Representative and Useful? An Empirical Assessment of the Representative Nature and Impact of the Scottish Youth Parliament

Youth parliaments provide a channel for young people to engage positively with the political system and benefit themselves and their communities. Using survey data of former members of the Scottish Youth Parliament (SYP), and comparing them with a variety of population data, the paper investigates whether the SYP is representative of the Scottish population, and whether engagement with the youth parliament has had an impact on members' personal and skills development, and associational activities in later life. Results suggest that former members of the youth parliament are representative of the general population and that personal and skills development has been high. In addition, an overwhelming majority of former members perceive positive impacts from their experiences. However, volunteering, although higher among former members compared with the population, is disproportionately favoured by the very same social groups that are known to volunteer more. The authors interpret this as evidence that the SYP has some way to go towards engendering volunteerism. These results are likely to be of interest to those who are either studying or engaging the younger generation in activities that sustain a healthy democratic regime.     

What's the Use of a Hashtag? A Case Study

Although there are now sophisticated techniques for the analysis of social media, socio‐legal studies has yet to draw on them fully. In this article, we demonstrate how Twitter can produce insights about protest, law, and legality, through a case study of protests against the ‘bedroom tax’. The first involved challenging a policy in the courts using a test case or cases. We discuss the litigation strategies and the mess they created and counterpose those strategies with those of four prolific ‘tweeps’ who participated in our study. We argue that, despite the small number of participants, these people have, in their own way, been enormously influential and made things happen. Our position is not evaluative of the different strategies – but, rather, one that recognizes that legality is mobilized in different ways.     

A God of Vengeance and of Reward? Voters and Accountability

Theories of democratic politics prize congruence between citizens’ preferences and their elected representatives’ actions in office. Elections are a critical means for achieving such policy congruence, providing voters the opportunity to chasten representatives who are out of step with constituent preferences and to reward the faithful. Do voters act this way? Recent studies based on observational data find they do, but these data are somewhat limited. We employ a survey experiment to estimate the extent to which information about policy congruence affects voters’ evaluations of representatives. We informed some subjects how often their member of Congress’s voting decisions match their own stated preferences on the same policies. We find that information about congruence enhances accountability by affecting constituent evaluations of representatives and may also affect citizens’ propensity to participate in upcoming elections.     

The Portuguese Parliament and Public Opinion: A Case for Reform?

During the past decade, the Portuguese political system has been under close scrutiny. As in other Western democracies, the topic of citizens' dissatisfaction with democratic institutions has been at the centre of a wide debate amongst public opinion and politicians. This debate has focused on parliament and parliamentary reform has often been seen as a way of enhancing parliament's image. However, as this note will show, there is no clear evidence that the Portuguese are dissatisfied with this institution. Indeed, this is still an under-researched area. Why is there an assumption that the Portuguese parliament has a negative image? And why should this have consequences for parliamentary reform? In the context of the creation of a Portuguese Election Study, this note aims to raise questions for future research on this topic. The note will look into the concept of legislative support, assess the evidence available on the Portuguese parliament's popularity and suggest indicators that would help to clarify the Portuguese views on this. It will also explore the connection between legislative support and the role of parliament, to enquire whether popularity indicators can make a case for parliamentary reform.     

Role-Switching in the Dutch Parliament: Reinvigorating Role Theory?

The lack of explanatory power of roles in the study of legislative behaviour has led to questioning of the utility of role theory. The problem may be that scholars tend to focus on classifying legislators according to one role orientation, thereby running the risk of oversimplification. Using questions from the 1990, 2001 and 2006 Dutch Parliamentary Studies, this study explores whether MPs specialise in a particular role or switch between roles depending on the situation at hand. A general trend towards specialisation in the partisan role is detected, accompanied by a decrease in the number of role-switching MPs. Furthermore, it is found that whereas government MPs tend to specialise in the role of the parliamentarian, opposition MPs are more prone to put on their partisan hats.     

Who Represents the Constituency? Online Political Communication by Members of Parliament in the German Mixed-Member Electoral System

Members of parliament (MPs) are elected via two different tiers in mixed-member electoral systems—as winners of a seat in a constituency or as party candidates under proportional rules. While previous research has identified important consequences of this “mandate divide” in parliaments, questions remain how this institutional setup affects MPs' political behavior in other arenas. Analyzing more than one million social media posts, this article investigates regional representation in the online communication of German MPs. The results show that MPs elected under a direct mandate refer approximately twice as often to their constituencies by using regionalized wording and geographic references than MPs elected under the proportional tier. The substantive findings provide new evidence for the benefits of mixed-member electoral systems for political representation while the methodological approach demonstrates the added value of social media data for analyzing the political behavior of elites.     

The Animal: A Subject of Law? A Reflection on Aspects of the Austrian and German Juridical Systems

In recent years there has been a marked increase in interest in animal welfare issues worldwide. This subject often evokes extreme points of view, and can be both intellectually challenging and emotionally dividing. It is undeniably a field where substantial progress has taken place, with a multitude of countries worldwide implementing their own animal welfare and protection laws. However, calls continue to be voiced for more extensive and courageous measures to be taken concerning both the content and the enforcement of animal welfare legislation. To highlight a variety of these promising and noteworthy ideas this article outlines and examines some selected and qualified aspects of a potential juridical approach to the subject by consulting the legal systems of Austria and Germany under this particular premise. The aim will be to ascertain the extent to which animals have been granted consideration and protection, for instance in spheres of Constitutional or Civil Law. What options exist to safeguard an animal by a legally founded and secured position, and on which rank in the legal system could such provisions possibly be established? Ideally, a complete legal network on all possible levels of the legal system should be developed, ensuring a comprehensive and an all-embracing protection of the individual animal.     

Can Online Courts Promote Access to Justice? A Case Study of the Internet Courts in China

The right to access the courts is a basic human right in civilised societies, but the current legal system is unfriendly and often unaffordable for the victims of e-commerce disputes and copyright infringements seeking access to justice. Therefore, how to design a judicial system that is more accessible for the aforementioned victims has become a critical legal point of contention in the digital economy era. In particular, it is not easy to provide solid evidence of consumer disputes or copyright infringements on the Internet because the electronic evidence stored on the current centralised database has data security and trust problems. In response to this challenge, China established three Internet Courts in 2017 to move dispute resolution for e-commerce disputes and copyright infringements from the physical courts to the Internet. All the proceedings in these Internet Courts are conducted on the Internet, so the time and expenses of the litigants can be largely reduced. Most notably, these Internet Courts accept the use of blockchain as a method of securing evidence, to overcome the risks that evidence stored on the Internet can be hacked or falsified. The notion of an Internet Court, which substantially enhances popular access to justice, is a significant judicial innovation. It is of special significance for those lawsuits with small value claims and online evidence, and in which the parties are separated by long distances. However, these Internet Courts leave much to reflect on, including whether due process can be guaranteed, whether public trial can be fully implemented, and whether blockchain-based evidence is absolutely admissible. Even so, this article argues that true justice is not only to pursue absolute correctness of judgements, but that true justice should also strike a balance between the correctness and efficiency of trials. For this reason, Internet Courts may yet establish a new judicial paradigm to pursue a balance between correctness, time, and cost.     

An information network of officials? Dissecting the role and nature of the network of parliamentary representatives in the European Parliament

Enhancing the role of national parliaments in the European Union’s decision-making process has for some time been a popular way in which policy-makers have sought to address legitimacy problems in the European Union, the Early Warning Mechanism being only one example. In response to these developments, an increasing number of scholars have addressed the question of how parliaments make use of these powers in practice. An important dimension of the process – the role of parliamentary officials in parliamentary scrutiny and control – has so far been neglected in the literature. Against this background, this article examines the role of the representatives of national parliaments in the European Parliament with the aim of understanding the role and the nature of this ‘bureaucratic network’. While falling short of an epistemic community, these officials play an important role in enabling parliamentary scrutiny through the dissemination of information.     

Why Snowden and not Greenwald? On the Accountability of the Press for Unauthorized Disclosures of Classified Information

Law and Philosophy - In 2013, following the leaks by Edward Snowden, The Guardian published a number of classified NSA documents. Both leaking and publishing leaks violate the law prohibiting...     

Harassment and stalking of Members of the United Kingdom Parliament: associations and consequences

A survey concerning intrusive/aggressive behaviours towards MPs was administered at Westminster, and in Queensland, New Zealand and Norway. Follow-up interviews were conducted with a sample at Westminster. This paper examines the experiences and associations of the 239 Westminster responders, of whom 81% had experienced intrusive/aggressive behaviours, 18% been subject to attack/attempted attack, and 53% stalked or harassed. Being stalked and subject to certain types of intrusive/aggressive behaviour were associated with younger age and being in the Commons five years or less, but serious incidents were more common in those who had been MPs for longer. There were no associations with brief periods of harassment. Some differences with party and constituency type emerged. Mental illness was prominent amongst perpetrators. Motives predominantly concerned personal grievances. Significant proportions of MPs suffered psychological ill-effects, necessitating inconvenient behaviour changes. Internal consistencies in these results and similarities to other sites are explored, and their implications discussed.     

Deliberative Law-Making: A Case Study of the Process of Enacting of a ‘Constitution of the Third Sector’ in the Polish Sejm

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The main objective of the paper is to present a model of the good practices of deliberative...     

Above the Law? A Comparative Study of National Prosecutions of Heads of State

Official polices on the appropriate government response to crimes committed by a head of state are seldom dictated by strict principles of justice. Deciding whether to bring an errant leader to justice is often influenced by political expediency. Given the number of documented cases of official abuse, there is a need to understand why some governments choose to prosecute a former or sitting head of state while others do not. Yet, few studies have been done on this subject. This study reviews 52 cases of heads of state accused of crimes and explores how their own national governments responded to such accusations. Using data culled from various documentary sources, it employs a grounded theory approach to focus on the process that drives the decision to prosecute. Analysis indicates that political legitimacy, perception of threat, political stability, and degree of politicization of the military influence the decision to prosecute. The article concludes with a discussion of the significance and implications of these findings and suggestions for future research.     

Evidence-informed or value-based? exploring the scrutiny of legislation in the UK Parliament

This article argues that three types of factor – process, subject and political circumstance – are likely to affect the extent to which claims of evidence are made during legislative scrutiny. It draws upon case studies of the National Minimum Wage Act 1998, the Academies Act 2010 and the Welfare Reform and Work Act 2016, utilising interviews with those involved and information from Hansard. The article concludes that these cases highlight that while there might be potential benefits from a yet more robust legislative scrutiny process, including greater use of pre-legislative scrutiny and the ability of public bill committees to take evidence from a wider range of witnesses and on all bills, subject and political factors would be likely to mean that the use of claims of evidence would continue to vary widely.     

What Kind of Joblessness Affects Crime? A National Case–Control Study of Serious Property Crime

Objective

To assess whether joblessness affects the commission of serious property crime.

Methods

We studied serious property crime, applying a case–control design to nationally representative samples of (a) known serious property crime offenders and (b) nonoffenders. This was done by comparing a national sample of prison inmates convicted of robbery or burglary (the “cases”) with a general sample of the U.S. adult population (the “controls”). In contrast to prior individual-level research, the study sample included substantial numbers of serious offenders, and provided a formal basis for generalizing the findings to the U.S. adult population. We differentiated five labor force statuses: (1) unemployed (according to the official government definition), (2) underemployed, (3) out of the labor force for widely socially accepted reasons (OLFL), (4) out of the labor force for reasons not widely accepted (OLFN), and (5) fully employed.

Results

We found that when these distinctions are made, people are not more likely to engage in burglary or robbery when they are either completely unemployed or underemployed according to the official definitions. Instead, it is being out of the labor force for reasons not widely accepted as legitimate that is significantly and positively related to serious property offending.

Conclusions

The results suggest that offending among jobless persons may reflect preexisting differences in criminal propensity among those who stay out of the labor force, rather than effects of joblessness per se. Part-time work is associated with significantly less property crime, perhaps because the willingness to accept even part-time jobs serves as an indicator of commitment to pro-social attitudes.

     

What Role for the Party Group Leader? A Latent Variable Approach to Leadership Effects on Party Group Cohesion in the European Parliament

Previous research has identified several structural and situational factors that affect party cohesion in parliamentary voting behaviour. The potential role of leadership has been neglected so far. The authors apply a latent variable approach to model leadership effects in roll call votes from the European Parliament (EP), 1979–2001. Other things being equal, their findings suggest that a small but significant 7 per cent share of the total variance in party group cohesion is due to the party group leaders. About 40 per cent of this leader component can be accounted for by their experience inside the European institutions, their career prospects, and their ideological positions.