From a ‘peasant parliament’ to a ‘professional parliament'? Change in the Icelandic Althingi

The present article seeks to describe and analyse parliamentary change in the Icelandic Althingi, probably one of the least known of the west European legislatures. The first question asked is ‘Has there been a professionalisation of the Icelandic parliament?’ and, secondly, ‘Has there been a professionalisation of Icelandic legislators?’ The article is in three sections. The first gives a very brief overview of the main institutional features of the Althingi before 1991. The second focuses on changes in the legislative capacity of the Althingi, whilst the third explores possible changes in the legislative culture of the assembly. The study draws on three sources: official statistical material and other parliamentary documentation; discussions with senior parliamentary staff; and hour‐long interviews with three veteran Atlhingi members boasting a total of 80 years parliamentary experience between them.     

Parliaments as changing institutions and as agents of regime change: Evolving perspectives and a new research framework

In this review, the scholarly literature dealing with the role and dynamics of parliaments as institutions that undergo change within themselves and that support and enhance change in the larger regime is considered. One central theory of scholarship dealing with parliamentary change, that of legislative institutionalisation, is examined and found wanting as an explanation of change in mature parliamentary institutions. In discussion of analyses of five instances of parliamentary change, it is shown that parliaments can change in a wide variety of contexts and conditions ‐ including such well‐established legislatures as the United States Congress after over 200 years of evolution. There is no ‘end of history’ in parliamentary change, only the possibility of sometimes startling change from what has gone before. The examination of five instances of parliamentary change also supports the thesis that parliamentary institutional change, and regime change enhanced by parliamentary change, are inexorably linked. Finally, a tentative research framework is evolved from the above analyses and proposed as a means for considering the role of parliaments as changing institutions and as institutions enhancing systemic change.     

Disentangling legislative duration in coalitional presidential systems

ABSTRACT

The speed and actions that bills face in legislatures vary immensely, but we do not have a comprehensive framework to analyse legislative durations. Moreover, the absence of data detailing legislative activities and durations in distinct stages of legislative processes hinders analysis. This article presents a framework for analysing legislative delay in coalitional presidential systems and examines unique data on durations, attributes, and parliamentary activities in legislative processes at the level of individual proposals. The empirical analysis investigates executive proposals considered by the Brazilian Congress and seeks to disentangle when duration means legislative activism, when it is due to political conflict, and when it only represents inertia. Our analysis indicates substantial activities in both content-influencing legislative activism and politically motivated obstructionism. Hence, political conflict is as important a source as policy disagreement in accounting for legislative delay. By examining a hitherto untapped area with rich data, this study opens up new venues for rigorous analyses of legislative durations and gridlock.     

The wild mammals (protection) bill: A parliamentary white elephant?

Examining one unsuccessful private members’ bill (PMB) ‐ Kevin McNamara's Wild Mammals (Protection) Bill which would have prohibited hunting ‐ this case study examines many of the non‐legislative functions of the British Parliament. Even unsuccessful PMBs ‐ and this was a PMB whose failure was preordained ‐ have many consequences for both parliament and the wider political system of which it is an integral part. PMBs can perform an important ‘exit’ function, taking the decision away from a reluctant executive. They can help to set the agenda of political debate, generating publicity for parliament (as a body), the issue itself and the member promoting the bill. They generate correspondence between represented and representatives, helping to inform and educate. They can be used as a party‐political weapon and may have electoral consequences. They may also affect the legitimacy of the political system. PMBs are far from parliamentary white elephants.     

Legislating for Wales ‐ local government (Wales) act 1994

This article addresses the means of creating legislation with specific application to Wales and examines the constitutional conventions, parliamentary procedures and political processes involved. The article employs as a case study The Local Government (Wales) Act 1994. Although there are parliamentary procedures available which would allow Welsh interests a privileged role in Welsh affairs, it is found that the national interests of the political parties ensure that government ministers and the majority party in the House of Commons ultimately retain control over Welsh affairs. Nevertheless it is found that there are active policy communities with specific concerns in Welsh affairs who are prominent actors and who do give the legislative process concerning Wales distinctively Welsh characteristics.     

To have a voice in the matter: A comparative study of the Swedish and Danish European committees

This article deals with the issue of how the national parliaments might be strengthened in order to decrease the democratic deficit within the EU. It examines the parliamentary European committees in the Danish and Swedish Parliaments and concludes that their potential to influence and control their respective governments’ EU policies mainly depends on the Government's parliamentary base and opportunities for legislative influence open to parliamentary oppositions. Moreover, it examines various organisational aspects of the European committees, including distribution of tasks and internal co‐ordination within the Parliament, at what stage in the decision‐making process the European Committee and the Parliament are involved and information management. With some conspicuous exceptions, Denmark and Sweden have chosen the same organisational arrangements for dealing with EU affairs both in the Parliament as a whole and, specifically, in the European committees. The principal conclusion is that the European committees in Sweden and Denmark are effective means for giving the national parliaments a voice in EU matters, but the article also addresses some reforms to strengthen their positions.     

Regional parliaments questioning EU affairs

ABSTRACT

Since the Treaty of Lisbon, the desire of parliaments to adapt to their new powers has led to a new wave of Europeanisation. However, the early warning system (EWS) and the political dialogue with the Commission constitute only a small part of parliamentary scrutiny for regional parliaments, which still largely rely on traditional tools such as mandates, debates and questions. Therefore, this paper studies a traditional mechanism of scrutiny, parliamentary questions, in order to understand how they can be used in an EU context. The study shows that Europeanisation is progressing slowly. Interestingly, the vast majority of MPs who ask EU-related questions are not members of the European Affairs Committee. In addition, questions focus primarily on the implementation stage rather than the policy-making stage. Finally, the content of parliamentary questions shows that regional parliaments have a distinctive territorial approach to EU affairs.     

Mandating – a likely scrutiny instrument for regional parliaments in EU affairs?

ABSTRACT

Scrutinising governments lies at the heart of parliamentary activities in EU affairs. This applies to national as well as to regional parliaments, most of which possess a toolbox of scrutiny instruments, including the power to mandate, allowing for the strongest form of scrutiny vis-à-vis governments. The article investigates the existence of mandating tools in the 70 regional parliaments equipped with legislative competences in Austria, Belgium, Germany, Italy, Spain and the UK, whose role in EU affairs has been strengthened by stipulations in the Lisbon Treaty. It is argued that mandating tools are, first, not widely used; second, they are more commonly applied in cases where national parliaments act as ‘policy shapers’ – enabling policy transfer – and if meso-level factors involving territorial politics create further incentives. In sum, the regional parliaments in six member states are still trying to find a place in the maturing EU multi-level parliamentary system.     

The Portuguese Parliament and Public Opinion: A Case for Reform?

During the past decade, the Portuguese political system has been under close scrutiny. As in other Western democracies, the topic of citizens' dissatisfaction with democratic institutions has been at the centre of a wide debate amongst public opinion and politicians. This debate has focused on parliament and parliamentary reform has often been seen as a way of enhancing parliament's image. However, as this note will show, there is no clear evidence that the Portuguese are dissatisfied with this institution. Indeed, this is still an under-researched area. Why is there an assumption that the Portuguese parliament has a negative image? And why should this have consequences for parliamentary reform? In the context of the creation of a Portuguese Election Study, this note aims to raise questions for future research on this topic. The note will look into the concept of legislative support, assess the evidence available on the Portuguese parliament's popularity and suggest indicators that would help to clarify the Portuguese views on this. It will also explore the connection between legislative support and the role of parliament, to enquire whether popularity indicators can make a case for parliamentary reform.     

Protesters,Parliamentarians, Policymakers: The Experiences of Australian Green MPs

This article details the distinctive style and political commitments that Green members of parliament (MPs) bring to representative democracy in Australia. Based on in-depth interviews with 16 sitting federal and state Green MPs, it examines the extent to which the political culture, grassroots organisation and values of this left-libertarian party influence the parliamentary role orientations and legislative behaviour of its MPs, and how this fits with existing research on parliamentary representatives. The analysis reveals mixed results: while the legislative priorities and representative focus of MPs appear to be influenced more by previous social movement and parliamentary experience rather than overarching party orientations, the party's culture has had a strong impact on MPs' views regarding issues of conscience and their style of representation. Drawing on the comparative experience of Green parties throughout Western Europe, this article utilises the prism of role orientations to assess the conflicting imperatives Australian Green MPs face in staying true to their movement origins while their party becomes increasingly professional and influential in the parliamentary arena.     

‘The beneficent and legal godfather’: a history of the guardianship of unaccompanied immigrant and refugee children in Australia, 1946–1975

Abstract

In Australia in 1946, the Immigration (Guardianship of Children) Act was passed. This Act was intended to support the postwar migration to Australia of British children, unaccompanied by their parents, and provided them a guardian in Australia: the Immigration Minister. This key provision of the Act continues into the present, covering all unaccompanied child migrants, including refugees. Starting with the parliamentary debates which occurred at the formation of the Act in 1946, this article traces a history of the Act until its first High Court challenge in 1975. In doing so, a focus is placed on a series of key questions raised by its production of categories: How does the Act construct ideas of migranthood? What do the discussions it has provoked have to say about notions of parenthood and the ideal family? And, finally, what concepts of the child have been produced through this legislative and legal history? Through an examination of archival materials, parliamentary debates, court records, and newspaper coverage, this article explores the discursive productions of the Act, following the understanding that ideas of the family, of parenthood, of guardianship, of migrant status, and of the child are not natural, but instead are historically created and produced, here through racialized techniques of governmentality.     

Is the Japanese diet consensual?

The institutional design of the Japanese Diet is commonly believed to necessitate interparty accommodation and to make the legislative process more ‘viscous’ than it appears. This common belief about the Diet is challenged by examining the Constitution, the Diet Law, the House Rules, and parliamentary practices with special attention to agenda setting procedures. It is argued that the ‘unanimity norm’ is less binding than commonly recognised. By applying the criteria proposed by Döring, this paper compares the Diet with western European parliaments, and shows that it ranks relatively high in terms of the ruling majority's ability to control the legislative agenda. Although the post‐war Diet is modelled on the legislative process in the US Congress, it is critically important to keep in mind that the constitutional principle of the Diet follows the fusion of power in the British parliament. The picture that emerges from the analysis is in strong contrast to the traditional image of the Japanese Diet and sheds new light on the majoritarian foundation of the Diet.     

Integrating the view of the public into the formal legislative process: public reading stage in the UK House of Commons

Recent years have seen increasing calls to integrate the public's voice into the parliamentary process. This article examines the impact of public reading stage (PRS) on the UK Parliament's scrutiny of a bill. A new stage of the legislative process piloted by the House of Commons in February 2013, PRS invited the public to comment on a bill undergoing parliamentary scrutiny (the Children and Families Bill). The PRS was designed to encourage members of the public to participate in the scrutiny of legislation through a specially designed forum on parliament's website. Over 1000 comments were submitted. Drawing on a content analysis of the comments given by the public to the bill, complemented by interviews with members of parliament, key officials and PRS participants, it was found that although the public reading stage had an impressive response, it failed to make much of a tangible impact on the parliamentary scrutiny of the bill. This was largely due to the choice of bill being used for the pilot and its lack of appropriate integration into the formal legislative process.     

Polls as Public–Politic Linkage: A Comparative Analysis of Poll Use and Roles of MPs in Parliamentary Debate

Opinion polls as a linkage mechanism between the public and politics have rarely been examined in a parliamentary context. In our comparative study (Germany, New Zealand, Switzerland and the United Kingdom) we analyse if and how polls are invoked by MPs with different roles in parliamentary debates. Focusing on three theoretical aspects (responsiveness, populism and deliberation), we find that polls are indeed invoked to bring the views of the public into parliamentary debate to some degree, but they are also often used merely to support policies already developed in the political realm. Fears of the populist effect of polls are exaggerated; polls, in fact, have a positive influence on the discursive quality of parliament. Looking at parliamentary roles, we find very different patterns of poll use: while MPs oriented towards their constituencies use polls in the most direct and participatory vein, others mediate public opinion as displayed by polls through different institutions (the party, the parliament) or through expertise.     

From House to Home: Strategic Bill Drafting in Multilevel Systems with Non-static Ambition

How do legislators behave in systems where pursuit of re-election is not the rule, and ambition is channelled through multiple levels of government? Is their legislative behaviour biased towards their immediate career goals? In this paper, the Argentine case is analysed in order to explore the link between political ambition and legislative performance in a multilevel setting where politicians have subnational executive positions as priorities, rather than stable legislative careerism. The piece demonstrates that legislators seeking mayoral positions tend to submit more district-level legislation than their peers. This finding contributes to the knowledge of strategic behaviour in multilevel settings, and provides non-US-based evidence regarding the use of non-roll call position-taking devices.     

Multilingual Sentiment Analysis: A New Approach to Measuring Conflict in Legislative Speeches

Comparative scholars of legislative politics continue to face the challenge of measuring a key theoretical concept: conflict at the level of legislative bills. We address this challenge with a multilingual sentiment‐based approach and show that such a measure can effectively capture different types of parliamentary conflict. We also demonstrate that an automated translation of the dictionary yields valid results and therefore greatly facilitates comparative work on legislatures. Our applications show that a sentiment approach recovers government‐opposition dynamics in various settings. The use of a simple, translatable sentiment dictionary opens up the possibility of studying legislative conflict in bill debates across languages and countries.     

Constructing a New Scottish parliament for the ‘Europe of regions’: Can institutional engineering assure subsidiarity?

The creation of an elected parliament in Scotland raises questions for legislative scholars, among them how a parliamentary body representing a stateless nation within a member state of the European Union can influence and implement European legislation. One version of the ‘principle of subsidiarity’ states that decisions are taken as closely as possible to the citizen, encouraging assemblies throughout the EU to articulate and implement their own preferences in key policy areas. Reporting findings from a survey of the Scottish parliament's first cohort of legislators, this article identifies conflicting perceptions of subsidiarity, charts how best to pursue it, and evaluates the institutional norms, rules and procedures put in place to help secure it. Data demonstrate that preferences vary by level of MSP knowledge about European policy, by party membership and by method of election. Low levels of legislator knowledge combined with internal divisiveness constitute barriers to institutional strength in the pursuit of subsidiarity.     

Legislative Bellwethers: The Role of Committee Membership in Parliamentary Debate

Political parties and legislators use legislative debates to establish their reputation, challenge rivals, and engage in coalition management, among many other tasks. Yet, existing theories on parliamentary debates have abstracted away from the need for information and expertise, which are costly to acquire. Drawing on the “informational” perspective on legislative organization, we address this problem by arguing that party leaders use committees as training arenas for their backbenchers. They task their assigned members with acquiring specific expertise and then rely heavily on those members during the corresponding debates. We turn to the Portuguese legislature, from 2000 to 2015, to discuss how saliency, government dynamics, and party size affect the use of experts. We test this theory using a novel approach to classify speeches that leverages the texts of legislation as training data for a supervised approach.     

Lord Cooke of Thorndon (1926–2006): 51 Years in the Law

This article provides an in‐depth analysis of the landmark ‘cash for query’ judgment of the Constitutional Bench of the Supreme Court of India. The scope of parliamentary privileges in India, as well as in England and America, is examined, particularly with respect to the jurisdiction of the courts. The present position in the law of parliamentary privileges in India was laid down in the case of Raja Ram Pal v The Hon’ble Speaker, Lok Sabha, &; Ors. The Supreme Court of India has extensively dwelled on the matter and has delivered a judgment, which is by far the most comprehensive decision in this field of law. The author notes in the analysis that the difference between the English and Indian constitutional systems is of crucial significance. The conflicts between the judiciary and parliament in England arose because of the sovereignty of parliament, and the judiciary had to fight for every inch of its jurisdiction in England. The judiciary had to contend with Parliament not only as a legislative body, but also by virtue of being the ‘High Court of Parliament’, as a superior court. Because of these reasons, the case law from British constitutional history does not have strict applicability in India. The decision of the Supreme Court of India in Raja Ram Pal v The Hon’ble Speaker, Lok Sabha, &; Ors, is a clear expression of a very basic feature of the Indian constitutional mechanism: where the Constitution is the supreme law of the land, and all governmental organs, which owe their origin to the Constitution and derive their powers from its provisions, must function within its framework.     

Improving the Relevance of Parliamentary Institutions: An Examination of Legislative Pre-budget Consultations in British Columbia

This study examines the influence of the Select Standing Committee on Finance and Government Services in the budgetary process in the Canadian province of British Columbia. The mandate of this committee is to conduct pre-budget consultations every year to seek the opinion of the population on the content of the next provincial budget. Many have recommended increasing use of legislative committees to bring back relevance to parliamentary institutions in Canada. It is believed that legislative committees provide an environment that is less conducive to partisan confrontations and can help in building the policy expertise of parliamentarians. Using interviews with committee members and a survey among participants in pre-budget consultations, this was found to be the case. The main finding points to the potential of legislative committees in performing a representative function because they can put forward the views of the public as part of the budgetary process.