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Law, North America, Political science, Politics / Political Systems, United States, Les études du CERI
François Vergniolle de Chantal
The US Congres is the most powerful legislative in the world. Its independence and its powers make it impossible for the presidency to be truly imperial. The Senate is especially influential since it allows its members to use a series of minority procedures, such as the filibuster, that exert a constant a priori pressure on the Executive. This institutional configuration is made extremely costly by the current partisan polarization. It is also, however, a functional equivalent to the theoretical parliamentary right of life and death on Executive powers.
High turnover and low reputation ? Elements of sociology of the Supreme People’s Court Grand Justices
Taking Constitution(alism) seriously ? Perspectives of constitutional review and political changes in China ?
China, Democratization, Human rights, Justice, Law, Memory and politics of the past, North-East Asia, Les dossiers du CERI
Multiculturalism is, among other things, a normative framework for addressing claims made by ethnic political actors in liberal democratic states. It offers principles for deciding which of these claims are acceptable, which unacceptable, and which imperative on grounds of justice. The practical application of such principles to particular cases is what is called here adjudication, whether or not it has a judicial character. The argument of the paper is that a tendency to frame adjudication solely in normative terms, with reference to idealised eth-nic claims and idealised political processes, has led many contributors to multicultural literature, including some of the most influential, to misstate the problems, and therefore to offer solutions of dubious re-le-vance. The reason for the normative focus is, understandably enough, to avoid conflating justice with a balance of interests in pluralist bargaining. What is lost by such an approach, however, is the thickness of the political so-ci-o-logy of ethnic claims, which goes hand in hand with the institutional thickness of their adjudication. A crucial aspect of this is the sociologically inadequate conception of culture characteristic of normative multiculturalism, as a result of which it is often difficult to apply empirically to the very con-texts multicultural theorists are mainly concerned with. The at-tempt to find substantive principles for the adjudication of ethnic claims that might be independent from prac-tical politics, in-clu-ding empirical power relations, is ultimately unsuccessful.
Enjeux politiques et sociétaux de l’édification d’une armature juridique de la propriété privée en Chine. Le cas des expropriations et démolitions de logement dans les villes,
Borders, Demography, Diasporas, Identities, Law, Migrations, Nationalism, Russia, Russian Federation, Social policy, Les études du CERI
Hostile, sometimes even xenophobic discourse towards migrants remains generally the norm in Russia. However, the Russian Federation’s migration policy appears relatively flexible, particularly in regards to the member countries of the Commonwealth of Independent States (CIS), whose nationals benefit from simplified procedures when it comes to entering Russian territory and obtaining a work permit. Russian authorities, reticent after the Western Europe experience, intend therefore to promote labor immigration and limit family immigration. At the same time, in order to encourage the cohesion of the Russian nation as a whole, the Russian Federation intends to undertake an ambitious policy to promote cultural diversity, including both the many different constituent groups among Russians and the immigrant communities in Russia. This multiculturalism “à la russe” recalls the “folklorization” during the Soviet period involving the cultures and traditions of the Soviet Union’s different populations. In the absence of a real political directive a the federal level, local authorities have been more active on the matter, notably in Moscow.
L’Allemagne et l’Europe. Remarques sur la décision de la Cour constitutionnelle fédérale relative au traité de Lisbonne.
Emerging States, Environment, India, Justice, Law, Multinational corporations, NGOs / Civil society, Norms, Poverty, Regulation, Social policy, South Asia, Les études du CERI
The post-interventionist development adopted by Indian governments from the mid-1980s onwards has enabled companies to further participate in the economic growth. Still, growth benefits are very unevenly distributed while social and environmental externalities weigh more and more on Indian society. In such a context, while public regulation tends to reduce social and environmental judicial constraints in order to encourage rapid growth of investments, civil society groups are intensifying their regulatory actions on private companies, and advocate for a balance of public policies in favor of a better protection of the social groups most affected by economic activity, and for a better protection of the environment. As a response, big companies are revising their strategies and practices of corporate social responsibility (CSR), to preserve their social legitimacy and the conciliatory attitude of the State. This study explores the recomposition of relationships and balances of power between economic actors, the State and the civil society, in a context of national modernization. It provides a detailed analysis of stakes and dynamics within public and civil society regulation, as well as companies’ self-regulations.
China, Justice, Law, Migrations, North-East Asia, Politics / Political Systems, Poverty, Social policy, State, Territory, Urbanization, Les études du CERI
Hukou is a system for registering and controlling the population set up under Mao to promote the socialist development program. It has created a lasting division between urban and rural areas and has given rise to differences in status that violate the Chinese constitution, which stipulates that all citizens are equal in the eyes of the law. Maintaining the hukou system and cleverly adapting this communist institution in answer to the country’s social and economic changes largely explains how the CCP remains in power. Hukou helps manage development by controlling urban expansion and favoring rapid industrialization at a lesser cost to the state. Despite accelerated reforms to the system in recent years, it has perpetuated inequality among citizens. Hukou thus remains a tool of the party’s divide-and-rule strategy. The reforms, which promote greater social mobility and help ensure that elites remain behind the central power, also curb social unrest, although in a context in which hukou has never been so criticized. The system thus remains the bedrock of an authoritarian regime, serving its two priorities: maintaining social stability and high growth rate.