Free Vote Patterns in the New South Wales State Parliament

This research note examines patterns of MPs’ voting behaviour during ‘conscience’ or ‘free’ votes on three ‘morality politics’ issues in the lower house of the New South Wales state parliament in Australia: adoption rights for gay couples; scientists’ use of therapeutic cloning; and the status of the Sydney Medically Supervised Injection Centre. First, the research note reviews the literature on conscience voting and hypothesises that party will be the main predictor of voting patterns, but also establishes that previous studies have almost exclusively focused on national legislatures. Next the research note discusses methodological issues. Third, it presents the analysis of free vote patterns in the New South Wales parliament on the three ‘morality politics’ issues, along four key variables: party; sex; social ideology; and religion. The analysis of voting in the New South Wales parliament challenges existing explanations of free voting, where party is the key predictor of voting patterns. Intra-party unity figures show that party membership is a weaker predictor of voting behaviour in the two main political parties in New South Wales than in either the Australian parliament or in overseas parliaments. It is argued that at the subnational level other factors are more important in explanations of free vote patterns.     

Parliament,public engagement and legislation in Bangladesh: a case study of Domestic Violence Act of 2010

ABSTRACT

This paper examines the process of enactment of the domestic violence bill in Bangladesh. One of the distinctive features of the bill, passed in 2010, was that it originated in civil society and widespread public engagement characterised its enactment process. The paper explores the factors that encouraged different actors to agree to enact the law. There are, however, not many examples of parliament–CSO interaction in the legislative process. The paper identifies reasons that discourage engagement in other areas of public concern. Prominent among the reasons underlying weak public engagement in the legislative process are: monopoly of the government in the legislative process and its eagerness to pass laws in haste, dominance of part-timers in parliament, legal restriction on ‘independent’ voting in parliament, over-centralization of power in political parties and politicisation of CSOs.     

Plays,Performances and Power Struggles – Examining Copyright's ‘Integrity’ in the Field of Theatre

This article explores the notion of ‘integrity’ under copyright law by analysing examples of 'integrity‐based objections' in the field of theatre. These objections typically involve playwrights objecting to changes being made to their copyright works by other parties, such as directors and actors. This analysis is deepened by the use of two concepts from the field of art theory – ‘aura’, as put forward by Walter Benjamin, and ‘trajectory’, as outlined by Bruno Latour and Adam Lowe. Finally, to shed further light on the issues raised, the work of Pierre Bourdieu is used to present new empirical research recently undertaken by the author in the field of UK theatre. This research demonstrates that ‘power struggles’ are a common feature of theatrical collaboration; that copyright is deeply implicated in the way such power struggles are conceived; and moreover, that resolving these power struggles successfully – including taking account of ‘integrity‐based objections’ – is crucial to theatrical practice.     

Granting the Right to Vote for the European Parliament to Resident Third‐Country Nationals: Civic Citizenship Revisited

The EU grants rights to third‐country nationals (TCNs) and strives to approximate their rights to those of Union citizens. Up to now, the approximation has extended to social and economic matters. This article investigates whether political rights, notably voting rights for the European Parliament (EP), should also be approximated. To this end, the analysis applies Dahl's democratic principles of ‘coercion’ and ‘all affected interests’ as well as Bauböck's principle of ‘stakeholding’ to the position of TCNs in the EU. Against that background, it explores the relevance of arguments for and against granting TCNs the right to vote in European elections and submits that voting rights should be granted to long‐term resident TCNs. The author then proposes including TCN voting rights in the legal framework for EP elections and concludes by suggesting the use of the concept of civic citizenship to express political approximation of TCNs to EU citizens.     

Norms,Institutions, and Institutional Facts

Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding (‘conventions’); some articulated in context of two-tier normative order: ‘rules’, explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, ‘institutional facts’ depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either ‘absolute application’ or ‘strict application’ or ‘discretionary application’, depending on second-tier empowerment. Discretion can be guided by values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: ‘constitutive rule’ rejected in favour of ‘underlying principle’, structure of ‘institutive, consequential and terminative’ rules explained and defended. Ruiter's conception of ‘institutional’régime' considered and adopted, validity of norms and normative 'régimes' considered and differentiated from truth of statements of institutional fact.     

The Impact of Party and Ideology on Roll‐Call Voting in State Legislatures

To assess the relative impact of party and ideology on legislative behavior, I utilize survey‐based measures of legislator ideology to examine voting in five state legislatures. The results suggest that, although party and ideology both influence voting, the impact of party is greater. The magnitude of this impact varies, however, from chamber to chamber. The activity of parties in the electoral arena explains part of this variance, with more active parties having more influence. Thus, research on legislative behavior should focus on the context surrounding the decision‐making process in order for us to understand the influences on voting.     

From Global to Anthropocenic Assemblages: Re‐Thinking Territory,Authority and Rights in the New Climatic Regime

In a widely read study, Saskia Sassen uses the territory, authority, rights (TAR) framework in order to analyse the transformation of social life in the West from ‘medieval’ to ‘global’ assemblages. In the context of rapid, planetary climatic change – with many claiming that we have entered a new and climatically uncertain epoch known as the Anthropocene – does the TAR framework provide the relevant conceptual resources required to understand the ‘Anthropocenic’ assemblages of the present? This article examines the limitations of Sassen's TAR framework, arguing that alterative theoretical resources are required in order to grasp the changing dynamics of social life in the context of the new climatic regime.     

A Fresh Look at Stock Market Short‐termism

In this article, we develop a novel understanding of stock market short‐termism as a social phenomenon. Contrary to formerly popular academic belief, short‐termism is a problem that is highly unlikely to be structurally self‐correcting. An important driver of short‐termism typically elided within standard legal‐academic analyses is the informational centricity of modern stock markets, and resulting pressure on corporate managers to generate fresh ‘news’ indicative of perceived business ‘progress’. We highlight the growing enthusiasm of policy‐makers for a discriminatory ‘two‐tiered’ approach to public company investor relations. Accordingly, long‐term and committed investors are expected to be brought into the company's governance ‘inner circle’, while other investors are implicitly relegated to lowertier ‘outsider’ status. We argue that this supports a discriminatory approach to the allocation of voting entitlements in newly listing companies, enabling committed investors to develop cooperative and sustained governance relations with management unencumbered by ‘outside’ stock market pressures for short‐term financial‐performance outcomes.     

Party Size and Constituency Representation: Evidence from the 19th‐Century U.S. House of Representatives

Research on congressional parties assumes, but has not directly shown, that party size affects individual members' calculations. Drawing on a key case from the nineteenth‐century House—the secession‐driven Republican hegemony of 1861—this article explores the hypothesis that party voting not only declines but also becomes more strongly linked to constituency factors as relative party size increases. The analysis reveals that the jump in party size coincides with (1) a decrease in party voting among individual continuing members, (2) a strengthening association between some constituency factors and party voting, and (3) patterns of decline in individual party voting that are explained in part by constituency measures.     

The Proposed ‘Common European Sales Law’: Legal Framework and the Agreement of the Parties

The European Commission's Proposal for a Regulation on a Common European Sales Law (‘CESL’) seeks to create a European scheme of contract law available for parties to choose to govern cross‐border contracts for the sale of goods, supply of ‘digital content,’ and for the supply of related services. This article explains the background to the Proposal, sketches out the purposes and scope of the CESL, and considers and criticises its legal framework (and in particular its relationship with private international law) and the key requirement of the parties’ agreement. In the author's view, the CESL scheme remains an unconvincing basis for the achievement of its economic purposes and, as regards consumer contracts, puts too much reliance on the agreement of the consumer as a justification for the loss of their existing protection under EU private international law rules.     

Reconsidering Transferred Loss

The Supreme Court's recent reconsideration of the ‘transferred loss’ exception stopped short of clarifying why it is justified at all. The usual candidates are that it applies to loss transferred with property, or operates more broadly to vindicate the claimant's interest in performance. This note suggests that neither is a sound basis for the rule, and that the promisee ought generally to be entitled to sue for loss suffered by third parties, but is obliged to pass on the damages he recovers.     

Family biography,fertility and memory-making in an AIDS-affected South African site

The critical challenges of AIDS and poverty in post-apartheid South Africa impact the ways in which memories are articulated and family and fertility histories ultimately constructed. This article considers three life histories written in the course of ethnographic work on women's childbearing conducted intermittently between 1998 and 2014, and typical of other histories in the same peri-urban locale. Personal accounts of a mother and her two daughters initially centre on domestic strife and adversity – and the family as a whole is represented as struggling and disunited. In the aftermath of the death of one of the daughters from AIDS in 2001, the memories and discourse are subtly reworked by the two women in ways that are meant to counteract stigma, reclaim dignity and defend the family. The paper focuses on reproductive dynamics and memory-making in a hardship-driven and AIDS-affected setting and on the ethnographer's endeavours in witnessing, interviewing and making sense of people's ‘intent’ and ‘the urge to forget, to go on living’.     

A Comparative Analysis of Trends in Regional Development in Russia and Ukraine

The electoral law under which the elections of 12 December 1993 were held suffered from many flaws and clearly was not well suited to Russia's political realities. In particular, importing a proportional voting system, which presupposes established parties and stable value orientations among the population, onto Russian soil raises grave doubts. A simple majority system, preferably with two rounds, would be substantially better suited to Russia at the end of the twentieth century, with its political parties resembling voters' clubs and with most of its citizens not yet having perceived themselves as part of any social group or having socialized their own interests. However, a special study, based on a comparison of the voting results for candidates and for party lists in electoral districts, is needed to confirm this hypothesis.     

‘Reasonable Offers’ As a Defence to Unfair Prejudice Petitions: Prescott v Potamianos

It is long established that a ‘reasonable offer’ for a petitioner's shares can defeat an unfair-prejudice petition. Lord Hoffmann gave guidance about such offers in O'Neill v Phillips. Now, in Prescott v Potamianos, the Court of Appeal has set out three factors that help to determine in general whether an offer is ‘reasonable’. Those factors are: the value offered; the likelihood of implementation; and the proximity to the unfairly prejudicial conduct. The Court's guidance is useful for lawyers and their clients, as well as being broadly favourable for petitioners. But the Court emphasised that the unfair-prejudice jurisdiction is based on fairness and so requires a considerable degree of flexibility. Such flexibility impairs the certainty that Lord Hoffmann was seeking to promote, and may create difficulties for parties making or receiving offers.     

Rising crime rates amidst transformations in Eastern Europe: Socio‐political transition and societal response

Unprecedented and dramatic increases in crime rates in countries of Eastern Europe (data are available to document the increases for Poland, Bulgaria, Romania, the Czech Republic, Slovakia, and many of the former Soviet Republics) raise the issue of whether the political and social transformations that have been taking place in Eastern Europe must inevitably lead to social disruption and resulting crime increases. Since the nature of the phenomenon is historically unique (there has never been a similar revolutionary transition from socialism to capitalism), a new, unconventional, and innovative theoretical approach is needed to account for the phenomena being discussed here. Assuming that the transformations can be legitimately subsumed under the concept of ‘‘socio‐political process,’’ the purpose of the paper is to identify some basic and inherent characteristic features of the causal mechanism at work, specifically —?''How do the dynamics of the Eastern European socio‐political process explain the rising crime rates?'’ (''What causal factors inherent in the dynamics are responsible for the crime rises?'') Another issue to be examined is that because of the unprecedented nature of the process being talked about here, a different dimension of the socio‐political process theory must be realized and examined. The paper will be based on three hypotheses: 1. The Eastern European transformations imply a need for a new component of the socio‐political process theory (transition from socialism to capitalism, not vice versa as has historically been the case).

2. To the extent that crime is a product of socio‐political change, crime rates are bound to increase much more during a socialism‐to‐capitalism transition rather than during a capitalism‐to‐socialism transition.

3. Some inherent traits of socialism‐to‐capitalism transitions explain why crime rates increase much more during those transitions than during capitalism‐to‐socialism ones.

     

Portfolio Allocation within Parties: The Role of Regional Party Branches

One of the most persistent findings in coalition research is the proportionality rule (‘Gamson's Law’) that guides the allocation of portfolios between parties. This article tests the assumption that a similar rule is at work within parties. More specifically, it examines the allocation of ministerial posts to regional party branches in 25 post-war cabinets in Austria between 1945 and 2008. Drawing on the literature on party organisations, three types of resources (membership, vote and population shares) are identified, all of which account for a substantial part of the variation in the shares of cabinet seats awarded to each party branch. The analysis thus bears out the proportionality proposition to a significant degree. Furthermore, it is shown that there is considerable cross-party variation in the allocation patterns, which reflects differences in the organisational structure of the parties.     

“It Takes a Coalition”: Coalition Potential and Legislative Decision Making

This article empirically illustrates the value of coalition formation in legislative bargaining. I argue that legislators’ potential to form powerful coalitions, their coalition potential, is essential to their ability to obtain preferred policy outcomes. Using data on the European Union's legislative process, I show that coalition potential significantly increases legislators’ success. Moreover, the value of coalition potential depends on the voting rules used to pass legislation. For example, under the unanimity voting rule, the importance of coalition potential is insignificant because of the veto power held by each legislator.     

Distinguishing Between Influences on Brazilian Legislative Behavior

Ideal point estimators hold the promise of identifying multiple dimensions of political disagreement as they are manifested in legislative voting. However, standard ideal point estimates do not distinguish between ideological motivations and voting inducements from parties, coalitions, or the executive. In this article we describe a general approach for hierarchically identifying an ideological dimension using an auxiliary source of data. In the case we consider, we use an anonymous survey of Brazilian legislators to identify party positions on a left‐right ideology dimension. We then use this data to distinguish ideological motivations from other determinants of roll‐call behavior for eight presidential‐legislative periods covering more than 20 years of Brazilian politics. We find that there exists an important nonideological government‐opposition dimension, with the entrance and exit of political parties from the governing coalition appearing as distinct shifts in ideal point on this second dimension. We conjecture that the Brazilian president's control over politically important resources is the source of this dimension of conflict, which has recently become far more important in explaining roll‐call voting than the ideological dimension.     

Families,Foreignness, Migration

Introducing the special issue on ‘Families, Foreignness and Migration. Now and Then’, this essay starts from the observation that in Western Europe migrating with or without one's family in the last century was increasingly shaped by state policies. As a result, migrants' identities and family experiences not only depended, and still depend, on their cultural backgrounds but also on very time-specific politics of foreignness and citizenship. The essay's main argument is that comparing and deconstructing perceptions, policies and practices of ‘family’ and migration help to overcome the limited attention given to age and kin in the study of gender and migration. From an overview of contributions to this interdisciplinary issue, it is clear that deconstructing ‘family’ in migration studies should be developed further along three axes: child migration, the multi-level analysis of family and migration, including societies of origin and migrant organizations, and the comparison of ‘visible’ and ‘invisible’ migrants, which contributes to uncovering the relationship between foreignness, gender and age.     

Free voting in a provincial parliament: The case of ‘same‐sex’ legislation in Ontario, 1994

Previous research on parliamentary free voting, which has been confined exclusively to national parliaments and almost exclusively to the British House of Commons, has found relatively little constituency impact on members’ voting decisions, even on the most contentious issues of social policy. Since sub‐national parliaments tend to be smaller, less professionalised, and (arguably) ‘closer to the people’, it is possible that a more significant ‘constituency connection’ might be observed in these legislative arenas. This study extends the literature on this topic by empirically examining the fate of a recent homosexual rights bill in the Ontario Legislative Assembly. Contrary to expectations, none of the constituency characteristics used in logistical regression models generates a significant MLE coefficient, suggesting that Canadian provincial legislators may be even less sensitive to constituency preferences than their national counterparts.