The Electoral Connection and Legislative Committees

This article examines whether the career needs of legislators – to be re-elected or to move on to another political post – allow us to explain the rules governing committee structures and the committee assignments individual legislators obtain. It uses the institutional variations provided by Argentina, Costa Rica, and Venezuela to test hypotheses about committee assignments and committee assignment mechanisms. It finds that incentives created by candidate selection procedures and electoral rules show some relationship to committee assignments, but with a good deal of variation across national cases and individual careers.     

Politics of Constituency Representation and Legislative Ambition under the Glare of Camera Lights

The introduction of legislative television as a transparency initiative has been welcomed in an increasing number of democracies. The impact of television cameras on parliamentary behavior, however, has received scant attention in systems where personal vote-earning attributes are thought to be of little importance (e.g., closed-list proportional representation). Additionally, studies examining this relationship relied exclusively on over-time variation in legislative behavior (i.e., before and after the introduction of television into parliament), which arguably has important deficiencies in demonstrating the true effect of legislative television. Capitalizing on a unique quasi-experimental setting, the present study aims to close these gaps in the literature by analyzing parliamentary activities in Turkey, where the legislative television was restricted to 3 days per week (Tuesday, Wednesday, and Thursday) in 2011 after almost two decades of continuous 7-day operation. Results based on original data sets of parliamentary activities from the pre- and postreform periods (2009–11 and 2011–13) indicate that the varying presence of television cameras exacerbated the effect of electoral and reputation-building motivations on parliamentary behavior, encouraging electorally unsafe and junior MPs to shift their constituency focus to the televised proceedings. The results offer important implications for the study of legislative transparency and constituency representation in party-list proportional representation systems.     

Dimensions of Legislative Conflict: Coalitions,Obstructionism, and Lawmaking in Multiparty Presidential Regimes

This article addresses central issues in multiparty presidential systems: the functioning of legislative coalitions and the dynamics of legislative conflict. Since electoral competition has elements of both positive‐sum (increase in common support) and zero‐sum (exact division of the support) qualities, lawmaking in coalitional systems presents unique challenges. Using legislative data from Brazil, we examine how coalition management and unity affect legislative delay and obstructionism. We find, among others, that: (1) coalition management is pivotal for both faster legislative approval and less obstructionism, but its effect depends on coalition size; and (2) cohesive opposition impedes the legislative process.     

The Publication of Precedents and Its Effect on Legislative Behavior

What was the effect of the publication of the precedents in the House in the late nineteenth century? Empirical analysis demonstrates a significant effect of the publication of the House precedents on the behavior of members' willingness to appeal decisions of the chair. Publication of the precedents reduced the frequency of appeals, a finding consistent with the qualitative arguments of past parliamentarians but never before demonstrated empirically. Further, parallel analysis of the Senate reveals that the publication effect found for the House is not an artifact of some secular trend in legislative behavior, doing so by showing that no similar pattern occurs in the Senate during the same period of time.     

Legislative Behavior in Romania: The Effect of the 2008 Romanian Electoral Reform

This article analyzes the impact of electoral rules on legislators’ rate of vote defection from their party position in legislatures while accounting for how party‐leadership strength mediates this impact. To this end it looks at the effect of the 2008 Romanian electoral reform. The reform shifted the electoral system from a closed‐list proportional representation to one in which all candidates run in single‐member districts. The analysis finds that because party leaders have maintained their leverage intact, the impact of the reform was minimal, with legislators being more likely to defect in less important votes only, in which party leaders allow defection. Also, after the reform legislators are more likely to use other means to impress their voters, such as legislative initiation and cabinet questioning. These forms of behavior are more accepted by party leaders.     

我国犯罪参与体系归属单一制的立法依据论

区分制与单一制是两种现存的处理犯罪参与问题的客观立法模式.从我国《刑法》的现实规定出发,宜认为我国的犯罪参与体系归属于单一制.以“立法原意”“共同犯罪人的立法分类”“法条关系”“立法特点”“立法动态”为切入视角,对我国犯罪参与体系归属单一制立法依据进行的论述,既是对我国犯罪参与体系归属争论的一种回应,也是对单一制论断理由阐释的一种补充.     

The EU's Climate Leadership: Reconciling Ambition and Reality

This article argues that while the EU aspires to and is capable of structural, directional and instrumental leadership in the global climate regime, it thus far has not fully utilized this potential. Partly this is because the EU's shortcomings with respect to implementation have reduced the credibility of its leadership, partly because the complex internal negotiations tend to divert attention away from consideration of the impacts of its negotiation position on other countries. Nonetheless, the EU is moving the regime-building process forward. It is recommended that if the EU wishes to continue acting as a leader, it then needs to combine the three types of leadership with a short, medium and long-term strategy.     

Personal Characteristics of MPs and Legislative Behavior in Moral Policymaking

Theoretical and empirical models of legislative decision making in parliamentary democracies typically neglect the policy preferences of individual MPs and instead focus on political parties and possible institutional constraints. We argue that MPs actually make judgments and decisions on the basis of their preferences, which are shaped by their personal characteristics. However, given the strength of parties in most parliamentary systems, the impact of personal characteristics on legislative behavior is rarely visible. Therefore, we examine a moral issue. Looking at cosponsorship, parliamentary speeches, and votes in the German Bundestag, we analyze the legislative procedure on the regulation of preimplantation genetic diagnosis (PGD) in Germany in 2011. We show that the legislative behavior of MPs does not only reflect partisan conflict but is also influenced by the preferences of the constituents and MPs’ own personal characteristics such as: religious denomination, gender, and parental status.     

Committees and Legislative Strengthening: The Growing Influence of Committees in Ukraine's Legislative Process

The Ukrainian legislature is in the process of transforming from a ‘rubber stamp’ institution of the Soviet type into an ‘institution that matters’ in a new democratic state. The practice of democratic institution building in the post-Soviet countries presents multiple examples of powerful executives who gained dominance in legislative processes. What path has Ukraine taken and what can explain its specific characteristics? This article charts the growth of committees here as a marker of legislative institutionalisation in Ukraine. The study finds that Ukrainian legislative committees defy prevalent regional trends and, contrary to expectations, have asserted independent roles. It then discusses factors that may account for this unique regional development – the role of a dual executive structure and the Ukraine party system.     

The Effect of the Electoral Calendar on Politicians' Selection into Legislative Cohorts and Legislative Behavior in Argentina, 1983–2007

How do electoral opportunities affect politicians' career strategies? Do politicians behave strategically in response to the opportunities provided by the electoral calendar? We argue that in a legislature that combines nonstatic ambition with a staggered electoral calendar, different kinds of politicians will have dissimilar preferences towards running in concurrent or midterm elections. More specifically, politicians with no previous executive experience should strategically run in midterm legislative elections in order to increase their visibility among voters, while more experienced politicians should opt for concurrent elections. We support these claims with data from the Argentine Chamber of Deputies between 1983 and 2007.     

Stability in Parliamentary Regimes: The Italian Case

Abstract: In this article, we distinguish legislative stability from government stability and argue that the character of the relationship that exists between them is a complex one in which various combinations are possible. We focus on Italy because of the manner in which it has combined legislative stability with government instability. Our findings indicate that the relationship between legislative and government stability in Italy is best seen as curvilinear, that the analysis of government stability must take the number of governments as well as the duration of governments into account, and that the attributes of the party system that stabilize the legislature destabilize governments. Given these findings, we discuss their implications for explaining stability in parliamentary regimes in terms of events, “strong parties,” and strategic calculation. We conclude that legislative stability should not be treated simply as a secondary or derivative effect of government stability and that Italy can serve as a benchmark for further study of the nature and determinants of the relationship between the two in other parliamentary systems.     

股权式资产转让税收规避行为的法律评价与立法选择

税法实践中以股权转让形式进行资产交易的行为很常见.这种行为一般以排除税法适用、规避特定税种纳税义务为目的,利用股权转让税制的漏洞进行非常规的法律安排,造成国家税款大量流失.税务机关对这种税收规避行为的态度不明确、处理不一致,根源是对股权式资产转让法律实质的评价争议很大,造成反避税立法迟迟不能出台.当前税收法定已成为财税体制机制改革的基本遵循,从立法层面对这种经济行为进行约束成为当务之急.一般反避税、股权交易、公司人格否认税收立法能够直接解决这一问题,同时税法与其他部门法的立法协调机制也需重新审视并完善.     

Electoral Reform and Changes in Legislative Behavior: Adoption of the Secret Ballot in Congressional Elections

There is widespread agreement that the Australian ballot fundamentally altered the American electoral system. One common approach to test the effects of ballot reform is to examine legislators elected under the party and secret ballot. An alternative research design, which we adopt here, compares changes in the behavior of legislators who were elected under both ballot types. We use this approach to investigate whether ballot reform directly influenced legislators' decisions to seek renomination and their behavior within the institution. Our results raise a number of important implications for understanding the effects of electoral reform on political behavior.     

Toward Subnational Comparative Cultural Policy Analysis: The Case of Provincial Cultural Policy and Administration in Canada

Comparative policy analysis is an underdeveloped field of study in Canadian policy scholarship at the national and subnational levels. Cultural policy research is also underdeveloped in Canada, particularly at the provincial level. This article aims to contribute to the development of subnational comparative cultural policy analysis by assessing the analytical value of utilizing national-level cultural policy approaches as referents for provincial comparative analysis. We develop four main approaches to cultural policy and administration—the French, British, American, and hybrid (mixed) approaches—and explore their applicability to analyzing the origin and evolution of cultural policy and administration in five Canadian provinces. The article draws on a recently concluded three-year national study of provincial and territorial cultural policy and administration codirected by authors Gattinger and Saint-Pierre.     

Circumventing Legislative Committees: The US Senate

Committees have been established to improve legislation and make expert recommendations. However, many bills do not appear in committees, and how they reach the Senate floor varies in style and strategy. We develop and test expectations for when, as well as how, bills bypass Senate committee proceedings. The procedures legislators use to circumvent committees and what makes committee bypassing more probable are explored. The findings clearly demonstrate that bills introduced by ideologically extreme minority-party members are more likely to bypass committees. We also show a clear shift in the procedural choices senators make as the Senate becomes increasingly polarized. This article highlights the procedural choices members make, how these choices produce differing outcomes, and suggests evidence of positive agenda power for individual minority-party senators.     

Fuzzy Legality in Regulation: The Legislative Mandate Revisited

How does law interact with regulatory reality, and why does legislative mandate, which presumably stands at the apex of a regulatory package, often deviate from its ideal‐type as exclusive organizer of action? These questions are treated in this article through the concept of “fuzzy legality,” which serves as a common title for six different legal arrangements that stray from the ideal‐type legislative mandate, while enabling “perfectly legal” industry behavior. Against the background of potential dangers involved in such practices, the article traces the politics of preference for fuzziness both by regulators and regulatees. It reassesses calls for responsive and reflexive law as a cure for the regulatory malaise: these may have been voiced due to existing overly rigid regulatory frameworks, rather than the intrinsic flaw of legal constructs.     

The Netherlands in the UNFCCC Process –Leadership between Ambition and Reality

The Netherlands is generally considered as a front running nation in international environmental politics. This article looks at the influence of The Netherlands in international climate change regime formation by analyzing the structural, entrepreneurial, intellectual and environmental leadership qualities exerted by. The Netherlands during the FCCC policy process. In addition, the EU as an enabling and constraining institution for the ambitions of Netherlands in climate change policies is analyzed.