The Expansion of Emergency Powers: Social Conflict and the Military in Indonesia

The exercise of emergency powers is always controversial. This article identifies the expansion of the type and scope of emergency powers through legislative reform. It does so by examining the Indonesian Law on Social Conflict 2012, which allows a state of social conflict to be declared at the national, regional or local level in response to social conflict, such as conflict between religious or ethnic communities. The deliberate choice of the term “state of social conflict”, rather than “state of emergency”, is an attempt to obscure the nature of these powers. Analysis of these powers and the debate that has ensued suggests that the law expands the types of situation in which powers usually only reserved for an emergency are used, and by delegating this power to local authorities, the law in effect amounts to the expansion of emergency powers. I suggest that this should lead to renewed focus on meaningful limits and checks on the exercise of power during times of emergency.     

President Versus Congress: The Struggle for Public Attention

Power relationships between the executive and legislative branches in the United States are affected by the nature and shape of public opinion. Both branches actively seek the stamp of popular approval but the President has advantages in the struggle for public attention that are vital in the exercise of his powers. Television, in the coverage it gives to presidential activities and pseudo-activities, provides the President with an opportunity to move and lead the nation. Although we are a nation of shared powers, television projects the message that we are a presidential nation and that message is affecting both popular perceptions and power relationships on the national level.     

Devolution and the modernization of local government: Prospects for spatial planning

The creation of devolved administrations in Scotland and Wales, coupled with the proposals for the English regions are creating new operational environments for local government in different parts of the UK. This paper reviews both the key factors affecting these new environments and their relationship with local government. The paper assesses the factors influencing the context for change, and considers these comparatively within England, Scotland and Wales. Attention is focused on emerging forms and practices of spatial planning within the devolved countries at the local level, caused by sub-national, local and community institutional change. Spatial planning is utilized as an example of the changing nature of central–local government relationships within the UK. The article concludes that there is evidence of convergent and divergent trends occurring at different speeds within the three countries and that the new local government relationships in Scotland and Wales may be more defined as a direct consequence of devolution. In England, by contrast, the new relationships between local government and central government appear more complex, not least as a result of the emerging picture of governance being brought about by regionalization. This leaves the future structure and powers of spatial planning within English local government more uncertain at the present time.     

Rethinking American Public Policy: The Environment, Federalism, States, and Supranational Influences

The politics of American public policy recently have transformed in response to changing power relationships between levels of government in the United States. Certain policy choices now are made in different arenas–for example, state and local government institutions often make policy decisions that previously had been within the jurisdiction of America's national government. At the same time, new policy relationships between states also are altering previous political patterns. This article highlights and explains this phenomenon, and focuses particularly on the changing power relationships between levels of government in the United States–national, state, and local–and the resulting policies and politics. More specifically, it closely examines two 20th century innovations in government and public policymaking within the context of a discrete case study. One of these innovations is institutional–the rise of public authorities or public corporations as highly insulated, governmental entities. The other is procedural–the environmental impact statement process. Together, these innovations, in concert with broader international and global trends, have played a large role in the shifting power structure and politics underlying American public policymaking activities.     

俄罗斯联邦权力结构改革与民族问题

俄罗斯独立后的联邦权力结构改革与民族问题有很强的关联性。俄罗斯独立之初,伴随着地方民族主义的抬头,各民族自治实体与联邦中央展开了权力争夺。叶利钦时期,俄联邦中央试图通过与地方分享权力来化解这种危机;普京执政以后,大力加强联邦垂直权力体系的建设,以求提高联邦的法律效率和整顿社会秩序。文章认为,民族因素是俄联邦权力结构组合和变迁的重要因素;普京对联邦权力结构的改革将减少地方和民族因素的影响,联邦权力体系的运行效率将大大提高。     

High court review 2005: The manifestation of separation of powers in Australia

In 2005 questions were raised in public debate regarding the scope, meaning and manifestation of the constitutional separation of powers and the role of the High Court in interpreting these. In particular, the issue of the efficacy of checks and balances within the system of government against potential abuses of executive powers was raised, due to the dominance of the legislature by the executive for the first time in 24 years. This Review argues that while the High Court staunchly defended its independence and the role of the judiciary in a division of powers, it demonstrated a simultaneous reluctance to curb executive powers. This has implications for the manifestation of separation of powers in the Australian context, both in terms of its philosophical foundations and in so far as it signals a trend away from the likely realisation of public expectations of its role as expressed in appeals made to it.     

试论魏玛"福利国家"的早期实践(1918-1920)

一战结束后,德国社会遭遇了政治、经济与社会的多重危机,政府权力亟待合法性认同,社会期稳定。魏玛政府力图把福利国家作为控制与解决危机的一种手段。1918-1920年间,魏玛的福利国家建设曾规范劳动市场、协调劳资关系、改革保险和救济政策、解决住房问题以及调整经济运作模式等方面掀起高潮从短时段看,这些实践活动确立了基本的福利国家原则,维护了政府权威,初步解决了战后德国的社会危机然而从长时段看,这一时期的福利实践存在许多问题,埋下了日后经济危机、社会危机乃至民主危机的隐患。     

New powers in the club: the challenges of global trade governance

No good deed goes unpunished: the WTO's timely response to accommodate the new powers—Brazil, India and China—at the heart of its decision‐making has produced new inefficiencies, has heightened its proclivity to deadlock, and has exacerbated disengagement and disillusionment among all its stakeholders. Particularly in the context of a major economic crisis, a reliable international institution is necessary to ensure the continued provision of freer trade—well‐recognized as the route to recovery. With the WTO's recent record to provide these necessary public goods under doubt, where do the solutions lie? This article discusses the changing role of the new powers in the WTO, and further analyses the opportunities and challenges that these developments generate. The concluding section examines possible routes to reform. While very little can, or indeed should, be done to alter the balance of power itself, it is argued that appropriate institutional reform can help the multilateral trading system retain the advances it has made on grounds of fairness and further address the concerns of efficiency that are central to the crisis that it faces today.     

Neoliberalism,the Developmental State and Civil Society in Korea

Following the Asian economic crisis of the late 1990s, some scholars predicted that the introduction of neoliberal ideas and policies would result in the definitive passing of the Korean developmental state. Despite these predictions, Korean state elites have retained their influential position as economic managers by, for instance, practicing a revised form of industrial policy. Neoliberal reform has, however, had significant social implications. Rather than neoliberalism acting as a democratising force that curtails the power of the state, this article illustrates that the Korean state has used the reform agenda to justify an expansion of its powers. The state presented itself as an agent capable of resolving long-standing economic problems, and of defending law and order. By doing so, the state reduced the political space available to non-state actors. The article concludes that for some states, neoliberalism is a means of retaining economic and political influence, and that former developmental states may be particularly adept at co-opting elements of civil society into governing alliances.     

Kokusaika and Internationalisation: Australian and Japanese Sister City Type Relationships

Sister city type relationships at local government level form an important part of Australian-Japanese relations. The original concept of sister cities was to increase international understanding and peace at local level. Over the years, that concept has changed and there is now a robust debate over the inclusion of commercial exchanges into sister city type relationships. This article describes the context of this debate by analysing the different perceptions of sister city type relationships in Australia and Japan. It begins with a discussion of the public policy contexts of sister cities in both Australia and Japan. The second section deals with an analysis of the results of surveys in Australia and Japan. Finally, case studies of two important issues related to SCTRs are discussed: economic and business relations and community involvement. The article concludes by suggesting that sister city type relationships between Australia and Japan are dependent upon the over-arching public policy contexts and sometimes lead to mismatched expectations between the two countries.     

Enacting a Local Reform in the Age of Reform: A Salary for the Chairman of Middlesex Sessions

This article examines the unsuccessful attempts made from 1833 to 1842 by Middlesex's justices of the peace to obtain a local statute allowing them to pay a salary to their chairman. Instead of securing such an act, they had to settle for a statute enacted by the government, a statute authorising the government to appoint their chairman for judicial proceedings. The article uses the story of Middlesex's attempt to obtain a salary for the chairman to examine: justices' attempts to reform the office of chairman of county Sessions; the limited powers of justices in their county Sessions; and the centralising aspirations of central government. The statute that the government produced in 1844 originated as a public bill. In contrast, the statute that Middlesex had attempted to obtain originated as private bills. The statute enacted by the government contained defects that probably would not have marred a statute enacted under the rules governing private bills. So, this article uses the legislative misadventures of the government's bill to compare the procedures for enactment of public and private bills. The article therefore provides a case study of mid‐19th‐century legislative procedures governing enactment of local legislation, while arguing that, as of the mid 19th century, parliament had not developed procedures appropriate to both representative government and a centralising central government using public bills for local matters.     

太平天国应对社会危机的政略实践及得失——兼谈太平天国的评价问题

江南是太平天国建立较稳定统治并有力推行各项政策方略的地区。太平天国政府作为该区域的政治实体,在应对社会危机和基层社会治理方面均有不同程度的尝试和努力,主要采取了“应变十策”,旨在完成由“打天下”向“坐天下”执政理念的转型。但因主客观条件限制,太平天国应对社会危机的成效不大,调控社会秩序的预期没有实现;但某些地区的太平天国地方当局在内忧外患的非常时期,仍能于社会建设领域有所建树,所以过去认为太平天国“重立不重建”的政权建设惯性也仅是相对而言的。政府调控和应对社会危机的政略实践,还是国家统治技术和社会战略的体现。太平天国的社会战略展现了太平天国时期国家与社会关系的特殊实态。我们发现太平天国的政治权力以较为积极的姿态向乡村社会渗透,不同于该时期绅权扩大的一般势态,占领区的绅权呈现被压缩的另面镜像。太平天国战争之后,清政府在重整社会秩序工作中有意识地继承江南绅权被压制的趋势,在更广范围内限制和约束绅权,激发了国家权力与地方社会的新一轮角逐,并对晚清政局产生了影响。这一视角还为我们客观理性地认知太平天国的历史地位提供了切入点,呈现了太平天国复杂多重的历史面相。     

Some Aspects of State–NGO Relationships in India in the Post-Independence Era

This article discusses some aspects of state–NGO relationships in India at the central and local levels from 1947 onwards. It draws its analytical framework from studies which incorporate organizational complexities and characteristics, political, social, and economic realities, associational cultures of individual countries, and human agency in analysing state–NGO relationships. It examines the applicability to India of some propositions on state–NGO relationships which are found in the literature. The author argues that there are observable differences in state–NGO relationships in various localities; these are illustrated through a set of case studies of local state–NGO interactions in the context of housing and land policies for the urban poor. Despite these differences, however, the author argues that the relationship at the local level can be generally characterized by the hostility of politicians, party workers, local élites, lower level bureaucrats, and lower level employees of the state toward NGO activity.     

Local Land Use Plans and the Implementation of New Urban Development

This article, based on case studies of plan 'construction' in the 1980s for large scale residential development near Bristol, England and in Poitiers, France, argues that the form and content of these local land use plans were the product of the coordinative planning strategy adopted. This strategy embodied assumptions about implementation and established relationships between development interests and the plan 'constructors' during the process of plan preparation. These relationships in turn were a consequence of the contrasting powers and resources available to local government to ensure the implementation of local land use plans.     

The President as Legislative Leader: The Use of Veto Power in Environmental Policy Making

Presidents use legislative powers in many ways to influence environmental policy. The relationship between partisanship and the use of these powers is an open question. Previous research has shown that legislative powers such as the passage of legislation and budgetary decisions display bipartisan effects. This study argues that this does not hold true for veto power. Presidents of different parties approach environmental legislation differently and use vetoes in dissimilar ways. Understanding these differences allows for a better comprehension of how environmental policy decisions are made and the role of presidents in this process.     

新自由主义的危机与都市治理——从全球到地方

自2008年的经济危机之后,新自由主义作为西方国家和城市治理的主要手段也受到根本性的挑战,这些政治经济的失败,最终表现在都市空间的治理当中。本文将以新自由主义的扩张案例入手,通过国内外都市空间治理的实践经验,剖析新自由主义所带来的短期和长期的政治经济危机后果,并讨论全球不同空间尺度当中撤退空间的治理与挑战。新自由主义的问题不仅存在于西方国家,在网络时代和全球化的趋势下,资本的累积是在全球范围内产生危机,亚洲国家以及中国也必须思考如何应对危机,以及探索后新自由主义的发展道路。最后,文章从全球到地方的撤退空间讨论当中,反思新自由主义作为一种全球性的都市治理政策在全球的流动,认为就后政治的城市来说,要超越新自由主义的局限还有待观察,中国城市走向后新自由主义的治理转型就必须勇于摆脱英美社会脉络所产生的都市治理论述,建构符合地方社会脉络的理论和实践。     

Dealing with the Local State: The Informal Privatization of Street‐Level Bureaucracies in Senegal

Based on comparative research on the mechanisms and representations of petty corruption in West Africa, this article analyses the principal figures of administrative brokerage within the justice system, the customs and the local Senegalese fiscal services. Contractual, voluntary or informal staff mitigate the difficulties of access to bureaucratic institutions, while at the same time being used as a conduit for corrupt transactions. In the context of an opaque, under‐equipped administration, barely‐controlled and with disproportionate discretionary powers, these auxiliary staff contribute both to the daily functioning of the Senegalese post‐adjustment state, and to its circumvention. Through an ethnography of the relationships between the public services and their users, this article describes the important operational logics of the local government, which lay the foundation for the practices of intermediation and brokerage. It also evokes the emergence of new forms of informal privatization and the progressive institutionalization of the ‘informal’ as a management mode of the state in everyday life.     

公共危机管理语境中的我国政府能力评析——以汶川抗震救灾危机管理为例

政府领导者的决策能力、政府体系的决策执行能力和政府动员社会支援能力是现代政府能力结构的基本要素。公共危机管理使政府在非常态行政环境中的政府能力充分“曝光”,成为检验一个国家政府能力强弱的最好机会。中国政府正是凭籍强大的政府能力优势,成功地应对了汶川地震危机。这种强政府能力具体体现为：中国政府领导者强大的决策能力、中国政府体系高效的决策执行能力、充足的动员社会支持能力。     

Economic Resources and Political Power at the Local Level in Post-Soviet Russia

In the 1990s in local government in Russia, the dominant trends might be described as neo-Soviet because of their apparent continuity with patterns that prevailed before the end of communist rule in that country. The promise of independence for "local self-government," as set forth in the Russian Constitution of 1993 and subsequent legislation, largely has been frustrated. The tendency of privatized economic enterprises to divest themselves of responsibility for social benefits, and the lack of an adequate base for financial independence for local governments, have made it necessary for local officials to rely heavily on the regional authorities for support. Within local government, the elected legislature usually is subordinate to a dominant executive leadership. Those features of contemporary local government in Russia are explained by the consequences of decisions adopted by the country's post-Communist leadership, including the method and content of economic reform. The results are unfavorable both for the resurgence of the local economy and the growth of democracy at the local level.     

The New Nature of Things? Canada's Conservative Government and the Design of the New Environmental Subject

Since coming to power in 2006, Canada's government under Stephen Harper has worked to recalibrate federal regulatory, legislative and economic development frameworks as they overlap in the littoral zone of the environment. We argue that Harper's Conservative government is pursuing a totalizing strategy in reconfiguring the desired Canadian environmental subject. This strategy approaches an integrated design that eclipses the incremental strategic options most Canadian federal governments have understood themselves to be constrained by. This design's basic features include the discursive strategies employed to collapse “the environment” into a singular resource extraction paradigm, a programmatic concentration of power to the executive branch of the Canadian government, and a classical conservative ideology that associates environmental regulation and management with dominion over and improvement of national territory, to the exclusion of other frames and relations. We query the articulation of consent and certainty in relation to the environment and extractive economies in Canada.