Constitutional reform has been an important means to push populist authoritarian agendas in Hungary, Poland, Turkey and Venezuela. The embrace of constitutional means and rhetoric in pursuit of these agendas has led to the growing recognition of ‘populist constitutionalism’ as a contemporary political phenomenon. In all four examples mentioned above, democracy, popular sovereignty and direct plebiscitary appeal to the people is the rhetorical and justificatory framework for constitutional reform. This, I worry, gives democracy a bad name and reinforces (...) the widespread suspicion that citizens should not be directly involved in constitutional reform as popular participation can lead to dangerous majoritarianism and is easily manipulated by elite actors seeking to weaken constitutional checks and balances. But the problem, I argue, is not inherent in citizen’s participation in constitutional reform. In contrast to populist constitutionalism, I develop an idea of deliberative constitutionalism in which citizens can participate in constitution-making and reform without hijacking constitutionalism for majoritarian, nationalist or anti-pluralist ends. Deliberative constitutionalism as I understand it has four features: a Habermasian co-originality thesis that articulates the interdependence of democracy and liberalism mediated by a conception of discourse; a proceduralized idea of popular sovereignty that reduces the tension between appeal to the people and respect for pluralism; the centrality of the public sphere over the voting booth as the cradle of democracy; institutional innovations intended to include citizens in constitutional reform (including through referendums) but avoid majoritarian and populist pathologies. (shrink)

The reform process of the CAP is increasingly open to actors that apply different frames. Recent research reveals the consistent use of five frames during CAP reform processes: the policy mechanism frame, the farmers’ economic frame, the societal concerns frame, the budgetary frame, and the foreign trade frame. Our qualitative content analysis of 1,155 newspaper articles from Austria’s largest agricultural newspaper published between 01/10/2010 and 31/01/2015 confirms that these five frames are also used in national CAP reporting and (...) consist of subframes. The European Commission (EC), the European Parliament, and the Council of the European Union, which are involved in the CAP legislative process, mainly use the policy mechanism frame. The farmers’ economic frame and the policy mechanism frame are applied throughout the reform process. The societal concerns frame is gradually used over time, while the foreign trade frame is limited to specific events. The budgetary frame increasingly refers to public money for public goods, which indicates that the EC and other actors put efforts into legitimising the CAP. The results emphasise that both, agricultural and environmental actors use agricultural media to generate support for or condemnation of agricultural policy and thereby affect political agenda-setting. (shrink)

Health care reform proposals threaten to exacerbate tensions physicians already face in trying to balance traditional duties to individual patients against increasing pressure to serve broader societal and institutional goals. To cope with reform, medical ethics must clarify physicians' moral obligations, change existing ethical codes, and develop an ethics of institutions.

Health care reform that includes universal coverage could lower a major barrier to care for people of color and ethnic minorities—the inability to pay for care. But universal coverage alone, even with comparable fee-for-service payment or appropriately risk-adjusted capitated reimbursement, will not eradicate the racial and ethnic inequities in health care delivery. Restrictive admissions practices, geographic inaccessibility, culture, racial stereotypes, and the failure to employ minority health care professionals will still create barriers to minority health care. In addition to (...) universal financing, health care reform should include new civil rights legislation to address and reduce these noneconomic barriers to minority health care. (shrink)

On 1 May 2004 research ethics committees became legally accountable to a new government body, the United Kingdom Ethics Committee Authority. This marks the end of the self regulation of research ethics. This paper describes how this change in research ethics committee status has come about and explores the implications for research subjects, researchers, institutions, and for regulation of research.

Reform of the economic structure is a profound revolution that not only affects every aspect of China's political and economic life but stimulates changes in the way of social life, the mode of thought, and the concepts of social ethics and morality. The relationship between people reflected by these changes is closely related to the basic issues, principles, and standards of morality. Ethically, the changes themselves contain moral issues. The current economic reforms are changing and enriching people's concepts of (...) morality and will doubtless enhance their development. (shrink)

Defence reform (DR) was one of the most important original components of security sector reform (SSR). It has innate contractions: between fundamental Western assumptions (such as the liberal peace project) and local values and the tension between major-power national strategic interests and local aims. From 1990, DR programmes have frequently focused on effectiveness, not accountability, based on Western major power interests. But DR processes are difficult and involve significant political challenges therefore quick results are virtually impossible. Taking the (...) long view is important. Ahead, the best results for accountability, effectiveness and sustainability are likely to be via abandoning attempts to intervene for national strategic interests, and only initiating programmes slowly in short steps, when interveners’ and recipients’ values are already closely aligned. (shrink)

Ahmed uncovers new historiographical perspectives by critically examining the work of prominent intellectuals, such as Muhammad Abduh, Qasim Amin and Abdul A'la Maududi.

The core of Hegelian idealism is the concept of dialectic, the soul of logic and the fundamental law of reality in all its forms. This dialectic is as vastly different from Platonic dialectic as the categories or pure concepts of the Transcendental Logic in the Critique of Pure Reason are from Plato’s ideas and Aristotle’s universals, and its character cannot be more plainly indicated than by this very contrast of the category with the Platonic idea and the Aristotelian universals.

In their papers in this supplement, Ruth Faden and colleagues conclude that research ethics and regulation must change to accommodate a changed and changing health care environment. The reality, however, is that the widely understood and accepted ethical framework embedded in the regulatory requirements known as the Common Rule, and recent proposals to modify the Common Rule have become stalled, at least for the foreseeable future, if not permanently. Meaningful systemic modernization of the Common Rule is not likely to occur (...) any time soon. All the same, modernization of the Common Rule is desperately needed. In the short term, the agencies responsible for implementing it must be willing to develop practical guidance for implementing the current regulatory requirements in a way that promotes clarity and understanding and allocates human and fiscal resources based on the level of risk to subjects. To this end, the Veterans Health Administration recently implemented policy to address the research‐practice distinction—a distinction that is especially relevant to VHA's current challenges and that the authors of the “ethical framework” articles have identified as particularly outmoded. (shrink)

Recent rape law reform is most saliently characterised by a turn to gender neutrality in its definition of the crime of rape. The few possible advantages of a gender neutral approach to rape are offset by a series of disadvantages regarding gender justice when viewed from a feminist perspective. Formal gender neutrality does not safeguard against the effective influence of pervasive and enduring symbolic constructions pertaining to male and female sexuality and of a normalised hierarchical binary constructed between the (...) two sexes, in particular where sexual relations are concerned. Such efficacy may impede justice for both male and female victims of rape. The question about the place of sexual difference or rather sexual specificity within feminist theories of justice should be considered anew in light of this critical analysis of gender neutrality in rape law. (shrink)

A major issue facing the health of both minors and young adults in the United States is the often unintentional lack of confidentiality maintained in the provision of sensitive health services. Studies have shown that access to confidential care is crucial for minors seeking preventive care and treatment for sensitive services. Evidence demonstrates that many minors will not seek health care if confidentiality cannot be ensured, which can have significant negative health implications; this finding can be extended to young adults (...) covered under their parents health plans. Young adults, not just minors, also often forgo important sensitive services when they face a breach of confidentiality, which most likely occurs when their parents have access to the adult child's health information.Currently, private insurance companies generally send the policyholder an explanation of benefits whenever a service is provided under a plan. EOBs generally include information identifying the patient, provider, type of care received, total charge for services, amount paid by the insurance company, and any financial obligation of the policyholder. (shrink)

Too many patients are injured in the course of medical care. This truth is as distressing now as it was four years ago when it began an article in this journal’s last similar symposium. Many or most injuries seem preventable. Yet today’s systems of care and of oversight of care too often fail to prevent them, despite generations of increasing legal intervention. Few injuries are litigated, even fewer addressed through medical peer review or state disciplinary authorities. The Institute of Medicine’s (...) landmark report To Err Is Human brought patient safety to national attention when released in late 1999. Half a decade later, significant reduction of injury remains a distant prospect, despite some apparent progress. (shrink)

Campbell, Ray Trying to fully understand what was behind the recent amendments to the Criminal Code in Queensland and the continued pressure to change the law on abortion is something like trying to do a jigsaw puzzle. However, in this case there are one or two foreign pieces that really do not contribute to the true picture, but are introduced as a distraction.

I'm very grateful to receive such long and thoughtful responses from some of the world's most creative and influential moral philosophers. Since I largely agree with Jeff McMahan and Larry Temkin, I will devote most of my scarce space to Rob Sparrow.Sparrow earlier claimed that since women gestate and live longer, enhancers are committed to parents conceiving only girls. To avoid this absurdity, we must reject enhancement and endorse what Sparrow calls “therapy”. I noted we first need to know what (...) “therapy” means, and devised various clarificatory cases. This central aspect of my paper remains unaddressed, with Sparrow admitting his view is ill-defined.1 He also grants his reductio is inapplicable to some enhancement doctrines, implying he provided no case uniquely favouring therapy.Other enhancement doctrines may avoid Sparrow's reductio for different reasons. For example, John Harris noted that enhancers are not committed to enhancing regardless of consequences, including extinction. Sparrow then denies extinction-avoidance provides reasons for individuals. I argued that it is wrong for individuals to contribute to disasters like extinction or climate change. Sparrow now admits this but claims parents may permissibly do so for their children's sake.1 Their children presumably can reciprocate, so family emissions can grow with everybody permissibly taking for others what it remains impermissible for those others to take for themselves. Since this is implausible, Sparrow's argument fails.Sparrow also claimed that a non-individual concern to prevent extinction is akin to Nazi eugenics, and comparable to creating people with barely worth-living lives to feel superior to them. Commenting on the case, I claimed that “the avoidable creation of lives barely worth living is itself abhorrent”.2 McMahan assumed I meant ‘creating such lives is never permissible’,3 but by “avoidable” I meant ‘when creating better …. (shrink)

Justice system reform is being implemented in Japan. The number of attorneys ( bengoshi ) has substantially increased and concerns have been raised about the impact on the profession's quality and ethics. The profession has called for a slowdown in the increase. Does the increase really adversely affect legal ethics in Japan? Should the pace of the reform be slowed down, from the perspective of maintaining legal ethics? This paper begins to answer these questions through empirical analysis of (...) (1) whether there is an increase in cases of ethical concerns; and (2) whether such an increase (if any) is caused by the increase in bengoshi. The paper then investigates whether there is an over-supply of bengoshi. It concludes with a discussion of the negative impact that a slowdown of the increase may have on access to justice and the bengoshi profession's (ethical) responsibilities. (shrink)