Executive Encroachments on the Independence of the Commonwealth Auditor-General

Until recently Commonwealth governments have been able to have very extensive executive intrusions in public sector audit accepted largely as benign and untainted by political interests, thereby maintaining an illusion of an unfettered, autonomous public sector audit function. An interpretation of independence has been embedded which has been at odds with the operational reality. A conditional form of independence has been promoted as substantive independence and has thereby created multiple and often conflicting beliefs about what is and what ought to be the nature of independence in public sector audit. Differences in the independence of the person of the auditor-general have been confused with the independence of the office.     

Shifting the Balance? Parliament, the Executive and the British Constitution

This article examines the paradoxes of parliamentary reform. Focusing mainly on the House of Commons, the first section highlights the contradictory roles of parliament and utilizes a distinction between the 'Whig' and 'Peelite' conceptions of the Whitehall-Westminster model to demonstrate the ambiguities and tensions that exist. This framework is then applied to a case study of parliamentary reform under Labour governments since 1997 in the second section. The third section emphasizes that parliament cannot be studied in isolation. It suggests that the British constitution is at a critical historical, political and institutional juncture in which a number of inter-linked emerging agendas are altering the relationship between parliament and the executive. The significance of these emerging agendas is that, unlike internal reform of parliament, they are largely beyond the executive's control. The combined influence of these factors is likely to impel the executive, at some point, to support a coherent and far-reaching reappraisal of the structure, role and powers of parliament. Consequently the degree to which Britain ( de facto ) remains a parliamentary state will be subject to intense and increasing debate.     

Australian Federalism and the Debate Over a Bill of Rights

Successive Australian Labor governments have tried to nationalizestandards for the protection of rights either by means of astatutory bill binding on the states under the Commonwealth'smuch expanded external affairs power, or by further entrenchingspecific rights in the Constitution. All these attempts havefailed for a variety of political and constitutional reasonsincluding, importantly, the strength of Australia's establishedsystem of federalism and parliamentary responsible government.The article examines the constitutional issues underlying thedebate over a bill of rights for Australia, arguing that Labor'sattempts to implement a bill of rights have been inspired bya preference for more centralized government whereas the defeatof such initiatives indicates, the established strength of Australianfederalism.     

The Who,When, and Where of Executive Nominations: Integrating Agency Independence and Appointee Ideology

In recent years, scholars have expended considerable efforts to understand the executive appointment process and the forces influencing the choices made by the president and the Senate. However, some factors integral to theoretical models have not been well integrated empirically, and other relevant factors have not been incorporated much at all. Here, we focus on one determinant corresponding to the former critique—nominee ideology—and another corresponding to the latter—the independence of decision makers in the targeted agencies. We examine a series of theoretically driven hypotheses regarding the effects of both ideology and independence on who gets nominated and if and when nominees are eventually confirmed. Results show nominee ideology and decision maker independence matter a great deal and factor into presidential strategic choices and senatorial responses in ways according to expectations. Our findings have important ramifications for understanding appointments empirically and for future theoretical development.     

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.     

A Framework for Reforming the Independence and Accountability of Statutory Officers of Parliament: A Case Study of Victoria

Considerable attention has been given to the independence of auditors-general in the literature. However, there are other officers of parliament who also have roles that may require protection from the excessive use of power by the executive arm of government. In response to the recent Public Accounts and Estimates Committee Inquiry into a Legislative Framework for Victorian Statutory Officers of Parliament, the study compares the enabling legislation of four Victorian officers of parliament in terms of their powers, independence, funding and mandate as well as the accountability mechanisms available to parliament in terms of their appointment, tenure and oversight. The four officers are: the auditor-general; the ombudsman; the regulator-general; and the director of public prosecutions. A number of notable differences in the enabling legislation are identified and reform options for strengthening such legislation are presented.     

Congress,the Supreme Court,and Judicial Review: Testing a Constitutional Separation of Powers Model

Recent scholarship suggests that the U.S. Supreme Court might be constrained by Congress in constitutional cases. We suggest two potential paths to Congressional influence on the Court's constitutional decisions: a rational‐anticipation model, in which the Court moves away from its preferences in order to avoid being overruled, and an institutional‐maintenance model, in which the Court protects itself against Congressional attacks to its institutional prerogatives by scaling back its striking of laws when the distance between the Court and Congress increases. We test these models by using Common Space scores and the original roll‐call votes to estimate support in the current Congress for the original legislation and the Court's preferences over that legislation. We find that the Court does not appear to consider the likelihood of override in constitutional cases, but it does back away from striking laws when it is ideologically distant from Congress.     

Strategic Eurosceptics and polite xenophobes: Support for the United Kingdom Independence Party (UKIP) in the 2009 European Parliament elections

While Euroscepticism is the most important driver of United Kingdom Independence Party (UKIP) support, other attitudinal drivers – namely dissatisfaction towards mainstream parties and xenophobia – are also important. Examining vote‐switching between first‐ and second‐order elections evidence is found of a distinction between two types of supporter: more affluent and middle‐class ‘strategic defectors’ from the mainstream Conservative Party who support UKIP to register their Euroscepticism, and more economically marginal and politically disaffected ‘core loyalists’ who are attracted to UKIP by its anti‐immigration rhetoric and populist anti‐establishment strategy. UKIP also succeeds in attracting core support from groups such as women who have traditionally rejected extreme right parties such as the British National Party (BNP). This suggests that UKIP is well positioned to recruit a broader and more enduring base of support than the BNP.     

丑命生德:《逸周书》中的人性、道德与制度

作为西周时代的重要典籍,《逸周书》提出了"丑命生德"这一命题,把对人性的理解和对政治的讨论结合了起来.《逸周书》认为人天赋本性的主要内容是乐生恶死的欲望,为了防止人对满足欲望的过度追求而导致的恶行,就必须依靠君王的教化.君王若想有效地实施这种教化,就要在社会的各个方面确立法度.法度的确立不只是政治上的实践技艺,它必须依靠君王以己度人的德性才能实现.这种对君王德性的强调与当时的政治需要息息相关.殷周之变后周王朝通过宗法制的建立扩大了王权,"丑命生德"便是在理论上证明王权合法性的代表观点.     

Separated Powers in the United States: The Ideology of Agencies,Presidents, and Congress

Government agencies service interest groups, advocate policies, provide advice to elected officials, and create and implement public policy. Scholars have advanced theories to explain the role of agencies in American politics, but efforts to test these theories are hampered by the inability to systematically measure agency preferences. We present a method for measuring agency ideology that yields ideal point estimates of individual bureaucrats and agencies that are directly comparable with those of other political actors. These estimates produce insights into the nature of the bureaucratic state and provide traction on a host of questions about American politics. We discuss what these estimates reveal about the political environment of bureaucracy and their potential for testing theories of political institutions. We demonstrate their utility by testing key propositions from Gailmard and Patty's (2007) influential model of political control and endogenous expertise development.     

Sexual Harassment: The Nexus Between Gender and Workplace Authority: Evidence from the Australian Public Service

Sexual harassment in the workplace is commonly portrayed as the male supervisor harassing female subordinates. Within this popular characterization, the unequal distribution of formal, organizational power is believed to be a necessary precondition for sexual harassment. The traditional cultural image of harassers and targets has however not kept pace with changing workplace realities. Research has indeed found that female supervisors may in fact be more likely to be subjects of sexual harassment. This article uses survey data from the Australian Public Service to explore this kind of contrapower harassment. Results indicate that a strong link between gender, workplace authority, and sexual harassment exists, but also that this relationship is strongly influenced by age.     

Political Belonging in a Neoliberal Era: The Struggle of the Sans-Papiers

This article argues that political belonging should be understood in the context of diverse spatial imaginaries which encompass but are not confined to the state. Engin Isin's approach to citizenship provides a theoretical grounding for this claim. By way of demonstration, the article focuses on the spatially reconfigured practices of the neoliberal state in relation to irregular migration. It shows how the policing of irregular migration sustains a logic of political belonging based on connections between state, citizen and territory. This logic is simultaneously compromised by transnational state practices including the exploitation of irregular migrant labour. Irregular migrants are contesting their positioning within these multidimensional statist frameworks that posit them as outsiders even while they are integrated into local sites of a global political economy. The struggle of the Sans-Papiers, a collective of irregular migrants in France, provides an example in this context. Their claims to entitlement also mobilize multiple dimensions of political belonging and provide insight into transitions in political community, identity and practice.     

When politics prevails: Parties,elections and loyalty in the European Parliament

In many political systems, legislators serve multiple principals who compete for their loyalty in legislative votes. This article explores the political conditions under which legislators choose between their competing principals in multilevel systems, with a focus on how election proximity shapes legislative behaviour across democratic arenas. Empirically, the effect of electoral cycles on national party delegations’ ‘collective disloyalty’ with their political groups in the European Parliament (EP) is analysed. It is argued that election proximity changes the time horizons, political incentives and risk perceptions of both delegations and their principals, ‘punctuating’ cost‐benefit calculations around defection as well as around controlling, sanctioning and accommodating. Under the shadow of elections, national delegations’ collective disloyalty with their transnational groups should, therefore, increase. Using a new dataset with roll‐call votes cast under legislative codecision by delegations between July 1999 and July 2014, the article shows that the proximity of planned national and European elections drives up disloyalty in the EP, particularly by delegations from member states with party‐centred electoral rules. The results also support a ‘politicisation’ effect: overall, delegations become more loyal over time, but the impact of election proximity as a driver of disloyalty is strongest in the latest parliament analysed (i.e., 2009–2014). Furthermore, disloyalty is more likely in votes on contested and salient legislation, and under conditions of Euroscepticism; by contrast, disloyalty is less likely in votes on codification files, when a delegation holds the rapporteurship and when the national party participates in government. The analysis sheds new light on electoral politics as a determinant of legislative choice under competing principals, and on the conditions under which politics ‘travels’ across democratic arenas in the European Union's multilevel polity.     

Yan,Xuetong. Leadership and the Rise of Great Powers

Journal of Chinese Political Science -