨论围绕八个问题领域展开:(1)“中等收入国家”是一个分析上有用的类别吗?(2)是否存在中等收入陷阱,是否存在各种陷阱,还是只是一个神话?(3)成功的中等收入国家有什么共同之处?(4)为什么东亚国家如此成功,中欧和东欧国家最近的成功是否提供了另一种模式?(5)中等收入国家的政治或政治经济与发展之间的关系是什么?(6)中等收入国家如何受到并适应新的国际经济秩序?(7)中等收入国家有哪些方法可以解决紧迫的社会经济问题?最后,(8)政策制定者和发展机构在促进中等收入国家的法治和善治方面有哪些经验教训?最后,我对未来的研究提出了一些建议。
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引用次数: 5
The European Endowment for Democracy between Wishful Thinking and Reality: Flexible and Unbureaucratic? 欧洲民主基金会在一厢情愿和现实之间:灵活和非官僚主义?
Pub Date : 2012-11-01 DOI: 10.2139/ssrn.2480126
Julia Leininger, Solveig Richter
In June 2012 the EU set up the European Endowment for Democracy (EED) with the aim of supporting prodemocracy actors and of doing so quickly, flexibly, unbureaucratically and audaciously. But wishful thinking and reality are still separated by a wide gap: first, integrating all relevant EU institutions and Member States in the decision-making structures of the EED might hinder flexible action. Second, what the EED is seeking to achieve, actor-centred democracy promotion in complex situations of radical change, is a highly risky venture. Third, it is unclear how the EED is to complement existing EU instruments with similar tasks and how the fragmentation of funding structures can be avoided. Against this background, the effectiveness of the EED is contested. To ensure that the Endowment has a positive impact, numerous key questions have yet to be answered, since the Statutes are very vague in many places. It is for the Board of Governors, which will probably meet in September 2012 for the first time, to decide what form the strategic and operational decision-making and allocation procedures should take. Only if the EED is able to take political action flexibly and the continuation of its activities in a target country in the long term is guaranteed by other EU institutions or Member States can it represent a genuine added value for European democracy promotion. For this the following aspects are of relevance: 1. Flexibility of procedures: If bureaucratic decision making processes are to be avoided, it would be advisable for the Board of Governors to exercise restraint in the EED’s operational activities and to confine itself to the EED’s strategic orientation. The future Executive Director will have a key role to play in this respect. 2. Support rather than control: The Member States should either be more generous with their voluntary contributions to the EED or not use their voting rights in the Board of Governors. The more financial room for manoeuvre and political backing the EED receives, the more flexibly it will actually be able to act. 3. Contextual sensitivity: Compared to the European Instrument for Democracy and Human Rights (EIHDR) and the EU Civil Society Facility, the EED will be able to add value if it cooperates closely with experienced non-governmental democracy promoters in the target country and joins with them in identifying shortcomings in the assistance provided. 4. Long-term promotion: The EED’s establishment should not result in the allocation of resources to actorcentred measures at the expense of an institutionally aligned policy. They may have no effect at all or even counterproductive effects if they are not backed by a clear political strategy. From the outset, ways of ensuring long-term follow-up assistance, through EU instruments as the EIDHR, should therefore be sought. 5. Reform of the EIDHR: It is crucial to continue the planned reform of the EIDHR on which work has already begun. After all, its shortcomings will n
2012年6月,欧盟成立了欧洲民主基金会(European Endowment for Democracy, EED),旨在支持亲民主的行动者,并迅速、灵活、不官僚、大胆地支持他们。但是,一厢情愿的想法和现实之间仍然存在巨大的差距:首先,将所有相关的欧盟机构和成员国纳入EED的决策结构可能会阻碍灵活的行动。其次,在激进变革的复杂局势中,EED寻求实现以行动者为中心的民主促进,这是一项高风险的尝试。第三,目前尚不清楚EED如何以类似的任务补充现有的欧盟工具,以及如何避免资金结构的分散。在此背景下,人们对EED的有效性提出了质疑。为了确保捐赠基金产生积极的影响,许多关键问题尚未得到回答,因为章程在许多地方非常模糊。将由理事会决定战略和业务决策及分配程序应采取何种形式,理事会可能将于2012年9月举行首次会议。只有经济发展委员会能够灵活地采取政治行动,并且它在一个目标国家的长期活动得到其他欧盟机构或成员国的保证,它才能成为促进欧洲民主的真正附加价值。为此,以下几个方面是相关的:程序的灵活性:如果要避免官僚决策过程,建议理事会对EED的业务活动进行约束,并将其自身限制在EED的战略方向上。未来的执行主任将在这方面发挥关键作用。2. 支持而非控制:成员国要么更慷慨地向发展基金提供自愿捐款,要么不使用其在理事会中的投票权。EED获得的财政回旋空间和政治支持越多,它的实际行动就越灵活。3.背景敏感性:与欧洲民主和人权工具(EIHDR)和欧盟公民社会基金相比,如果EED与目标国家经验丰富的非政府民主促进者密切合作,并与他们一起确定所提供援助的不足之处,它将能够增加价值。4. 长期促进:环境评估署的设立不应导致资源分配到以行为者为中心的措施上,而牺牲了与制度一致的政策。如果没有明确的政治战略支持,它们可能根本没有效果,甚至适得其反。因此,从一开始,就应该寻求通过欧洲联盟的文书,如《欧洲卫生条例》,确保长期后续援助的方法。5. 《国际卫生报告》的改革:至关重要的是继续按计划进行《国际卫生报告》的改革,这项工作已经开始。毕竟,它的缺点不会仅仅通过建立一个新的机构而消除。
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引用次数: 5
Tax Reform in Uganda: Missed Opportunities and Prospects for State-Building 乌干达税制改革:错失的机会和国家建设的前景
Pub Date : 2012-02-14 DOI: 10.2139/ssrn.2609357
Dorothy Kwagala-Igaga
Over the past 26 years, Uganda has carried out a series of economic and governance reforms. Throughout the 1990s, Uganda implemented the Structural Adjustment Programmes (SAPs) sponsored by the International Monetary Fund (IMF) and world Bank aimed at transforming the economy and encouraging economic development. The economic reforms were part of a wider reconstruction programme aimed at reviving the economy after decades of economic and political mismanagement. The reforms involved liberalising the economy to stimulate the private sector and make it the engine of economic growth. These economic reforms were implemented alongside extensive governance reforms aimed at strengthening state institutions, establishing accountability through anti-corruption institutions, promoting democracy and good governance through electoral reforms among others. Despite the timing of the economic and governance reforms, they were not linked or synchronised and each aspect was pursued independently of the wider reforms. In some instance like the creation of the URA and the tax reforms, there was a deliberate effort to shield the URA from the “political” institutions themselves. The argument in this paper is that this “blunted” and constrained the impact and success of the reforms both economic and political.
在过去的26年里,乌干达进行了一系列经济和治理改革。在整个1990年代,乌干达执行了由国际货币基金组织(货币基金组织)和世界银行赞助的结构调整方案,目的是改变经济和鼓励经济发展。经济改革是一项更广泛的重建方案的一部分,该方案旨在振兴几十年来经济和政治管理不善的经济。改革包括实行经济自由化,以刺激私营部门,使其成为经济增长的引擎。这些经济改革与广泛的治理改革同时实施,旨在加强国家机构,通过反腐败机构建立问责制,通过选举改革促进民主和善政等。尽管经济和治理改革的时机已定,但它们并非相互联系或同步进行,每一个方面都是独立于更广泛的改革之外进行的。在某些情况下,例如成立市建局和税制改革,都是有意避免市建局受到“政治”机构的影响。本文的论点是,这“钝化”并限制了经济和政治改革的影响和成功。
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引用次数: 0
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