Public critic or secretive monitor: party objectives and legislative oversight of the military in Canada

Abstract

This paper analyses how democratic legislatures oversee the military, using Canada as a case. The paper argues that the tendency to engage in intrusive oversight versus reactive oversight is shaped by institutional structures and party preferences. Canadian institutional structures discourage parliamentary defence committees from engaging in intrusive oversight of the armed forces to achieve policy influence, and encourage opposition parties to focus on reactive oversight efforts that complement their vote-seeking preferences. Vote-seeking, the paper argues, incentivises opposition parties to be public critics of the government’s handling of military affairs, rather than informed but secretive monitors of the armed forces. The paper then addresses a key case where the opposition was able to use an exceptional constitutional power of the House of Commons to force the executive to disclose classified information regarding the military: detainee transfers by the Canadian Armed Forces in Afghanistan. This case highlights the trade-offs that parliamentarians face when they demand information to perform more intrusive oversight of the armed forces. This suggests that party preferences are a significant, yet understudied, aspect of how legislatures vary in their oversight of the military.     

Westminster in small states: comparing the Caribbean and pacific experience

Small states, and those in the Caribbean and Pacific regions in particular, are among the most stubbornly and disproportionally democratic countries in the world. And yet, they are rarely studied comparatively, despite sharing seemingly obvious similarities – aside from being small island states with developing economies they also tend to share a British colonial heritage and Westminster-inspired political institutions. This omission is all the more puzzling if we consider that the group does not conform to the standard battery of explanations developed by democratization theorists. To pave the way for further research across these two regions, this article provides a synoptic comparison of the process of democratization in Caribbean and Pacific small states. We highlight important similarities and differences that stem from the interaction between formal institutions and informal practices. We conclude by reiterating the benefits for scholars of democratization by looking at these significant yet hitherto rarely compared cases.     

Introduction: two spaces of subsidiarity?

ABSTRACT

Scholarship on subsidiarity conducted since the nineteenth century has developed two strands of interpretation suggesting competing models of social organisation as far as the potential location of decision-making power is concerned. While this intellectual effort has mainly concentrated on political experiences in continental Europe, and gained further traction with the principle’s recognition in European Union law, the institutional architecture of Commonwealth countries has experienced relative neglect. This collection, however, examines the debates around competing ordering principles with evidence coming from operational problems of Westminster style democracies in four world regions, and considers how a multi-disciplinary perspective can guide comparative analysis.     

Elite patronage over party democracy – high politics in Sri Lanka following independence

When Sri Lanka became independent in February 1948 it lacked a well-established party system and instead relied upon patronage and elite social relationships. Though it had a long pre-independence history of constitutional development and evolving democracy, party politics was not deep-rooted and political power continued to be wielded by an elite that had an almost feudal relationship with the masses. The convention based Westminster model Sri Lanka adopted engendered a local system that relied more on relationships than rules. Political parties and institutions were often unable to check and balance the Executive's conduct of power. Sri Lanka's elite operated British institutions in an anachronistic eighteenth-century manner such as in having a patronage-based Cabinet dominated by its prime ministerial leader/patron rather than by collegial attitudes or values. The weakness of party institutionalisation and the ambiguity in the constitutional arrangements laid the foundations for future political conflict and marginalisation of segments of society. The continuity of affairs of state from the colonial era and the known and reassuring leadership of D.S. Senanayake and his ‘Uncle-Nephew Party’ masked the democratic tensions and institutional fragility within the Sri Lankan state that would come to the fore violently only years after what was then seen as a model transfer of power.     

Climate Policy,Energy Resources and Subnational Policy-Making: Comparative Policy Study of Hawaii and Victoria

Abstract

This paper considers key drivers to climate policy development with an emphasis on the role of a jurisdiction’s underlying energy resource. The states of Hawaii in the United States and Victoria in Australia provide an insightful comparative case study given their differing energy resources: Hawaii has no native fossil fuel resources but abundant renewable energy options while Victoria has an economy traditionally reliant on cheap, plentiful coal. The Advocacy Coalition Framework is applied to analyze why the two states, despite the different incentives provided by their energy resources, developed similar climate policies in the earlier period of policy response to global warming. Analysis finds the stable parameter of energy resources is counterbalanced by other policy drivers including public opinion, leadership and, in particular, features of policy-making particular to the subnational level that provide a different context for climate policy development to that offered at the national level.     

The Strange Death of Blasphemy

Recent years have witnessed a considerable growth in legislation and litigation concerning religion. This article examines the implications of the latest change, namely the abolition of the offences of blasphemy and blasphemous libel by section 79 of the Criminal Justice and Immigration Act 2008. First, the article provides the context by examining what has been lost, analysing the ambit of the offence, focussing on litigation in the twentieth century both in domestic courts and at the European Court of Human Rights. Second, the article seeks to explore why blasphemy has been abolished now, scrutinizing five developments that led to the abolition. The article concludes by examining the extent to which the criminal law continues to protect religious beliefs and believers, contending that while the body of the blasphemy laws is dead, its soul lives on in a plethora of other criminal laws and, more problematically, in non‐legal means of control.     

The Purpose of Electoral Reform for Westminster

Britain is facing a referendum on electoral reform for Westminster in 2011, yet there is little debate over the goals of such a change. Arguably, the purposes of political representation should determine the choice of a new system. Thus, ten modernising goals that go further than merely giving more seats to the Liberal Democrats are proposed. In a society made up of women and men, both need balanced representation. In an educated society, citizens need to be kept abreast of their MPs' performance as legislators so they can engage with parliamentary affairs. In an increasingly diverse society, the electoral system needs to improve who gets to be represented by whom, by providing citizens with more than one representative per district. The proposed Alternative Vote would provide few advantages and additional drawbacks, but could stimulate consensus around a modern system in tune with Westminster traditions.     

Microstate Democracy: Majority or Consensus; Diffusion or Problem-Solving?

While several studies suggest that small country size is conducive to democracy, the understanding of this link between smallness and democracy is still less than complete. By examining the nature and profile of microstate democracy in the year 2005, this article aims at promoting a better understanding. Two research tasks are pursued. First, the article investigates if microstate democracy is predominantly about majority democracy, or alternatively consensus democracy, or a blend of majority and consensus. Second, while testing the validity of diffusion and rationality assumptions for explaining country choices of democratic form, the article aims at drawing forth a better appreciation of the foundations of microstate democracy. The findings indicate that smallness is particularly conducive to majority democracy, and that diffusion goes a long way to explain this small state preference for majority rule. However, the microstates within the majoritarian framework are often inclined to resort to non-majoritarian choices, and elements of rationality are therefore in the picture as well. Small size does not appear to associate systematically with culture to the exclusion of rationality or with rationality to the exclusion of culture.     

The Commonwealth in the 21st Century

The Commonwealth in the Twenty-First Century finds itself in a difficult predicament. Neither in the 'Global North' nor the post-colonial 'South' do its stakeholders invest in the organisation as a key instrument for international governance. The space which it once occupied as a mediator between rich and poor nations has either closed or been taken over by other entities. But might the Commonwealth find a new role for itself by returning to its roots as a vehicle for the exploration of the commonweal, in particular as a focus of contemporary attempts to democratize the international system? The story of the Commonwealth itself, from its origins as project for a racial imperial oligarchy in the nineteenth century to struggles for its renegotiation as a space of equality, first of 'white dominions' with Britain, and second in the era of Decolonization, is a parable of how rights and participation can be widened. Might the Commonwealth in the Twenty-First century not drive new global conversations about inequality, social and economic rights, and different cosmopolitan futures?     

The double-design dilemma: political science,parliamentary crisis and disciplinary justifications

Two separate, but inter-linked, dilemmas have highlighted the importance of design-led thinking. First, the crumbling physical fabric of the Palace of Westminster has prompted a multi-billion rebuilding project, which will require the parliamentary studies specialism to engage with questions of design, space, and architecture. Separately, political science more generally has been challenged to utilize the insights of design-thinking and design-practice: a challenge to which it is culturally and methodological ill-equipped. This article considers what a design-led approach to political science looks like in theory, and in practice, in the case study of the Restoration and Renewal of the Palace of Westminster. This represents a first attempt at how such a fusion could be beneficial for both politics as theory and politics as practice. The main conclusion is that although design-orientated political science is not a panacea for the challenges of modern democratic governance – in intellectual or practical terms – it does appear to offer significant potential in terms of theoretically-informed but solution focused research.