The District Executive Committee and the Standing Committees

We continue the publication of materials on the coordination of the work of the standing committees between sessions of soviets (see nos. 2 and 7, 1976). This time the experience of an executive committee of a district soviet is examined.     

Committee Property Rights,Executive Dominance,and Political Parties in Latin American Legislatures

Motivated by theories of congressional committees in the US context, and building on the growing body of work focusing on the institutional features of legislatures in Latin American presidential systems, this paper explores two previously overlooked aspects of committee politics. Using comparative data from three Latin American countries, it examines the strategic and jurisdictional dynamics in which chamber leaders assign bills to committees and then investigate the factors affecting presidential and partisan success within committees. In general, the authors find that committees have strong property rights and that characteristics of both bills and bill initiators strongly influence the survival of legislation in committee. The results shed light on the effects of institutional design on the policy process in presidential systems.     

Intended Consequences: Jurisdictional Reform and Issue Control In the U.S. House of Representatives

The power of congressional committees rests in large part on their ability to set the legislative agenda in particular issue areas. But how do committees acquire their issue jurisdictions? Existing research points to informal committee turf wars— not collective reforms—as the roots of jurisdictional allocations (King 1994, 1997). Yet the House of Representatives has made nearly 150 formal changes to its committees' jurisdictions since 1973. We investigated the effects of one prominent instance of extensive jurisdictional changes, the Bolling‐Hansen reforms of 1975, and found that this body of reforms advanced collective goals of improved policy coordination and enhanced information sharing.     

Legislative Efficiency and Political Inclusiveness: The Effect of Procedures on Interest Group Mobilization in the European Parliament

This paper contributes to discussions surrounding interest group representation in the European Parliament. Drawing from conceptualizations of legitimacy, and theoretical work on information-access we argue that different procedures bestow a different type of authority to parliamentary committees affecting their legitimacy orientation, in turn impacting the balance between private and public interests mobilised. We assess a population of 10,000 accredited lobbyists, and the procedural output across the 7th legislature’s committees (2009–2014). Our analysis indicates that committees with a higher ratio of Ordinary Legislative Procedures to Own Initiative Reports see greater private interest mobilisation. Conversely, in committees where the procedures’ ratios are inverse we observe greater public interest mobilisation. Theoretically, we provide a novel approach for framing the committee’s nature from a procedural perspective, bridging discussions on interest group mobilisation and the democratic deficit. Empirically, the results overturn the premise of business dominance across the institution’s committees through a unique dataset.     

Post-legislative scrutiny in the UK Parliament: adding value

ABSTRACT

Legislatures appoint committees for different purposes. Both Houses of the UK Parliament separate legislative committees from non-legislative, or select, committees. Each is unusual in that it utilises select committees to engage in post-legislative scrutiny. We examine why each engages in this type of scrutiny, given competing demands for limited resources. Distributive and informational theories are utilised to explain the difference between the two chambers, identifying why the form of asymmetrical bicameralism to be found in the United Kingdom facilitates scrutiny that would otherwise not be undertaken. The genesis and impact of post-legislative scrutiny committees are considered, with a focus on the House of Lords and why the use of such committees plays to the strengths of the House.     

Low-cost policy specialisation,district characteristics and gender. Patterns of committee assignment in Romania

ABSTRACT

Committee assignment can influence the efficiency of legislative work, the success of parties in reaching their policy goals and even the electoral fates of individual legislators. Nevertheless, little is known about this process in the legislatures established in the Central and Eastern European democracies. These legislatures faced severe informational, electoral and partisan challenges which raised the stakes of efficient committee-seat allocation. Simultaneously, most parliaments in the region were endowed with strong committees. The Romanian Parliament is representative for this combination of conditions. Drawing on a dataset that covers the careers, sector knowledge, partisan and electoral attributes of all the members serving in five terms of the Chamber of Deputies the article shows that committee assignment is used to facilitate low-cost policy specialisation, district characteristics matter for gaining seats in committees with distributive potentials, while female legislators are confined to committees dealing with feminised policy areas.     

Credible Commitment in Non-Independent Regulatory Agencies: A Comparative Analysis of the European Agencies for Pharmaceuticals and Foodstuffs

Abstract: The creation of more and more supranational regulatory agencies has been one of the most significant institutional developments in the European Union during the last decade. Usually, these agencies evolve from EU committees and take over most of their structures. Accordingly, like most EU committees and the Commission, regulatory agencies are not independent, but act under the control of the member states. The question is, how far do they indicate a credible commitment of the Member States to long-term policy goals like health and consumer protection. This article compares the institutional structures and decision-making rules of the European Agency for the Evaluation of Medicinal Products and of the newly established European Food Safety Authority, in order to clarify the extent of credible commitment that the Member States show through the setting-up of these agencies. It concludes that the commitment of the Member States in the foodstuff sector is not as deep as in the pharmaceutical sector, and that the creation of the European Food Safety Authority will not lead to a success story similar to that of the European Agency for the Evaluation of Medicinal Products.     

Application of the Essential Facilities Doctrine to Liquefied Natural Gas Regasification Terminals: An Analysis through a Chilean Case

This article analyzes relevant issues that shall be considered in a claim requiring the application of the essential facilities doctrine of antitrust law to a liquefied natural gas regasification terminal, through the analysis of a Chilean case. For this purpose, the research draws some significant lessons from the judgments of U.S. courts—which initially developed such theory—and identifies the conditions that have to be met according to the Chilean Competition Tribunal for the application of the essential facilities doctrine.     

A Multidisciplinary Perspective on the Role,Functions, and Effectiveness of Parenting Coordination

Based on a survey conducted in 2018 in collaboration with the Association of Family and Conciliation Courts’ (AFCC) Task Force on Parenting Coordination, this paper explores issues related to the process and perceived outcomes of parenting coordination for families post separation and divorce. The views expressed emerge from a diverse and multidisciplinary sample (n = 289) from legal, mental health, and conflict resolution backgrounds. Almost half of all participants (46%) were mental health professionals (psychologist, psychiatrist, social worker), followed by attorneys (28%), family mediators (17%) and judges (5%). Over half of all participants identified as a parenting coordinator (PC) (53%). Based on the results, participants had the highest level of agreement that the goal of parenting coordination should be to assist in sheltering the children from parental conflict and to help the coparents reduce interparental conflict. Participants assigned greater success to parenting coordination when there was demonstration that coparenting conflict decreased. Several differences were noted among professional disciplines and specifically between legal and mental health professionals. Mental health professionals rated higher on the effectiveness of PCs to help children adjust and limit their involvement in the parental conflict, while legal professionals focused on PCs’ ability to help families resolve legal disputes. The implications of the results are discussed, including how best to measure the success of parenting coordination and to prioritize outcomes related to the success of parenting coordination across disciplines to create greater consistency in the field.     

Vehicles of opposition influence or agents of the governing majority? Legislative committees and private members’ bills in the Hungarian Országgyűlés and the Israeli Knesset

ABSTRACT

In this article, we assess the role and the strength of the legislative committee system of two legislatures: the Hungarian Országgy?lés and the Israeli Knesset, by looking at the fate of private member bills over the past four legislative cycles (1998–2014 in Hungary and 2006–2019 in Israel). We find that Israeli committees allow opposition PMBs to succeed at a significantly higher rate than Hungarian committees do, even though the formal properties of the two committee systems are very similar: during the examined period, more than one-fifth of the laws that were passed by the Knesset were initiated as opposition sponsored PMB, whereas the corresponding number in the Országgy?lés was only one per cent. The central reason for this unexpected divergence in the success rate of opposition sponsored PMBs, in spite of a favourable institutional setting shared by the committee systems of the two parliaments, may lie in the different degrees of party concentration in the two legislative party systems.     

Clinical ethics committees, due process and the right to a fair hearing

The development of clinical ethics committees in the United Kingdom raises a number of important questions about the extent to which they are compatible with the normative values of due process. If committees are to be active in delivering ethics services, it is argued that attention to due process is important. Based on research outcomes, it seems that the chairs of the United Kingdom clinical ethics committees who responded are reasonably satisfied about the ability of their committees to make ethical decisions and slightly less confident about their ability to make legal decisions. If these committees are to make potentially far-reaching decisions (whether or not involving live consultations), it is argued here that they must pay attention to the rules associated with the legal concept of due process. Equally, evaluation of the clinical ethics committee's counterpart in the United States suggests that they may become increasingly authoritative, especially as their role becomes entrenched. This makes attention to due process even more important. However, it is also proposed that, when committees become concerned about due process, their ability to "do ethics" is constrained.     

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.     

Informative Committees and Legislative Performance in the American States

The information theory of legislative organization suggests that legislative committees are designed to provide their parent chamber with necessary information to legislate. Despite empirical evidence for various aspects of the theory, we have limited knowledge of committees’ influence on legislative outputs. I argue that informative committees are more than information providers, that they also substantively impact legislative outcomes. With supportive evidence from the US state legislatures, this article shows that the presence of an informative committee system not only lowers the number of bills introduced to the legislature but also enhances the chamber's efficiency in transforming legislative proposals into laws.     

Engaging the demand dynamic: promoting internal forces for reform through targeted legislative strengthening support

Institutional reform or development happens when those within the organisation want that development and are willing to commit the time, effort and necessary resources under their control to support it. This may be referred to as the will for development. Over the years, a general strategy for legislative development has emerged in which the will for development is enlisted in one or more of three ways: mapping, incentivising, and creating demand. These efforts focus on identifying the will for development independent of the legislative strengthening project itself. This paper will explore how success in supporting the budget process by the United States Agency for International Development-funded Afghanistan Parliamentary Assistance Programme enhanced and/or created the will for further development within that legislature. The paper will demonstrate how budget process support can be used to engage a broader constituency of committees and civil society organisations, creating a self-sustaining reform dynamic to be referred to as the demand dynamic.     

The Rise of Committees

Committees are of increasing importance in the process of EC policy-making, particularly in regulatory fields which touch upon politically sensitive issues. This article discusses the problems which have arisen due to the unforeseen emergence of committees within the institutional framework of the Community. It examines the main institutional conflicts in relation to committees and argues that parliamentary disdain for Comitology notwithstanding, the use of committees in the area of social regulation may be explained through a 'Member State-oriented' understanding of the institutional balance of powers. Committees may thus not only contribute to more effective decision-making, but may also secure a degree of subsidiarity. The increasing reliance on committees, however, might nonetheless be argued to detract from the general legitimacy of Community decision-making, especially since committees remain creatures of pragmatism. This article accordingly argues that the lack of transparency within committees, and the absence of general procedural rules upon the activities and composition of committees, should now be compensated for through the evolution of formal and generalisable procedural rules.     

Party Effects in State Legislative Committees

Legislative scholars have theorized about the role of committees and whether they are, or are not, tools of the majority party. We look to the states to gain more empirical leverage on this question, using a regression discontinuity approach and novel data from all state committees between 1996 and 2014. We estimate that majority‐party status produces an 8.5 percentage point bonus in committee seats and a substantial ideological shift in the direction of the majority party. Additionally, we leverage a surprisingly frequent, but as if random occurrence in state legislatures—tied chambers—to identify majority‐party effects, finding similar support for partisan committees. We also examine whether the extent of committee partisanship is conditional on party polarization or legislative professionalism, but we find that it is not. Our results demonstrate that parties create nonrepresentative committees across legislatures to pursue their outlying policy preferences.     

宪法解释案例实证问题研究

全国人大常委会法工委有关扩大宪法效力、公民选举权的行使、裁决立法冲突等宪法解释案例，尽管不是宪法规定的宪法解释，但其作用与正式的宪法解释并无实质性的差异，弥补了正式宪法解释缺位之不足而构成中国宪法解释的惯例。宪法上的宪法解释与现实中的宪法解释之间的距离，有助于认识和理解中国宪法之外的宪法解释机关对宪法进行解释的实际情况，以及宪法实施过程的特点。     

Partisan Stacking on Legislative Committees

One aspect of the partisan model for legislative committee development that is rarely studied is the degree to which the majority party seeks to control legislative committees—and, thereby, chamber decisions—via numerically “overproportional” majority party representation on standing committees. This form of “party stacking” is often mentioned in the literature but has received little systematic examination and hypothesis testing. Using data from state legislative committees for all 49 partisan legislatures in the 2003–04 and 2005–06 sessions, we found support for the partisan model: majority party stacking is associated with a slim majority party advantage in a state legislative chamber.     

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.     

Leadership PAC Contribution Strategies and House Member Ambitions

Leadership political action committees (PACs) are committees headed by federal politicians but separate from the politicians' personal campaign committees. Like other PACs, leadership PACs receive donations from individuals and groups, then make contributions to the political candidates that they support. Previous research indicates that member contribution strategies reflect both party‐based and personal goals. Using a range of data from before and after the 1994 “Republican Revolution,” this study fills a void in the existent research by testing whether or not House members with leadership PACs switch contribution strategies once their party status changes. My analysis reveals that a shift in party status tends to produce a subsequent shift in contribution strategy. My findings also suggest that members, while acting within a party‐based framework, may target their contributions in ways that also reflect their personal goals.