Legislative Capacity and Credit Risk

Legislatures differ in their institutional capacity to draft and enact policy. While strong legislatures can increase the congruence of policy outcomes to the electorate's preferences, they can also inject uncertainty into markets with their ability to alter the political economic landscape. We argue that this uncertainty will manifest in a state's ability to borrow and hypothesize a negative relationship between legislative capacity and creditworthiness. Using ratings of general obligation bonds issued by the American states over nearly two decades and data on the institutional capacity of state legislative assemblies, we find support for the claim that having a legislature that is better equipped to affect policy change increases credit risk evaluations. The results we present broaden our understanding of the importance of legislative institutions, the determinants of credit risk, and the economic implications of democratic responsiveness.     

政府行政能力问题研究

提高政府行政能力是政府自身建设的重大课题,也是执政党建设的重要组成部分。积极探讨政府行政能力问题,是提高政府行政能力,建设高效政府的必然要求。     

Critical Reflections on Hamiltonian Perspectives on Rule-Making and Legislative Proposal Initiatives by the Chief Executive

Reflecting on James Hart and Edwin Witte's analysis affords the field a rare opportunity to observe the complexities of a separation-of-powers system in action. In making their case, they underscored the importance of the president having a substantial supervisory role in the way administrative agencies write rules and propose legislative measures. As a result, they ignored Congress's constitutional responsibility to supervise, regulate, and guide these areas of administrative law. Their highly controversial arguments not only provide the field with a broader understanding of the overall mission of the Brownlow Committee, but also we can see how they influenced the development of the administrative state.     

Complying with Transposition Commitments in Poland: Collective Dilemmas,Core Executive and Legislative Outcomes

This article examines the transposition of EU legislation in Poland before accession. It finds that the extent to which the Polish government complied with transposition commitments in a timely manner was related to the institutionalisation of rules that the domestic core executive could use to extend selective incentives and monitoring to ministers and departments. The effect of the core executive variable is contextualised by the impact of EU incentives, party configurations and ministerial resources. The article concludes by considering the wider significance of the core executive variable in research on compliance in the EU member states.     

Legislative Control of Powers Delegated to the Executive: The Case of the EU

How can legislators derive the benefits of delegation without unduly empowering the executive? This article investigates how this dilemma is met in the European Union (EU) political system where executive power is delegated to the Commission. The argument is that the European member states have found a unique solution. They install committees of member state representatives to monitor the EU Commission, the so‐called comitology committees. However, the extent to which comitology committees are installed and their exact competence vary considerably across policy areas. This article uses a delegation perspective to understand this variation. An analysis of comitology provisions in 686 directives and regulations shows that institutional conflict and issue complexity, well‐known factors from the delegation literature, are important predictors of comitology control of the Commission. The findings support one of the two prevailing images of comitology—comitology as a control mechanism, not deliberative democracy.     

Budgetary Decision Making by Executive and Legislative Budget Analysts: The Impact of Political Cues and Analytical Information

We explore the extent to which attributes of individual analysts and institutional factors lead to budgetary decisions based on political cues and/or analytical information among executive and legislative budget analysts. We surveyed executive and legislative budget analysts in 13 western states to ascertain the factors that influence their budgetary decisions. The findings build on evidence from previous studies that confirms the complexity of factors affecting budget analysts' decisions, and they provide empirical support to analysts' use of a combination of information labeled "budget rationality" by Thurmaier and Willoughby. Also, we provide more conclusive evidence that both executive and legislative analysts follow similar decision-making patterns.     

Legislative vs. Executive Political Offices: How Gender Stereotypes Can Disadvantage Women in Either Office

Political Behavior - Different stereotypes exist for women politicians in a way that is not true for men; a difference that may affect voter evaluations. While some...     

Organization and Management of Executive Departments: Executive Summary

From the adoption of the Constitution in 1787, the executive department has been the primary vehicle through which the government of the United States has administered its programs. Their organization and effectiveness are therefore matters that demand constant attention.     

State Constitutional Limits on Legislative Procedure: Legislative Compliance and Judicial Enforcement

Most state constitutions contain detailed restrictions on thelegislative process. Violations of some of these restrictions(e.g., single-subject requirements) are reflected on the faceof a final enactment. Other violations (e.g., alteration ofa bill to change its original purpose) are not evident in thefinal enactment, but require investigation of the legislativeprocess. State courts have developed a variety of approachesto these second types of violations, from excluding all evidencebeyond the enactment to permitting any evidence of constitutionalviolations. The Pennsylvania Abortion Control Act was passedin apparent violation of both types of constitutional restrictions.The legislative debates reflected legislators' attitudes aboutsuch restrictions, but the Pennsylvania courts refuse to enforcethem. After surveying other judicial approaches, the articlediscusses the legislative and executive obligation to followconstitutional restrictions, regardless of judicial enforcement.The article then advocates increased judicial enforcement, whilemaintaining proper deference to the legislature.     

Dissolution Threats and Legislative Bargaining

Chief executives in many parliamentary democracies have the power to dissolve the legislature. Despite a well‐developed literature on the endogenous timing of parliamentary elections, political scientists know remarkably little about the strategic use of dissolution power to influence policymaking. To address this gap, we propose and empirically evaluate a theoretical model of legislative bargaining in the shadow of executive dissolution power. The model implies that the chief executive's public support and legislative strength, as well as the time until the next constitutionally mandated election, are important determinants of the use and effectiveness of dissolution threats in policymaking. Analyzing an original time‐series data set from a multiparty parliamentary democracy, we find evidence in line with key empirical implications of the model.     

Presidential Coattails and Legislative Fragmentation

Considerable evidence suggests that legislative fragmentation can negatively affect the survival of democratic presidential regimes. While there is a vast literature examining the determinants of legislative fragmentation, one factor that has traditionally been overlooked is the impact of presidential elections. Do presidential elections increase or decrease legislative fragmentation? Does it matter if presidents are elected by plurality rule or by runoff? Using a new dataset that covers all democratic legislative and presidential elections between 1946 and 2000, I find that presidential coattails can reduce, increase, or have no effect on legislative fragmentation depending on the number of presidential candidates. I also find strong evidence that social heterogeneity increases the number of presidential candidates when runoff systems are employed. Taken together, these results suggest that the widespread adoption of runoffs by newly democratic presidential regimes will likely increase legislative fragmentation, thereby putting their democratic survival at increased risk.     

Legislative Organization and Pollution Taxation

The role of political institutions in shaping public policy has been analyzed in isolation from corruption, and legislative organization (specifically, bicameralism) has received minimal attention. We analyze pollution taxation when decisions are influenced by several veto players, such as legislative chambers. Our theory predicts that an increase in the number of veto players (e.g., moving from uni- to bi-cameralism) pushes the pollution tax towards the social optimum, with the effect being conditional on corruption. As such, dispersion around the optimal tax is lower under bicameralism. Empirical tests – using data from 86 countries – support the theory.     

Veto Rhetoric and Legislative Riders

Riders to appropriations bills have long been a favorite congressional instrument for forcing presidents to accept unwanted policies. To resist unwanted riders, presidents have increasingly resorted to veto threats. Are such threats credible, and do they influence legislation? To answer these questions, we analyze the legislative histories of hundreds of threatened and unthreatened riders from 1985 through 2008. We find that threats are effective in bringing the final legislation closer to the president's preferences. Threats achieve their success, in large part, by interrupting the textbook legislative process in the Senate—spawning filibusters, prompting leaders to punt bills to conference, and encouraging the use of other “unorthodox” procedures. Unlike conventional models that regard veto threats as minimally effective, the findings presented here depict veto rhetoric as integral to identifying critical riders separating the legislative parties that must be resolved in order to avoid gridlock and pass annual appropriations legislation.     

Legislative budget cycles

Recent literature suggests that electoral budget cycles are a phenomenon of new rather than established democracies. What part of the democratization process explains the amelioration of the political budget cycle? We argue the answer lies (in part) in the development of a strong party system. We extend the classic Rogoff-Siebert model to show that political budget cycles are possible in a legislative context with rational voters. We then demonstrate that the development of a strong party system can restrain political budget cycles in a majoritarian electoral system. Finally, we follow prior work in using vote share volatility as a measure of the institutionalization of the party system. Using newly collected vote-share data for 433 elections for 90 democracies from 1980–2007, we calculate a measure of party institutionalization. We then use this data to demonstrate that institutionalized party systems are associated with mitigated political budget cycles, especially in majoritarian electoral systems.     

Legislative term limits and state spending

Supporters of legislative term limits often claim that they will lower state spending levels. Using fiscal data from 48 states from 1977 to 2001, this paper finds little support for this assertion. Instead, this analysis finds that states with term limits have higher spending levels than states without term limits. These results suggest that term limits give legislators greater incentives to deviate from socially optimal fiscal policy by altering the legislative environment in which such policy is formulated.     

现场指认及其立法规制

现场指认作为侦查机关经常采用的侦查行为,虽与讯问犯罪嫌疑人、现场勘查、侦查实验、辨认有一定联系,但就其性质而言,是一种相对独立的侦查行为。我国刑事司法实践中,现场指认存在一定问题:违反无罪推定原则,违反侦查秘密原则,可能侵犯犯罪嫌疑人权利和导致犯罪嫌疑人脱逃。为保障犯罪嫌疑人人权和规范侦查权力,有必要通过立法规制现场指认,具体包括:立法应明确规定现场指认,明确现场指认需遵循的原则,确立现场指认的具体程序。