The parliamentary activity of the head of government in Ireland (1923–2000) in comparative perspective

This article examines the parliamentary activity of the head of government in Ireland in selected years from 1923 to 2000 and compares the findings with previous studies of the British and Canadian systems. The results show that, similar to the UK and Canada, there is variation in the level of parliamentary activity in Ireland from one head of government to another. However, contrary to the British and Canadian experience, in the Irish case the data show that the head of government's overall level of parliamentary activity has generally increased over time. In short, Irish heads of government are not necessarily more active than their contemporary British and Canadian counterparts. However, in a number of respects they are certainly more active than their Irish predecessors used to be. These findings suggest that there is now a greater degree of indirect accountability in the Irish system than was previously the case.     

When Territory Matters: Parliamentary Profiles and Legislative Behaviour in Italy (1987–2008)

This paper ponders the question of whether Members of Parliaments' (MPs) previous experiences and personal attributes may have any impact on the way they behave once elected. In agreement with a recent stream of literature, the authors hypothesise that MPs with strong territorial roots might behave as agents of the local community, promoting its interests and demands in their parliamentary activity. The assertion that individual biographies influence legislative activity in parliamentary democracies runs counter to the commonly held view that in this kind of institutional setting, legislative assemblies are dominated by parties, leaving little room for individually oriented behaviour and little incentive to do anything that is not coordinated by party organisations. The article builds an original ‘index of localness’, the main independent variable, based on the place of birth and previous political experience at local level of MPs. Then, taking into account territorially targeted Private Members' Bills as a proxy for the territorial behaviour of each legislator, the hypothesis is tested by looking at both aggregate evidence and individual-level data. Aggregate data support the hypothesis, as they show a monotonically increasing relationship between the two variables: the more a legislator is linked to his/her territory, the more (on average) he/she will sponsor bills concerning the local area. Individual-level data confirm this finding, as the correlation between the two variables also holds when entering a number of control variables.     

Picking up the pace – legal slowness and the authority of the judiciary in the acceleration society (a Dutch case study)

This paper inquires into the nature of the crisis haunting the judiciary in our contemporary society. Drawing upon the work of Hartmut Rosa, it is stated that our society is an acceleration society and that this puts the judiciary under great pressure. The resulting crisis is twofold since it is both of an organizational and fundamental nature. The focus of this paper is on the – in our view – underexposed latter crisis because of its effect on the very core of the judiciary, namely the legitimacy and authority. The judiciary is confronted with the demand to speed up, whereas the nature of the legal system seems to reject an accelerated tempo and even needs a certain degree of slowness to communicate its accuracy. It is not just the process of acceleration that erodes or at least changes the authority of the judiciary but it concerns a complex interplay of expectations induced by acceleration, both externally by justice seeking citizens and internally by the judiciary’s own management and politics, and how these expectations are met, or not. This is illustrated by a case study on the position of the Dutch judiciary, but holds true for other national and international adjudication as well.     

The uncertain future of data retention laws in the EU: Is a legislative reset possible?

The article discusses the CJEU's most important case law, including interpretations presented in recent cases relating to data retention for both national security purposes (Privacy International, La Quadrature du Net) and the fight against serious crime (H.K). The analysis is a starting point for discussing the draft e-Privacy Regulation, in particular a controversial proposal introduced by the EU Council that may limit the Court's jurisdiction in cases involving data retention rules that cover state security.Negotiated over the past five years, the draft e-Privacy Regulation fleshes out EU data protection rules governing electronic communication services. As a result, the way in which obligations under the Regulation are defined is critical in setting a standard for retention rules consistent with CJEU case law for decades to come. At the same time, succumbing to pressure from Member States may have the opposite result – the emergence of new ambiguities concerning not only the admissibility of data retention but also the competence of EU institutions to regulate this area of the telecommunications sector.     

Property versus political holdouts: the case of the TGV rail line Lyon–Budapest in Italy

The law and economics literature commonly justifies the state’s taking power on the grounds that it is necessary to overcome holdouts and, thus, allow efficient development projects to move forward (A development project is efficient when the benefit it generates exceeds its cost.). By permitting the government to take private property rights non-consensually, the taking power limits the ability of private property owners to engage in strategic bargaining with the government and puts a cap on their ability to extract payments from the government in exchange for agreeing to transfer their rights. In this paper, I will argue that the standard story is highly incomplete and, therefore, inaccurate. It conveniently ignores the ability of politically powerful groups to block development projects by exercising their de facto veto power over proposed projects. Such groups do not necessarily have rights in any properties directly affected by the project. Once these groups, whom I call “political holdouts”, are added to the analysis, it becomes clear that the payment of just compensation—or any other aspect of eminent domain law and regulatory takings jurissprudence—will not help to remove their opposition and, a fortiori, cannot guarantee efficient development. I will explore the phenomenon of “political holdouts” and analyze its causes. As I will show, political holdouts are ubiquitous. Political holdouts may arise with respect to most of what passes for public policy projects, under either the aegis of eminent domain or the government’s police power, and also with respect to non-NIMBY projects. This observation may seem counterintuitive at first. However, one should consider that efficient development projects create a surplus over which powerful interest groups compete. As should be clear, what is of interest to localities and political groups is not the overall utility of a particular development project, but rather their payoff from it. Municipalities may oppose projects that benefit them simply to increase their share of the overall surplus generated by the project. Hence, the problem I point out is significant and acute. In the remainder of this paper, I will discuss in depth how the problem of political holdouts affected the construction of a fast train line (the Lyon–Torino–Milano–Trieste–Khoper–Ljubljana–Budapest TGV line) in northern Italy.     

Father–child relations in France: Changes in paternal authority in the nineteenth and twentieth centuries

The history of fathers is one of the most suggestive lines of inquiry for understanding adolescents. The power of a father over his children, whether minors or those that had reached their majority, is a simple power, but one that became more complicated. The article assembles the elements needed to illustrate major trends in the long history of paternity. The adoption of the Civil Code in 1804 marked the triumph of a patriarchal system. More than 150 years later, the law of January 4, 1970 abolished paternal authority and replaced it with parental authority. Now, the father could only share parental authority with the mother on the strict condition that he is legally married to her. This seems like a linear movement, but it should be noted that it follows an earlier similar shift.     

Father–child relations in France: Changes in paternal authority in the nineteenth and twentieth centuries

The history of fathers is one of the most suggestive lines of inquiry for understanding adolescents. The power of a father over his children, whether minors or those that had reached their majority, is a simple power, but one that became more complicated. The article assembles the elements needed to illustrate major trends in the long history of paternity. The adoption of the Civil Code in 1804 marked the triumph of a patriarchal system. More than 150 years later, the law of January 4, 1970 abolished paternal authority and replaced it with parental authority. Now, the father could only share parental authority with the mother on the strict condition that he is legally married to her. This seems like a linear movement, but it should be noted that it follows an earlier similar shift.     

Regulation of incivilities in the UK,Italy and Belgium: Courts as potential safeguards against legislative vagueness and excessive use of penalising powers?

In recent years, the legislators in the UK, Italy and Belgium have progressively empowered local authorities to subject sometimes already criminalised and harmful, but also some relatively harmless uncivil conduct to intrusive and punitive measures deeply affecting individuals' rights. However, judicial action in these three countries has been recently trying to restrain the (illegitimate) use of penalising powers of local authorities by delivering interesting liberty-safeguarding decisions. This paper firstly describes the (expanded) regulation of incivilities in the three aforesaid European countries. Secondly, it focuses on two criteria that inform judicial review of legislative and administrative action, namely the principle of legality and the principle of proportionality. Thirdly, it examines the case law of English, Welsh and Scottish courts, along with Italian and Belgian courts, and shows how courts can safeguard the individual's rights and freedoms against (illegitimate) penalisation of conduct that is deemed anti-social or uncivil at the local level.     

Homicide of children and adolescents in Mexico (1990–2013)

The trends and correlates of child and juvenile homicide rates in three developmental age groups (0-5, 6-11, and 12-17) during 1990–2013 in Mexico are examined by using vital statistical data. Homicide rates for adults and children were calculated yearly and the place where homicides occurred and the means used to commit homicide examined. Changes and continuities in homicide rates during 2002–2007 and 2008–2013 and their association with socio-economic, status of women, public security efforts, and firearm availability variables were studied. Homicide rates increased rapidly for adults and children in 2008 as did the rates in which a firearm was used. Rates for adults and children 0–5 years were particularly correlated. In some states, the youngest children’s rates increased by 75% or more than the rates for adults. High-increase states for younger children were closer to the U.S. border, were farther from abortion services, and had growing rates of female-headed households.     

Equity in English Contract Law: the Impact of the Judicature Acts (1873–75)

Just before the Judicature Acts came into force, the equity bar objected that the new court would be dominated by common law judges, whose ignorance of equity would ‘endanger the very existence of Equity jurisprudence’. This objection, though ridiculed at the time, can be seen in retrospect to have had some substance. In respect of several important aspects of contract law, notably unfairness, mistake, and privity, former equitable approaches were, after 1875, effectively marginalized both by the courts and by the writers of treatises on English contract law.     

Lord Cooke of Thorndon (1926–2006): 51 Years in the Law

This article provides an in‐depth analysis of the landmark ‘cash for query’ judgment of the Constitutional Bench of the Supreme Court of India. The scope of parliamentary privileges in India, as well as in England and America, is examined, particularly with respect to the jurisdiction of the courts. The present position in the law of parliamentary privileges in India was laid down in the case of Raja Ram Pal v The Hon’ble Speaker, Lok Sabha, &; Ors. The Supreme Court of India has extensively dwelled on the matter and has delivered a judgment, which is by far the most comprehensive decision in this field of law. The author notes in the analysis that the difference between the English and Indian constitutional systems is of crucial significance. The conflicts between the judiciary and parliament in England arose because of the sovereignty of parliament, and the judiciary had to fight for every inch of its jurisdiction in England. The judiciary had to contend with Parliament not only as a legislative body, but also by virtue of being the ‘High Court of Parliament’, as a superior court. Because of these reasons, the case law from British constitutional history does not have strict applicability in India. The decision of the Supreme Court of India in Raja Ram Pal v The Hon’ble Speaker, Lok Sabha, &; Ors, is a clear expression of a very basic feature of the Indian constitutional mechanism: where the Constitution is the supreme law of the land, and all governmental organs, which owe their origin to the Constitution and derive their powers from its provisions, must function within its framework.     

Aspects of the evolution of extra-legal protection in Bulgaria (1989–1999)

In this paper I look at the interplay between organised crime, law, and the state and argue that the evolution of organised crime organisations in Bulgaria was shaped by the dynamic transformation of the legal and economic environment during the 90s, by policies of the state, such as, for example, the regulation of the private security and insurance industries (in 1994 and 1998 respectively), which mafia-like organisations used as fronts for their activities during the 90s and by the ability of organised crime organisations to adapt to the constantly changing conditions. In the first section of the paper I look at the emergence of the private security and private protection industries in Bulgaria with an emphasis on the development of organisations using the threat of violence to settle disputes, discourage competition, retrieve stolen property and collect debts. In the second section of the paper, I follow the transformation of certain type of private security companies into insurance companies, which directed their activities at properties liable to risk, for instance cars and small shops. They enjoyed an advantage over ordinary insurance companies because they possessed greater information about the risks, which could affect the property of their clients, for example theft (car theft in particular). The concluding section discusses the development of silovi grupirovki (the Bulgarian name for organised crime organisations) after 1998 when a very strict licensing regime for insurance companies was introduced and alleged to be mafia-like organisations were removed from the insurance market.

Aspects of childhood in rural Greece: Children in a mountain village (ca. 1900–1940)

This essay examines childhood in a mountain village in central mainland Greece during the early 20th century and the interwar period. It gives an overview of an analytical case study conducted by the author within the context of the project “Historical Archives of Greek Youth” at the Greek National Research Center. The article draws on various sources, although principally on oral evidence. After a brief survey of the general and local socioeconomic context, it looks at children's lives and socialization inside and outside the household, focusing on family economy and interfamilial relationships within the context of home, school, community, and play, and tracing the relations of these domains to family and household. It points to the existence of childhoods rather than childhood, defined by gender and the specific socioeconomic position of the family. It argues that rural mountain society in Greece did not see its future in agriculture and examines the extent to which school education of boys functioned as a means of family urbanization and social mobility. Children alternated between traditional social structures and urban living patterns.     

The Review of the Development of Legal Science in China (1949–2009)

The legal science of the People’s Republic of China has experienced the stages of formation, reinstating and innovation over the past 60 years. Today, the legal field is flourishing. While the construction of different branches of law has been accomplished, there is still a long way to go in realizing democracy and rule of law in China. Jurists need to develop a heightened awareness of their social responsibility and the urgency with which to adapt the development of law to Chinese societies. Only under these circumstances can we effectively promote democracy and rule of law in China.     

Fatal attraction: An analysis of employee boundary violations in a southern prison system, 1995–1998

Prison employees are trained to maintain their distance from prisoners and to do their job professionally without personal entanglements or abuse of prisoners in any way. Efforts are made to ensure that those who enter the correctional service serve honorably; these efforts, however, do not prevent some prison employees from ending their careers in disgrace. Some employees engage in career-ending infractions whereby they are suspended and/or reprimanded; some are terminated for engaging in inappropriate relationships (or boundary violations) with inmates. This paper examines boundary violations among 508 Texas state prison security staff members disciplined between January 1, 1995 and December 31, 1998.     

Exercising control and gathering information: the functions of interpellations in Hungary (1990–2014)

The article investigates the factors shaping the number and content of interpellations, a form of parliamentary questions by members of parliament (MPs) in post-regime change Hungary. Four theoretical propositions regarding the functions of interpellations are examined in this context: political control; policy-oriented information seeking; parliamentary group leadership; and constituency service. A new database of 4096 observations for the period between 1990 and 2014 is compiled in order to analyse these hypotheses. Computer-assisted content analysis techniques and count data regressions are used to describe the text of interpellations in terms of their geographical and policy content. Results show that opposition MPs interpellate more, whereas representatives of single-member districts and regional lists interpellate less than their peers. Representatives from single-member districts and regional lists make more reference to local issues in general, but not to their own district or county. Finally, policy specialisation increases the likelihood of submitting pertinent parliamentary questions.