The Time Path of Legislative Party Switching and the Dynamics of Political Competition: The Italian Case (1996–2011)

Political competition is more realistically described as a dynamic process rather than as a series of static stages in which parties compete over policy and government formation. This paper focuses on legislative party switching as the main manifestation of this endogenously evolving process, linking individual switching behaviour to policy and office incentives that are assumed to evolve throughout the life of the entire legislature. Using a new data set tracking the timing of MPs’ changes in party affiliations between 1996 and 2011 in Italy, it is found that switching is mainly motivated by policy reasons and that it is more likely during government formation periods and budget negotiations. These results are a consequence of the interplay between MPs’ ambition and the alternation of key phases in the legislative cycle.     

The Case of the “Offering of Life” in the Causes for Canonization of Catholic Saints: The Threshold of Self-Sacrifice

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Catholic legal and doctrinal tradition defined two main cases for the canonization of saints:...     

Taking Care of Strasbourg: The Status of the European Convention on Human Rights and the Case-Law of the European Court of Human Rights in Kosovo’s Domestic Legal System

This paper addresses the position of the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR) case-law in Kosovo’s domestic legal order. To begin with, it reviews the background of the issue of human rights in Kosovo highlighting its distinct position and perspective. This article then analyses the position held by the European Convention on Human Rights and its protocols in Kosovo’s legal order while also addressing the ECHR’s constitutionalization, its direct effect and the constitutional review on basis of it. The paper then examines whether the case-law of the ECtHR is binding in Kosovo, whether it is directly effective, and whether Kosovo’s Constitutional Court can use it as a ground in the conduct of constitutional reviews. This paper argues that the ECHR and the case-law of the ECtHR both hold a privileged status under Kosovo’s constitutional law, despite Kosovo not being a party to the ECHR and, therefore, having no international liability to implement the ECHR. In addition, the paper offers certain arguments regarding the relative positions of the ECHR and the case-law of the ECtHR within the current practice of Kosovo’s judicial system. This paper concludes with the argument that the ECHR and the case-law of the ECtHR hold a privileged status in the context of Kosovo’s domestic legal order—one which could serve as a precedent in respecting human rights and freedoms.     

The ‘Heathrow’ Case: Polycentricity,Legislation, and the Standard of Review

The recent Court of Appeal decision in the ‘Heathrow’ case, Plan B Earth v Secretary of State for Transport is an illustration of the challenges of reviewing polycentric and expert decision-making. The issues raised in the case concerning the Planning Act 2008 are an illustration of a court's expository role in such contexts. The Court tackled directly a series of interpretive questions concerning the Planning Act 2008's obligations regarding the consideration of climate change. The Habitats and Strategic Environmental Assessment (SEA) Directive issues raised in the appeal, in contrast, were presented with the question of the intensity of review foregrounded in legal argument. The Court therefore sought to articulate the ‘standard of review’ and to apply it to the government's decisions. This way of framing the issue unfortunately sidelined the courts’ expository role in relation to intepreting the Habitats and SEA Directives, leaving key provisions under-analysed.     

Mandatory Full-Cost Pricing in Public Services: The Case of the ‘Fantask’ Sentence

The sentence issued by the Court of Justice in the Fantask Case defined what sort of policies can be adopted by the Member States in connection with the fees for company registration without contravening the stipulations of Community legislation on raising capital. This article analyses how to set prices that comply with the sentence and at the same time generate efficient incentives. It first reviews to what extent the sentence meets the aims on which it is based. Second, it provides a guide for subsequent development of related jurisprudence. Third, it throws some light on how public authorities can set pricing policies.     

Human rights in the administration of criminal justice in Southern Africa University of Botswana,Gaborone, Botswana October 8–10, 1990

Conference Papers

Human rights in the administration of criminal justice in Southern Africa University of Botswana, Gaborone, Botswana October 8–10, 1990     

Lay Victims’ Conceptions of Environmental Crime and Environmental Injustice: The Case of the Chem-Dyne Superfund Site

Social Justice Research - This project explores lay victims’ conceptions of environmental crime and environmental injustice through in-depth interviews with a snowball sample of people...     

The role of the Portuguese parliament based on a case study: The discussion of the budget, 1983–95

Barely studied, the Portuguese parliament is a young institution which has undergone numerous and deep changes in its first 20 years of democratic existence. This article looks into those changes during a fundamental period of Portuguese political life: from 1983 to 1995, after the so‐called transition to democracy, in the years that Portugal became a member of the European Union and in the period that saw the occurrence (and repetition) of an absolute majority. To understand the changes in parliament's role, a case study has been chosen: the consideration of the budget bill. This article is based on three main aspects: procedural rules, debate styles and votes. The analysis of the budget discussions shows how the Portuguese parliament has undergone a strong rationalisation process, as well as a change in the role of parliamentarians; from a loss of decisional power, the parliamentarians found new ways of exercising influence in Portuguese politics. The votes on the budget bill and its amendments are an excellent indicator of the role of parliament in policy making, showing a very strong institution in the years preceding the absolute majority. Simultaneously, the votes are also revealing of the determinant position, during the IVth legislature, of the short‐lived Renewal Democratic Party (PRD). Finally, this article looks at data showing the existence of stronger links between Portuguese MPs and their constituencies than is generally expected.     

For the Love of Darcie: Recognising the Human–Companion Animal Relationship in Housing Law and Policy

This paper identifies the law’s failure to recognise and protect the human–companion animal relationship in the housing arena. The nature of the human–companion animal relationship has striking similarities to human–human relationships in the socially supportive aspects of the relationship such as attachment, nurturance and reliable alliance. This contributes to the social life and sense of well-being of the owner. There is also evidence that the human–companion animal relationship can have physical health benefits such as lowering the risk of death by cardiovascular disease. It is clear that society benefits from the human–companion animal relationship, which many owners perceive as akin to family, in the form of healthier, less isolated people with better social networks. Yet in the key area of housing, the law does nothing to protect or even recognise this relationship. In consequence, every year thousands of tenants in both the public and private sector are faced with ‘no pet’ covenants in their leases and grapple with difficulties such as reduced housing options, higher rents or the traumatic decision to give up their companion animal for rehoming or euthanasia. This is especially prevalent amongst vulnerable people, like the elderly and mentally ill, who are more likely to need to move into supported accommodation. This article examines housing law in countries, such as France and Canada, that prohibit ‘no pet’ covenants in residential leases and provides arguments for the effective formulation and implementation of such law in the UK.     

Political Reluctance and Judicial Activism in the Area of Free Movement of Persons: The Court as the Motor of EU–Turkey Relations?

Progress in the EU–Turkey accession negotiations has been slow in recent years, with the free movement of persons constituting one of the most controversial issues. The political reluctance and public opposition towards opening up free movement rights to Turkish nationals have led to a deadlock in this area since the early 1980s. In the face of a reluctant legislator, the Court has taken an activist stance. In a number of recent cases, it has interpreted the rights of Turkish migrants extensively, allowing for a transformation of status from family member/student to worker and applying the standstill clauses to conditions of admission. This article explores the role of the Court in pushing forward the free movement agenda. It discusses the implications of the Court's rulings for the free movement of persons between the EU and Turkey, and for the division of tasks between the Court and the legislator.     

The “net” of the Internet: Risk Factors for Cyberbullying among Secondary-School Students in Greece

Cyberbullying is one of the most common threats an adolescent might face online with serious negative consequences at the social, emotional and educational level. Despite the intense study of the phenomenon over the past decade, most researchers ask for new directions in research that will focus on risk and protective factors. This study attempted to investigate the predictive effect of internet use, parental mediation, school-bullying and victimisation, gender and empathy on cyberbullying and cybervictimisation in two measurements, 4 months apart. Data collection was conducted using a self-report questionnaire. Four hundred and forty secondary school students, aged 12–14, participated in the study. The students were randomly selected from six public schools located in the Greater Metropolitan Area of Thessaloniki in Greece. Results showed that involvement in traditional bullying as a victim or as a perpetrator is the factor with the highest predictability for cyberbullying and cybervictimisation, which also remains stable across time. This finding points to the urgent need for designing and implementing programmes against all forms of bullying both offline and on line.     

The dynamics of committee outliers: Evidence from the house of representatives, 1951–90

In this study, we enter the on‐going debate on committee outliers by addressing two important points. First, we dispute the conventional wisdom that committee outliers are best identified and evaluated using traditional tests of statistical significance. Contesting the appropriateness of such tests, we contend that any observed difference between chamber behaviour and floor behaviour may be substantively significant and use raw mean differences between Americans for Democratic Action (ADA) scores to examine differences between the full House of Representatives and its committees. Second, we attempt to integrate the committee outlier literature into the broader literature on the historical development of the House by using data from 20 Congresses over four decades (1951–90). This longitudinal analysis indicates that there have been interesting dynamic changes in the prevalence of committee outliers across time and committee types in patterns that are consistent with both the principal‐agent framework and the more general literature on congressional change and reform. Many of these important changes are not obvious when relying solely on traditional tests of statistical significance to examine committee outliers.     

The Consequences of Social Inequality for the Health and Development of India’s Children: The Case of Caste,Sanitation, and Child Height

Social Justice Research - The links among social inequality, economic inequality, and health have long been of interest to social scientists, but causal links are difficult to investigate...