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edisonashley · 3 years

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Gareth Evans: The Senedd Election and the Constitutional Prospects for Welsh Devolution

On 6 May 2021, the people of Wales went to the polls in the sixth Senedd election. More so than in previous Senedd elections, the focus of the debate centred around a catalogue of distinctly Welsh political issues, including the constitutional future of the Welsh devolution settlement. Among the constitutional possibilities offered to voters at the election were proposals for both the abolition of the Senedd and Welsh independence, together with the more muted options of maintaining the constitutional status quo, or seeking the devolution of additional powers in areas such as justice and policing, transport and broadcasting.

Outside of these considerations, the election also serves as a useful opportunity to reflect on how Welsh devolution has evolved since the last Senedd election in May 2016. On this point, the May 2021 election marked a number of firsts. In terms of the Senedd’s legislative competence, this was the first Senedd election of the new reserved powers era of Welsh devolution, following the changes introduced by the Wales Act 2017. Changes to the name and franchise of the Senedd stemming from the Senedd and Elections (Wales) Act 2020 meant that this was also the first opportunity for many 16 and 17 year olds, together with qualifying foreign nationals, to vote in a Senedd election, and the first election to the renamed Welsh Parliament / Senedd Cymru. Looking to the UK more broadly, the vote also marked the first Senedd election since the 2016 Brexit referendum and the UK’s withdrawal from the European Union.

Interwoven around each of these constitutional considerations was the context of the election taking place during the coronavirus pandemic. This provided a unique set of circumstances for campaigners and voters alike. On the one hand, the Welsh response to the pandemic provided unprecedented visibility for the First Minister and Welsh Government, and showed the relevance and increased public understanding of Welsh devolution. On the other hand, the regulations imposed to control the pandemic in Wales had the effect of limiting the ability for face-to-face campaigning ahead of the election and, during the large increase in coronavirus cases during early-2021, necessitated the Senedd to pass emergency legislation setting out powers to potentially postpone the election by up to six months.

This blog reflects on the election result and the political composition of the Senedd, and sets out some of the constitutional prospects that we may expect during the sixth Senedd.

The Election Result

The election result saw Welsh Labour match its best ever result in a Senedd election and retain its position as the largest party in the Senedd (30 MSs), followed by the Welsh Conservatives (16 MSs), Plaid Cymru (13 MSs) and the Welsh Liberal Democrats (1 MS). In constitutional terms, those parties advocating positions at the two extremes of the constitutional spectrum – independence and abolition – failed to make a significant impact or record notable gains and in the case of those parties campaigning to abolish the Senedd, failed to return any candidates to the Senedd.

Instead, the political composition of the sixth Senedd finds common constitutional ground through those parties who favour further devolution. Indeed, if we dissect the manifesto commitments of those parties who will be returning members to the sixth Senedd, only one – the Welsh Conservatives – stood on a commitment not to seek greater powers for the Senedd. The other three each campaigned on manifesto commitments to, amongst other things, ‘pursue the case for the devolution of policing and justice’ (Welsh Labour), ‘push the envelope on the devolution settlement’ (Welsh Liberal Democrats) and, in the case of Plaid Cymru, seek those powers necessary to make provision for a referendum on Welsh independence.

Constitutional Prospects

Turning to the question of the constitutional prospects for Welsh devolution during the sixth Senedd, it is necessary to distinguish between those matters that presently lie within the Senedd’s legislative competence and those that are dependent on the agreement of Westminster.

Beginning with those matters presently within the Senedd’s legislative competence, one area where the incoming Welsh Labour Government may seek to legislate is in relation to those powers set out under section 111A of the Government of Wales Act 2006. This section, inserted into the 2006 Act by the Wales Act 2017, affords the Senedd the power to make law, via a two-thirds majority vote, on certain protected subject-matters relating to its operating procedure and voting system. A recent example of section 111A in practice came through the Senedd and Elections (Wales) Act 2020 which, as mentioned, amended the name of the Senedd and extended the franchise for Senedd elections. For the incoming Welsh Labour Government, an area where it may seek to utilise the powers under section 111A is in relation to increasing the size of the Senedd and/or reforming the voting system used in Senedd elections. These are two areas where Welsh Labour, Plaid Cymru and the Welsh Liberal Democrats share common ground. They have also been areas recommended for reform by numerous Committees on Welsh devolution, beginning with the Richard Commission in 2004 and most recently reiterated in the September 2020 report of the Committee on Senedd Electoral Reform.

Matters are less clear, however, regarding the substance of any reforms in these areas. In regard to increasing the size of the Senedd, past recommendations have included targets of between 80 and 100 MSs. Based on party manifestos, Welsh Labour and Plaid Cymru detail their commitment to work towards implementing the recommendations made by the Committee on Senedd Electoral Reform, but do not include target figures for any increase in the size of the Senedd. The Welsh Liberal Democrat manifesto [page 62] offers some more detail and includes support for an increase up to 80 or 90 MSs. The position is less certain again in regard to reform of the Senedd’s electoral system. One recommendation which has maintained traction alongside proposals for increasing the size of the Senedd, is to elect the majority of the new members through the regional list vote. This would then increase the number of members elected via the proportional element of the Additional Member System (AMS). A more radical option for reform set out by the Committee on Senedd Electoral Reform is to replace the existing hybrid AMS system with the more proportional Single Transferable Vote, as currently used for elections to the Northern Ireland Assembly. This latter option is supported in both the Plaid Cymru and Welsh Liberal Democrat manifestos. Based on this analysis, proposals for reform in this area therefore seem probable during the sixth Senedd, however the exact details remain uncertain.

A matter less directly within the gift of the Senedd, but within the power of the Welsh Government to pursue, is the continuation of its legal challenge to the UK Internal Market Act 2020. In the recent legal challenge to the Act, the Counsel General was unsuccessful in seeking declarations on the Act’s potential to impliedly repeal sections of the Government of Wales Act 2006 and limit the Senedd’s legislative competence. In its judgment – [2021] EWHC 950 (Admin) – the High Court refused the Counsel General’s claim on the basis of prematurity, due to the fact that the ‘relevant legal events have not yet arisen’ [para.30]. Looking to the future, however, the Court left open the possibility of a judicial review, should specific legislative proposals appear via the 2020 Act which apply to the Welsh devolution settlement [para.37]. Should the appropriate context therefore emerge during the course of the sixth Senedd, it is likely that the Welsh Government will begin new legal proceedings. This view is supported by the Welsh Labour manifesto[page 66] for the 2021 election: ‘We will… challenge the UK Internal Market Act and its attack on devolution and champion the rights of the Senedd to legislate without interference in areas devolved to Wales’.

As a final point, we turn to focus on those matters currently outside of the Senedd’s legislative competence but which may be requested by the Welsh Government to be devolved. As mentioned, the political composition of the Senedd makes it likely that a request for additional powers may emerge. This is again an area where Welsh Labour, Plaid Cymru and the Welsh Liberal Democrats share common ground, in particular in reference to the devolution of justice and policing, in line with the recommendations put forward by the Thomas Commission (2019). Any expansion to the Senedd’s legislative competence would, however, require the consent of Westminster. Additional powers may be transferred to the Senedd either through primary legislation passed by the UK Parliament (as seen in the Wales Act 2014 or Wales Act 2017), or via a Section 109 Order amending those matters set out as reserved under Schedule 7A GOWA. Matters of legal procedure aside, however, the success of any request for additional powers remains a contested political issue between the Welsh and UK Governments. Based on comments made by Michael Gove following the Senedd election, the UK Government looks set to maintain its rejection of further devolution to Wales. It therefore seems probable that those arguments on the constitutional future of Welsh devolution that emerged during the fifth Senedd will continue into the sixth Senedd.

Conclusion

In many ways, the 2021 Senedd election was a further example of the evolutionary character of Welsh devolution, and the preference of a majority of Welsh voters for middle-ground strategies on constitutional reform. Going forward, the future of the Welsh devolution settlement is likely to remain a salient issue in Welsh politics and an important consideration for the Welsh Government. Indeed, as shown in this blog, there are a number of areas where the Welsh Government may seek to amend the existing devolution settlement, or request the transfer of additional powers from Westminster. There also remain a number of legal issues, particularly in relation to the UK Internal Market Act, where the Welsh and UK Governments seem likely to remain in disagreement. Thus, while the recent uncertainty created by the coronavirus pandemic may foster a period of initial stability and consolidation for Welsh devolution, the future of the devolution settlement is likely to remain an ongoing consideration in the sixth Senedd.

With thanks to Dr Osian Elias, Professor Michael Gordon and Professor Alison Young for comments on an earlier draft of this blog.

Dr Gareth Evans is a Lecturer in Law at the Hillary Rodham Clinton School of Law, Swansea University.

(Suggested citation: G. Evans, ‘The Senedd Election and the Constitutional Prospects for Welsh Devolution’, U.K. Const. L. Blog (13th May 2021) (available at https://ukconstitutionallaw.org/))

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go-redgirl · 5 years

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Senator Who Employed Chinese Spy Endorses Joe Biden for President

A high-profile U.S. senator with professional and personal ties to China — including once employing one of its spies — is backing former Vice President Joe Biden amid mounting questions over his son’s business dealings with the communist regime.

Sen. Dianne Feinstein (D-CA), a former chairwoman of the Senate Intelligence Committee, announced her endorsement of the former vice president on Tuesday, claiming to have witnessed Biden’s “fortitude” and leadership during their overlapping tenures in Congress.

Feinstein said in a statement:

I’ve worked closely with Vice President Biden and I’ve seen firsthand his legislative ability, his statesmanship, and most importantly his moral fortitud. During his time in Congress and in the White House, Joe Biden has been a tireless fighter for hard working American families.

The endorsement comes as Biden’s presidential campaign is besieged by scandal regarding the lucrative business dealings his youngest son, Hunter, had with foreign governments.

Only hours before Feinstein’s endorsement, the Chinese government announced it would not investigate how Hunter Biden ended up at the center of one its top private equity firms. The Chinese foreign ministry made the decision after President Donald Trump publicly called for a probe of Hunter Biden’s dealings with Bohai Harvest RST (BHR). In particular, Trump has noted that the circumstances surrounding BHR’s creation could have posed a conflict of interest for Joe Biden.

As Peter Schweizer, senior contributor at Breitbart News, revealed in his bestselling book Secret Empires: How the American Political Class Hides Corruption and Enriches Family and Friends, Hunter Biden inked the multibillion-dollar deal that created BHR with a subsidiary of the state-owned Bank of China in 2013.

The timing of the lucrative deal has been brought into question as it came only 12 days after Hunter visited China with his father aboard Air Force Two. Officially, the then-vice president was visiting the country amid escalating tensions over islands in the South China Sea and decided to bring his granddaughter and son along. In a March 2018 interview with Breitbart News Tonight, however, Schweizer detailed the political machinations that preceded Hunter Biden’s $1.5 billion venture with China:

In December of 2013, Vice President Joe Biden flies to Asia for a trip, and the centerpiece for that trip is a visit to Beijing, China. To put this into context, in 2013, the Chinese have just exerted air rights over the South Pacific, the South China Sea. They basically have said, ‘If you want to fly in this area, you have to get Chinese approval. We are claiming sovereignty over this territory.’ Highly controversial in Japan, in the Philippines, and in other countries. Joe Biden is supposed to be going there to confront the Chinese. Well, he gets widely criticized on that trip for going soft on China. For basically not challenging them, and Japan and other countries are quite upset about this.

Since its creation, BHR has invested heavily in energy and defense projects across the globe. As of June, Hunter Biden was still involved with BHR, sitting on its board of directors and owning a minority stake of the fund estimated to be worth more than $430,000.

Such dealings at the center of politics and business, while perhaps not illegal, are not exclusive to the Biden family alone. As a few noted at the time of Feinstein’s endorsement, the senator and her husband have their own close ties to the communist country.

During her tenure as mayor of San Francisco in the late-1970s and early-1980s, Feinstein took advantage of the newly normalized diplomatic relations between the U.S. and China by establishing one of the first sister city partnership between San Francisco and Shanghai. Through that partnership, Feinstein led trade delegations to China in which she and her husband, Richard Blum, became acquainted with some of the country’s most prominent political leaders.

As the Federalist noted in August 2018, Feinstein and her husband leveraged those relationships to boost their own wealth. In 1986, Feinstein and Jiang Zemin — the then-mayor of Shanghai, who would later ascend to the presidency of the People’s Republic of China — “designated several corporate entities for fostering commercial relations.” One of those firms was Shanghai Pacific Partners, which employed Blum as a director. Blum reportedly had an interest of upwards of $500,000 in a project backed by Shanghai Pacific Partners.

After Feinstein was elected to the Senate in 1992, Blum continued profiting off their ties to China. A the same time, the freshman lawmaker was pitching herself as a “China hand” to colleagues, even once claiming “that in my last life maybe I was Chinese.” Through her seat on the Senate Foreign Relations Committee, Feinstein led the fight on a number of initiatives seen as being favorable to China, including granting the country permanent most-favored-nation trading status in 2000.

Despite Feinstein and her husband having a close relationship with Jiang, the Chinese government targeted the senator as part of its espionage operations. In the early 2000s, the Chinese Ministry of State Security (MSS) recruited a longtime employee of the senator to gather information about the inner workings of her congressional and district offices. Feinstein only learned of the staffer’s duplicity in 2013, after he’d already been on her payroll for more than 20 years.

“While this person, who was a liaison to the local Chinese community, was fired, charges were never filed against him,” Politico reported in 2018, speculating that because “the staffer was providing political intelligence and not classified information—making prosecution far more difficult.”

Apart from the convoluted history of the senator’s ties to China, the political timing of Feinstein’s endorsement also caught many off guard. The California Democrat, who hosted a fundraiser on Biden’s behalf last week alongside House Speaker Nancy Pelosi’s (D-CA) daughter, is only the most recent figure from the Democrat establishment to openly pledge support for the former vice president. Feinstein’s endorsement, however, was not totally expected, especially since her seamate, Sen. Kamala Harris (D-CA), is mounting a bid of her own for the Democrat nomination. In fact, earlier this year, Feinsten flirted with the notion of remaining neutral in the 2020 contest out of respect for Harris.

Compounding the political picture is that most polls show Biden no longer the favorite to win California, having fallen behind Sen. Elizabeth Warren (D-MA).

Feinstein, however, did not address any of that when endorsing the former vice president on Tuesday. Instead, the senator offered platitudes about Biden’s work to enhance gun control and how his campaign was a “fight to restore the soul of the nation.”

READ MORE STORIES ABOUT:

2020 Election National Security Politics 2020 Democratic Presidential Primary Bohai Harvest RST China Dianne Feinstein Hunter Biden Joe Biden Peter Schweizer Secret Empires: How the American Political Class Hides Corruption and Enriches Family and Friends

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OPINION: Three ‘crooks’ in that picture above!

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loyallogic · 5 years

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European Refugee Crisis

This article is written by Anshika Gubrele, second-year BA LLB student of Bharati Vidyapeeth New Law College, Pune. In this article, she discusses the European Refugee Crisis and the constant changes in the position of Germany and France highlighting the approaches used by them to tackle the crisis. A broader picture has been provided about the government perspective on the crisis and the ways it dealt with the refugees. An emphasis has also been laid on finding a compromise on how to deal with refugees at the international level.

Introduction

In 2015, the European Union (EU) was confronted by the biggest flow of refugees since World War II. This event triggered an intense debate at the global level. The world media broadcasted this burning issue. Earlier, the EU was an example of a powerful union. The main point for this political discourse was, in particular, the uneven distribution of the refugees among the Member States (MSs). This disproportionate share of the prices and burdens reopened the discussion on burden sharing measures. Such measures have been considered by scholars and some Member States (MSs) as an effective measure to deal with the refugee crisis.

Who are refugees?

Refugees are the people who forcefully leave their own country in order to escape from persecution, violence and/or war.

What are the European Refugee Crises all about?

During the advent of 2011, the European continent experienced the huge inclusion of drifters in their soil. This is due to the emergence of political instability and the growth of armed rebellions across the Middle East nations. This event earmarked the exploitation of the normal Arab citizen and how the people raised their voice against the ruling system of that country and its revolution became a marking event on the pages of history. This civil war led to problematic situations in the Middle East. This migration in huge diaspora played both positive and negative role for European states.

So far Europe has received millions of applications for asylum-seekers. Civil wars were at its peak, wide-ranging regional instability occurred, an economic and demographic decline of the Arab League and overall internal disturbances in the Middle East alarmed security threat at the global level.

Numerous polls indicated that this huge intrusion of asylum seekers in some states of European soil is compounded by this reason. Refugee migration which is usually a burden in many aspects for the nations is surprisingly tackled by France and Germany in an unexpected manner. Both the country’s long-standing approaches to immigration and refugees show variation, with open arms standing approach by Germany.

Background of the European refugee crisis

Among all the regions of the world, the large number of refugee immigrants are from Syria, Afghanistan and Iraq as these three nations suffered a lot from the increase in the peak of the Civil war, an increase in the number of radicals, caused a major- hit to economic resources, fewer employment opportunities, diminished health-care facilities and so on. Due to such huge diaspora of refugees, there were numerous refugee-immigrants who came and settled in Europe.

To categorically describe the problems of particularly these three countries which led to this large influx of the refugees then, Syria, which was experiencing bloodshed civil war in the country after the failure of the Arab Spring Revolution. If we take a look at the scenario in Afghanistan, the government which was later elected encouraged war against the Taliban which led to political instability and worse economic conditions of the country which also led to fleeing of a huge number of Afghans from their native state and to start hunting for shelter in European countries, most probably in Germany and France.

Besides, Syria, Iraq and Afghanistan there were other under-developed and developing nations from where refugee migration took place such as Eritrea, Pakistan, Nigeria, Somalia and Sudan.

Economic Opportunities and Challenges of the Refugee Crisis

A large number of refugees influx is a general economic concern among the European nations as this additional burden in population will end up creating situations of unemployment and other repercussions that would affect the economies.

The additional burden of the refugee crisis also caused fear to their pre-existing complications in the economy which was quite rational. As the nation was itself in a weak position to fulfil the needs of its own population and further humanitarian heartedness to intake refugees created a wave of panic in the state.

There have been numerous short-term solutions which are proposed in the order of merit, to fund the additional expenses likely to be incurred while dealing with the refugees. For example, there was a suggestion given by the German Finance Minister, Wolfgang Schauble in 2016, that the member nations of EU could surcharge tax on diesel and gasoline so that economic expenses of the refugee situation in EU could be managed. These implementations on tax reforms could contribute towards uplifting the economies by inflation of money supply.

Only after the refugees entered the labour market, the government started receiving fiscal benefits in the long run. The flow of immigrants, most of whom are young, skilled and keen to work in different positions, fuels the economic growth. An important investment is to provide training for the utilisation of that skill by identifying the specific skills, that the labour possesses and then integrating them into the labour market.

Investment in the special public training programs is expected to give positive results when these migrants based on their specialized skills are employed. Hence, to recognize refugees based on their previous qualification and to initiate special training programs according to their qualification, to integrate them in the society is considered as smart work.

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To cope up with the short-term and the long-term challenges of the refugee crisis, it is vital to collaborate with the private entities with government and non-governmental organizations. By these measures, the business corporations will receive higher profits which will also lead to business growth.

To accelerate the process of allowing the immigrants to join the labour force, the Federation of German Industries (BDI) in Germany has suggested the changes in the German labour regulations and has focused on the advantages that the business world would enjoy because of the contribution of the refugees. The private and the government sector can work hand-in-hand, as one sector can help in job allocation for refugees while the other sector can manage the flow of asylum seekers.

Refugees Social Integration

To make a society and a community a social family, it is important to integrate refugee-migrants with the native-born individuals of that nation for the cultural mix-up. Moreover, the refugees must not feel isolated and the nation should have a good social image that empowers their diplomatic policy and strengthens their business tie-ups.

Integration of the refugees is a multi-dimensional aspect, referring to the integration of the economic, health, education and social contexts. Generally, there is a lack of understanding of the diversity and the range of experiences which they bring with them.

Professionals from the field of mental health were given the task, and assistance was also offered so that they focus on helping patients to meet their goals, as it is a wider multi-sectoral part of a collaboration with social workers, refugee organizations, housing, and employment agencies.

European Human Rights Law

European Convention on Human Rights provides an outlook for the European Union’s asylum laws. It was drafted while keeping several things in mind such as protection of human rights and providing equal rights to men and women, without any discrimination.

Furthermore, the convention contains 17 articles which grant protection to the individuals regarding the basic rights that a human must be given. Also, the convention plays a significant role in taking care of the violation of an individual’s right by any member state or courts of law.

How can the refugees be given aid and assistance?

Refugees must get all the basic health services that are required including the mental health services. They should be employed in various sectors if they are qualified enough for the work that is to be given. They should also be provided with education and should not be deprived of it. Also, they must be provided with facilities of uniting with their family members and there should be a fast process for it.

Refugees in Europe statistics 2018

The European Commission released the new statistics for the refugees who came to Europe and tried to settle there. The statistics for the year 2018 indicates that there were almost 134,000 refugees entering and migrating to Europe. There is a significant decrease in the number as compared to the previous year i.e. 2017. In the year 2017, there were nearly 180,000 migrants and refugees who came to Europe. According to the statistics, Spain had the highest number of refugees in the year 2018.

Source – UN Dispatch

Asylum Seekers in Europe

The illegal asylum seekers were sent back to their country of origin as per the rules and policy of the European Government. The government also estimated that thousands of people having no legitimate asylum claim were sent back to their country since then. The objective behind such a policy was to cut down the number of illegal migrants.

How India can help the Europeans?

Herbert Krauss, Ministry of Foreign Affairs, Austria, Head of the Department for the Common Foreign and Security Policy (EU) said that India is also an experienced country as there are many refugees of Bangladesh residing in the country. It knows very well how to deal with such migrants in order to avoid a crisis. Thus, Europe can take lessons from India to tackle the crisis and deal with migrants.

Labour Mobility Partnership Agreement

India is in discussion with Europe regarding the LMPA that is the Labour Mobility Partnership Agreement focussing on the need for legal channels for the system of migration. The agreement is mainly to enhance the migrating conditions of the refugees.

Conclusion

The article observed the background of the European refugee crisis and threw light on the economic challenges and opportunities faced by the European Union. The European Union states could have made it difficult for refugees to enter the EU by closing their borders but they did not do so as this might demoralize them. But at the same point, this is not a favourable option as this might increase the entry of illegal migrants. Thus, there is a need for a suitable platform for the refugees that could regulate them in a better way, provide them with opportunities and make the best out of them in a systematic and well-planned manner. This will result in making the refugees productive instead of being a burden on the country.

References

Alonso, S., and S.C.D. Fonseca. “Immigration, Left and Right” Party Politics 18.no.6, (May 17, 2011): 865-84.

Berber, Nicole, Marcel Lewandowsky, and Jasmin Siri. “The AfD and Its Sympathisers: Finally a Right-Wing Populist Movement in Germany?” German Politics 24, no.2 (Jan.2015):154-78

Budge, Ian and Denis Farlie. “ Party competition: Selective Emphasis or Direct Confrontation? An Alternative View with Data,” in Hans Daalder and Peter Mair, Western European Pary Systems, London: Sage, 1983.

Bostwick, W. “Development of Asylum Policy in Germany.” Journal of Refugee Studies 13, no.1(2000): 43-60

Burgess, Greg. Refugee in the Land of Liberty: France and Its Refugees, from the revolution to the End of Asylum, 1787-1939. Basingstoke: Palgrave Macmillan,2008.

Goldhammer, Arthur. “ Explaining the Rise of the Front national, Political Rhetoric or Cultural Insecurity ?” French Politics. Culture and Society 33, no.22 (Summer 2015):145-147.

Cooper, Harry. “European Fear Refugees Threaten Jobs, Increase Terrorism: Poll. “ The Politico. July 12, 2016.

Chang-Muy, F., & Congress, E. ( Eds.) (2015). Social work with immigrants and Refugees, Second Edition: Legal Issues, Clinical Skills, and Advocacy ( 2nd Ed). Springer, New York, NY.

Heerena, M. Wittmann, L., Ehlertc, U., 3, Schnydera, U., Maierd, T, Mullera, J.(2014). Psychopathology and resident status – comparing asylum seekers, refugees, illegal immigrants, labour Miele grants, and residents. Comprehensive Psychiatry, 55, 818-825.

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gocurrentcom · 4 years

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Law School Graduates Really Don’t Think Their Degree Is Worth The Money

According to a 2018 Gallup poll, what percentage of law-school graduates thought their education was worth the cost?

Hint: The poll asked the question of holders of many post graduate degrees — PhDs, MDs, MBAs, MSs, MAs were also surveyed — but law school grads rated the value of their degree the worst.

See the answer on the next page.

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jollycomputerkryptonite-blog · 7 years

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Mirakels .....mirakel us eigenlijk ezn gelukstreffer maar sommige mirakels hebben een duwtje nodig om tot een goed einde te komen maar dan moet je er ook aan werken en daar ook zin voor hebben er zijn van die mznsen die echt denken dat iemand anders hun werk zal doen wel ik heb al lateb zien dat ik een heel koppig kerel kan zijn tis my way en mss your way maar your way zal alleen maar zijn als het plan perfe t is of my heel goe aanstaat Maar s dat van saar was boel shit en ge wezg een tijd geleden moest ik naar de polle aw3l dat was de zelfde team en ik zou nu moeten luisteren naar zo mensen No way ....jij wou scheiden en ge hebt je ding gekregen spijtig maar wie van deze mensen op trumblr ga na een scheiding die na drie maand uiteen en klachten op zijn kop krijg nog ee relatie aangaan met zujn ex Vraag het maar Ge zijt mij kwijt omdat ge mij dumpte en omdat je wou scheiden dus nu moet ge nergens nog de grote jan uitgangen Tis u fout en niemand anders

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ghost-town-story · 9 months

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Okay y’all I wanna ramble about a bunch of baby wips I’ve been working on behind the scenes so! Poll time to decide how many of them imma ramble about!

Apocalypse survival is basically what it says on the tin lol. Science fantasy/kinda superhero adjacent story about the apocalypse

Magic School Shenanigans is a giant fantasy thing with much worldbuilding and very little plot lmao

Title Not Found is a fantasy romance about three people whose paths cross as they try to escape their fates

#writing #shitposting #polls make decisions for me

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lupbiy · 7 years

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全栈必备：网络编程基础

我们是幸运的，因为我们拥有网络。网络是一个神奇的东西，它改变了你和我的生活方式，改变了整个世界。然而，网络的无标度和小世界特性使得它又是复杂的，无所不在，无所不能，以致于我们无法区分甚至无法描述。

对于一个码农而言，了解网络的基础知识可能还是从了解定义开始，认识OSI的七层协议模型，深入Socket内部，进而熟练地进行网络编程。

关于网络

关于网络，在词典中的定义是这样的：

在电的系统中，由若干元件组成的用来使电信号按一定要求传输的电路或这种电路的部分，叫网络。

作为一名从事过TMN开发的通信专业毕业生，固执地认为网络是从通信系统中诞生的。通信是人与人之间通过某种媒介进行的信息交流与传递。传统的通信网络（即电话网络）是由传输、交换和终端三大部分组成，通信网络是指将各个孤立的设备进行物理连接，实现信息交换的链路，从而达到资源共享和通信的目的。通信网络可以从覆盖范围，拓扑结构，交换方式等诸多视角进行分类…… 满满的回忆，还是留在书架上吧。

网络的概念外延被不断的放大着，抽象的思维能力是人们创新乃至创造的根源。网络用来表示诸多对象及其相互联系，数学上的图，物理学上的模型,交通网络，人际网络，城市网络等等，总之，网络被总结成从同类问题中抽象出来用数学中的图论科学来表达并研究的一种模型。

很多伙伴认为，了解这些之后呢，然并卵。我们关心的只是计算机网络，算机网络是用通信线路和设备将分布在不同地点的多台计算机系统互相连接起来，按照网络协议，分享软硬件功能，最终实现资源共享的系统。特别的，我们谈到的网络只是互联网——Internet，或者移动互联网，需要的是写互连网应用程序。但是，一位工作了五六年的编程高手曾对我说，现在终于了解到基础知识有多重要，技术在不断演进，而相对不变的就是那些原理和编程模型了。

老码农深以为然，编程实践就是从具体到抽象，再到具体，循环往复，螺旋式上升的过程。了解前世今生，只是为了可能触摸到“势”。基础越扎实，建筑就会越有想象的空间。对于网络编程的基础，大概要从OSI的七层协议模型开始了。

七层模型

七层模型（OSI，Open System Interconnection参考模型），是参考是国际标准化组织制定的一个用于计算机或通信系统间互联的标准体系。它是一个七层抽象的模型，不仅包括一系列抽象的术语和概念，也包括具体的协议。经典的描述如下：

简述每一层的含义：

物理层（Physical Layer）：建立、维护、断开物理连接。

数据链路层 (Link)：逻辑连接、进行硬件地址寻址、差错校验等。

网络层 (Network)：进行逻辑寻址，实现不同网络之间的路径选择。

传输层 (Transport)：定义传输数据的协议端口号，及流控和差错校验。

会话层（Session Layer）：建立、管理、终止会话。

表示层（Presentation Layer）：数据的表示、安全、压缩。

应用层 (Application)：网络服务与最终用户的一个接口

每一层利用下一层提供的服务与对等层通信，每一层使用自己的协议。了解了这些，然并卵。但是，这一模型确实是绝大多数网络编程的基础，作为抽象类存在的，而TCP／IP协议栈只是这一模型的一个具体实现。

TCP/IP 协议模型

TCP/IP是Internet的基础，是一组协议的代名词，包括许多协议，组成了TCP/IP协议栈。TCP／IP 有四层模型和五层模型之说，区别在于数据链路层是否作为独立的一层存在。个人倾向于5层模型，这样2层和3层的交换设备更容易弄明白。当谈到网络的2层或3层交换机的时候，就知道指的是那些协议。

数据是如何传递呢？这就要了解网络层和传输层的协议，我们熟知的IP包结构是这样的： IP协议和IP地址是两个不同的概念，这里没有涉及IPV6的。不关注网络安全的话，对这些结构不必耳熟能详的。传输层使用这样的数据包进行传输，传输层又分为面向连接的可靠传输TCP和数据报UDP。TCP的包结构： TCP 连接建立的三次握手肯定是必知必会，在系统调优的时候，内核中关于网络的相关参数与这个图息息相关。UDP是一种无连接的传输层协议，提供的是简单不可靠的信息传输。协议结构相对简单，包括源和目标的端口号，长度以及校验和。基于TCP和UDP的数据封装及解析示例如下：

还是然并卵么？一个数据包的大小了解了，会发现什么？PayLoad到底是多少？在设计协议通信的时候，这些都为我们提供了粒度定义的依据。进一步，通过一个例子看看吧。

模型解读示例

FTP是一个比较好的例子。为了方便起见，假设两条计算机分别是A 和 B，将使用FTP 将A上的一个文件X传输到B上。

首先，计算机A和B之间要有物理层的连接，可以是有线比如同轴电缆或者双绞线通过RJ-45的电路接口连接，也可以是无线连接例如WIFI。先简化一下，考虑局域网，暂不讨论路由器和交换机以及WIFI热点。这些物理层的连接建立了比特流的原始传输通路。

接下来，数据链路层登场，建立两台计算机的数据链路。如果A和B所在的网络上同时连接着计算机C，D，E等等，A和B之间如何建立的数据链路呢？这一过程就是物理寻址，A要在众多的物理连接中找到B，依赖的是计算机的物理地址即MAC地址，对就是网卡上的MAC地址。以太网采用CSMA/CD方式来传输数据，数据在以太网的局域网中都是以广播方式传输的，整个局域网中的所有节点都会收到该帧，只有目标MAC地址与自己的MAC地址相同的帧才会被接收。A通过差错控制和接入控制找到了B的网卡，建立可靠的数据通路。

那IP地址呢？数据链路建立起来了，还需要IP地址么？我们FTP 命令中制定的是IP地址而不是MAC地址呀？IP地址是逻辑地址，包括网络地址和主机地址。如果A和B在不同的局域网中，中间有着多个路由器，A需要对B进行逻辑寻址才可以的。物理地址用于底层的硬件的通信，逻辑地址用于上层的协议间的通信。在以太网中：逻辑地址就是IP地址，物理地址就是MAC 地址。在使用中，两种地址是用一定的算法将他们两个联系起来的。所以，IP是用来在网络上选择路由的，在FTP的命令中，IP中的原地址就是A的IP地址，目标地址就是B的IP地址。这应该就是网络层，负责将分组数据从源端传输到目的端。

A向B传输一个文件时，如果文件中有部分数据丢失，就可能会造成在B上无法正常阅读或使用。所以需要一个可靠的连接，能够确保传输过程的完整性，这就是传输层的TCP协议，FTP就是建立在TCP之上的。TCP的三次握手确定了双方数据包的序号、最大接受数据的大小(window)以及MSS(Maximum Segment Size)。TCP利用IP完成寻址，TCP中的提供了端口号，FTP中目的端口号一般是21。传输层的端口号对应主机进程，指本地主机与远程主机正在进行的会话。

会话层用来建立、维护、管理应用程序之间的会话，主要功能是对话控制和同步，编程中所涉及的session是会话层的具体体现。表示层完成数据的解编码，加解密，压缩解压缩等，例如FTP中bin命令，代表了二进制传输，即所传输层数据的格式。 HTTP协议里body中的Json，XML等都可以认为是表示层。应用层就是具体应用的本身了，FTP中的PUT，GET等命令都是应用的具体功能特性。

简单地，物理层到电缆连接，数据链路层到网卡，网络层路由到主机，传输层到端口，会话层维持会话，表示层表达数据格式，应用层就是具体FTP中的各种命令功能了。

Socket

了解了7层模型就可以编程了么，拿起编程语言就可以耍了么？刚开始上手尝试还是可以的，如果要进一步，老码农觉得还是看看底层实现的好，因为一切归根到底都会归结为系统调用。到了操作系统层面如何看网络呢？Socket登场了。

在Linux世界，“一切皆文件”，操作系统把网络读写作为IO操作，就像读写文件那样，对外提供出来的编程接口就是Socket。所以，socket（套接字）是通信的基石，是支持TCP/IP协议网络通信的基本操作单元。socket实质上提供了进程通信的端点。进程通信之前，双方首先必须各自创建一个端点，否则是没有办法建立联系并相互通信的。一个完整的socket有一个本地唯一的socket号，这是由操作系统分配的。

从设计模式的角度看， Socket其实是一个外观模式，它把复杂的TCP/IP协议栈隐藏在Socket接口后面，对用户来说，一组简单的Socket接口就是全部。当应用程序创建一个socket时，操作系统就返回一个整数作为描述符（descriptor）来标识这个套接字。然后，应用程序以该描述符为传递参数，通过调用函数来完成某种操作（例如通过网络传送数据或接收输入的数据）。以TCP 为例，典型的Socket 使用如下：

在许多操作系统中，Socket描述符和其他I/O描述符是集成在一起的，操作系统把socket描述符实现为一个指针数组，这些指针指向内部数据结构。进一步看，操作系统为每个运行的进程维护一张单独的文件描述符表。当进程打开一个文件时，系统把一个指向此文件内部数据结构的指针写入文件描述符表，并把该表的索引值返回给调用者。

既然Socket和操作系统的IO操作相关，那么各操作系统IO实现上的差异会导致Socket编程上的些许不同。看看我Mac上的Socket.so 会发现和CentOS上的还是些不同的。

进程进行Socket操作时，也有着多种处理方式，如阻塞式IO，非阻塞式IO，多路复用(select/poll/epoll)，AIO等等。

多路复用往往在提升性能方面有着重要的作用。select系统调用的功能是对多个文件描述符进行监视，当有文件描述符的文件读写操作完成以及发生异常或者超时，该调用会返回这些文件描述符。select 需要遍历所有的文件描述符，就遍历操作而言，复杂度是 O(N)。

epoll相关系统调用是在Linux 2.5 后的某个版本开始引入的。该系统调用针对传统的select/poll不足，设计上作了很大的改动。select/poll 的缺点在于:

每次调用时要重复地从用户模式读入参数，并重复地扫描文件描述符。

每次在调用开始时，要把当前进程放入各个文件描述符的等待队列。在调用结束后，又把进程从各个等待队列中删除。

epoll 是把 select/poll 单个的操作拆分为 1 个 epoll_create，多个 epoll_ctrl和一个 wait。此外，操作系统内核针对 epoll 操作添加了一个文件系统，每一个或者多个要监视的文件描述符都有一个对应的inode 节点，主要信息保存在 eventpoll 结构中。而被监视的文件的重要信息则保存在 epitem 结构中，是一对多的关系。由于在执行 epoll_create 和 epoll_ctrl 时，已经把用户模式的信息保存到内核了，所以之后即便反复地调用 epoll_wait，也不会重复地拷贝参数，不会重复扫描文件描述符，也不反复地把当前进程放入/拿出等待队列。

所以，当前主流的Server侧Socket实现大都采用了epoll的方式，例如Nginx，在配置文件可以显式地看到 use epoll。

网络编程

了解了7层协��模型和操作系统层面的Socket实现，可以方便我们理解网络编程。

在系统架构的时候，有重要的一环就是拓扑架构，这里涉及了网络等基础设施，那么7层协议下四层就会有助于我们对业务系统网络结构的观察和判断。在系统设计的时候，往往采用面向接口的设计，而接口也往往是基于HTTP协议的Restful API。那接口的粒度就可以将data segment作为一个约束了，同时可以关注到移动互联网中的弱网环境。

不同的编程语言，有着不同的框架和库，真正的编写网络程序代码并不复杂，例如，用Erlang 中 gen_tcp 用于编写一个简单的Echo服务器：

Start_echo_server()-> {ok,Listen}= gen_tcp:listen(1234,[binary,{packet,4},{reuseaddr,true},{active,true}]), {ok,socket}=get_tcp:accept(Listen), gen_tcp:close(Listen), loop(Socket). loop(Socket) -> receive {tcp,Socket,Bin} -> io:format(“serverreceived binary = ~p~n”,[Bin]) Str= binary_to_term(Bin), io:format(“server (unpacked) ~p~n”,[Str]), Reply= lib_misc:string2value(Str), io:format(“serverreplying = ~p~n”,[Reply]), gen_tcp:send(Socket,term_to_binary(Reply)), loop(Socket); {tcp_closed,Socket} -> Io:format(“ServerSocket closed ~n”) end.

然而，写出漂亮的服务器程序仍然是一件非常吃功夫的事情，例如，个人非常喜欢的python Tornado 代码, 在ioloop.py 中有对多路复用的选择：

@classmethod def configurable_default(cls): if hasattr(select, "epoll"): from tornado.platform.epoll import EPollIOLoop return EPollIOLoop if hasattr(select, "kqueue"): # Python 2.6+ on BSD or Mac from tornado.platform.kqueue import KQueueIOLoop return KQueueIOLoop from tornado.platform.select import SelectIOLoop return SelectIOLoop

在HTTPServer.py 中同样继承了TCPServer，进而实现了HTTP协议，代码片段如下：

class HTTPServer(TCPServer, Configurable, httputil.HTTPServerConnectionDelegate): ... def initialize(self, request_callback, no_keep_alive=False, io_loop=None, xheaders=False, ssl_options=None, protocol=None, decompress_request=False, chunk_size=None, max_header_size=None, idle_connection_timeout=None, body_timeout=None, max_body_size=None, max_buffer_size=None): self.request_callback = request_callback self.no_keep_alive = no_keep_alive self.xheaders = xheaders self.protocol = protocol self.conn_params = HTTP1ConnectionParameters( decompress=decompress_request, chunk_size=chunk_size, max_header_size=max_header_size, header_timeout=idle_connection_timeout or 3600, max_body_size=max_body_size, body_timeout=body_timeout) TCPServer.__init__(self, io_loop=io_loop, ssl_options=ssl_options, max_buffer_size=max_buffer_size, read_chunk_size=chunk_size) self._connections = set() ...

或许，老码农说的都是错的，了解了所谓的网络基础，也不一定写出漂亮的代码，不了解所谓的网络基础，也不一定写不出漂亮的代码，全当他自言自语吧。

全栈必备：网络编程基础，首发于文章 - 伯乐在线。

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blogtechfuturemrfrworld · 3 years

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