Democratic Incongruities: Representative Democracy in Britain

This essay discusses the rationale guiding legislation dealing exclusively with political parties. The analysis is based on examination of party laws in Austria, Finland, Germany, Israel, Poland, Spain and Venezuela. The manner by which a particular legislature applies the general features of party law‐ legislation (general declaration regarding the role of parties in democracies, definition of parties, registration requirements, the democratic character of association in parties, regulation of party finance, legal sanctions) is demonstrated in reference to the Israeli party law, the most recent case of an established democracy whose legislature passed a parties law in 1992.

Throughout the analysis, the study addresses a question of principle: should a legislature comprised of representatives of political parties undertake to legislate laws regulating the activities of political parties in a democratic parliamentary system? It is suggested that a partial response to this question is found in the fact that, with the exception of Finland and Israel, democratic polities that have chosen to legislate party laws had previously experienced a collapse of their democratic systems. In the process of reforming their democratic structures, the legislatures in these polities enacted parties laws that would ensure that political parties perform functions commensurate With the goals and practices of modern democracies.     

Memory Laws: An Escalation in Minority Exclusion or a Testimony to the Limits of State Power?

The article addresses the tension between nation‐state memory and the law through “memory laws.” In contrast to laws that ban genocide denial or a positive perception of a violent past, I focus on laws that ban a negative perception of a violent past. As I will show, these laws were utilized for a non‐democratic purpose in the last decade or more: They were proposed in order to limit public debate on the national past by banning oppositional or minority views, in contrast to the principles of free speech and deliberative democracy. Their legislation in such cases also stands in opposition to truth‐telling efforts in the international arena. I compare two cases of memory legislation, in contemporary Russia and Israel, and evaluate their different impacts on democratic public debates in practice. A third case of “failed legislation” in France compliments the analysis by demonstrating not only the capacity but also the limitation of state power to silence or control public debate using the law. Although national laws often reflect majority culture and memory, I propose that memory laws in Russia, Israel, and France present an escalating degree of minority exclusion—from omission to active banning.     

Vehicles of opposition influence or agents of the governing majority? Legislative committees and private members’ bills in the Hungarian Országgyűlés and the Israeli Knesset

ABSTRACT

In this article, we assess the role and the strength of the legislative committee system of two legislatures: the Hungarian Országgy?lés and the Israeli Knesset, by looking at the fate of private member bills over the past four legislative cycles (1998–2014 in Hungary and 2006–2019 in Israel). We find that Israeli committees allow opposition PMBs to succeed at a significantly higher rate than Hungarian committees do, even though the formal properties of the two committee systems are very similar: during the examined period, more than one-fifth of the laws that were passed by the Knesset were initiated as opposition sponsored PMB, whereas the corresponding number in the Országgy?lés was only one per cent. The central reason for this unexpected divergence in the success rate of opposition sponsored PMBs, in spite of a favourable institutional setting shared by the committee systems of the two parliaments, may lie in the different degrees of party concentration in the two legislative party systems.     

论革命根据地的证券法律制度

中国共产党在民主革命时期,曾利用证券这一特殊的融资手段服务于根据地的军事、经济需要。根据地的证券主要有饭票、米票、粮草票、本票、赈灾券、公债券、股票等。配合证券的发行,形成了颇具特色的根据地证券法律。这些法律散见于党和人民政府颁布的纲领、决议、指示、以及政府、企业颁布的条例、章程之中。根据地的证券法是很粗疏、简陋的,甚至也不用证券法这样的名称。但毋庸置疑的是,它为中国革命的最终胜利做出了贡献。解放后,这些证券都得到了兑付。     

Rules and Speeches: How Parliamentary Rules Affect Legislators' Speech‐Making Behavior

By extending existing theories of legislative speech making, this study explores the importance of parliamentary rules governing floor debates for government and opposition parties. An original data set including speeches of members of the Italian Chamber of Deputies between 2001 and 2006 is used to test two hypotheses under different institutional scenarios, that is, rules either restricting or granting open access to the floor. Parliamentary rules are found to affect allocation of speaking time within both governing and opposition parties. Governing parties' leaders exploit their agenda control to a higher degree when allocating speaking time. Under restrictive rules, government party leaders control their MPs by essentially limiting the number of speeches and allocating them to frontbenchers. Restrictive rules give opposition party leaders an important chance to select MPs who are closer to their own position.     

法国政务公开述评

最近30年,法国在法律制度层面上采取一系列措施增强行政活动的透明度,确立了政务公开原则。在行政文件、文书的公开方面,主要确立了行政规范性文件的公布制度、行政文书的获取制度、个人信息数据库的使用与保护公民权的制度;在行政活动的公开方面,实现了行政机构及其办事程序的整体公开,公共资金使用的透明度得到加强,行政程序的若干环节引入了透明机制,行政权的行使得到行政相对人越来越多的监督。     

Wasting or saving time? How government and opposition parties use time during legislative debates. Evidence from the Italian case

The use of plenary time during legislative debates has consequences for the enhancement of party goals. Hence, parties have different preferences on how legislative time should be managed: while some parties would like time not to be ‘wasted’ on the floor, other parties may instead try to ‘consume’ as much time as possible. Speeches delivered in the plenary signal these preferences. Focusing on plenary debates on legislation, this paper proposes a theory for explaining party speech-making behaviour that takes into consideration parties’ preferences on the use of time and their incentives related to the divide between government and opposition. The theoretical argument also emphasises the role of issue salience and party cohesion, which interact with the incentives faced by government and opposition parties. Hypotheses are tested against data from over 21,000 speeches delivered in the Italian parliament. Results highlight the importance of considering the different incentives faced by government and opposition parties when analysing speech making in parliamentary settings, and suggest some interesting avenues for future enquiry.     

On State, Identity and Rights: Putting Identity First

The paper considers the nature of the state understood as the political unity articulated on the basis of a collective identity which provides the state with its capacity to make decisions. The foremost decision of the state to protect and defend this identity is the source of its authority to enforce laws. Collective identity thus represents an object of special interest, unlike both ??political?? interests (Millian other-regarding acts) and private interests (Millian self-regarding acts). The validation of laws through this special interest is a necessary condition for both of these latter kinds of interests to materialize. Hence, unlike the Millian thesis of two different kinds of interests (self- and other-regarding), here we take that there are three types or spheres of interests. Any conception of rights, then, will cover a subset of interests found in the domains of all of those three types of interests: in the domain of political interest the issue concerns selection among competing sets of legitimate interests, within the domain of private interests the point is to discern those that will be protected by law, while the third type of interests, the object of which is a unique collective identity and its defining specificity, represents an overarching interest that is embedded in any legitimate collective concern. In this scheme, well-suited for democratic theory, the majority/minority discourse is a matter of distinguishing which particular set of legitimate interests is chosen to be dominant (e.g., which political party is in power) and which ones are waiting for the opportunity to achieve their transformation from minority (opposition) to majority (i. e. government). If, however, there is no well-defined collective identity, minorities acquire a new meaning. Rather than being possible future majorities, they form a nucleus of competing collective identities with, sometimes hopeless but still alive, aspirations to sovereignty. Thus they become sources of likely conflicts that may go well beyond political controversies.     

Vocational education and training legislation in Central and Eastern European countries, the New Independent States and Mongolia (the partner countries). Experience of the European Training Foundation

The aim of this article is to give readers a brief insight into the legislative reforms underway in education and training (VET) in the countries of Central and Eastern Europe, the New Independent States and Mongolia (the partner countries). It is also hoped that through this, readers will have a flavour of the process of reform in general. Legislative reform is an ongoing process. Since 1989, all countries of Central and Eastern Europe, the New Independent states and Mongolia have addressed the issue of VET reform to meet the needs of their new environment. Some have amended existing education laws, some have adopted specific new VET laws. Others still have undertaken a complete reform of their education and vocational education and training system. The important underlying message is the importance of VET and its reform to the overall democratic and economic processes of countries in transition. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Emergence of Crime Victims as a Target Group in the Swedish Social Services Act

This article examines the political motives behind the introduction of crime victim support provisions in the Swedish Social Services Act. The findings derive from a case study of the preparatory material that prefaced the legal changes that were adopted in 2001. The result shows that the explicit purpose of the provisions was to consider measures to improve the support to crime victims. To some degree the provisions can also be explained by symbolic factors. In fact, most actors in the law-making process indicate that their motives were communicative and symbolic. Support to crime victims was presumably a complicated issue for the social democratic government. Because of the economical crisis in the early 1990s, there was no scope for reforms that implied high increased costs. Yet expanding the crime victim's rights in relation to the offender, such as toughening the penal law and promoting victim impact statements, was not in line with social democratic ideology. By enacting the provisions in the Social Services Act the government demonstrated that support to crime victims was an important area of concern. At the same time, the provisions did not involve any increased costs or strengthen the crime victim's rights in relation to the offender. In this way, the provisions became a mediator that solved a difficult political dilemma for the government.     

On the Same Side of the Barricades

The author discusses the role of radical groups in the Euromaidan protest movement. She argues that extraparliamentary right-wing groups have partially displaced the Svoboda party through their actions during the protest. She also shows that during the Maidan protest, the right-wing groups maintained a truce with left-wing groups based on their shared opposition to the Yanukovych government.     

The Status of Criminal Libel in Grenada After Worme v. Commissioner of Police

In January 2004, the Privy Council, the final court of appeal for all British Caribbean states, held that a criminal libel statute providing for the two-year imprisonment of publishers libeling government officials was constitutional and consistent with a democratic society. Over the years, the constitutionality of criminal libel laws in the United States has been attacked with only marginally greater success than the Grenadian law. This article provides a background to the development of criminal libel laws in the two regions; traces the 2004 decision, the threats and actions brought against the media by the Grenadian government in its aftermath; and discusses the likely effect that it could have on the law of libel in the British Caribbean.     

依法执政的宪政思考

依法执政的宪政含义是:执政党依照宪法和法律执掌国家政权,执政党在国家体制内而不是在体制外执政,通过其组织和成员进入国家政权的各级机关、各个部门的具体方式来运作国家制度,领导国家生活。必须理顺执政党与人大机关的宪政关系,准确把握执政党与行政机关的宪政关系,完善执政党与司法机关的宪政关系。     

第三人撤销之诉的原告适格

考察我国案外人申请再审的实践可以发现,我国法院并不接受判决效力相对性原则,不能以此为据反对引入第三人撤销之诉,更不能以此作为分析第三人撤销之诉原告适格的出发点。尽管立法者希望通过第三人撤销之诉规制虚假诉讼、恶意诉讼,但从制度自身的机理出发,将该制度的目的界定为"为受生效裁判不利影响的第三人提供实体救济"更妥当。以此为基点,在对待第三人撤销之诉的原告适格问题上,应以2012年民事诉讼法第56条第3款规定的必备要件为重点,对于第1、2款规定的前提性要件,则采相对宽容的审查标准。对于有独立请求权的第三人,可将原告适格的标准界定为"对当事人争议的诉讼标的主张实体权利的人";对于无独立请求权的第三人,则采相对宽松的一般标准,不适用最高人民法院针对通知参加诉讼第三人的限制性规定。考虑到理论的周延性,必要共同诉讼人不宜作为第三人撤销之诉的适格原告。至于受生效裁判不利影响的一般债权人,较稳健的做法是诉诸实体法,通过援引民法通则第58条、合同法第52条或者合同法第74条,赋予相关债权人第三人撤销之诉的原告适格。     

The Impact of Parliamentary Specialisation on Cosponsorship

This study seeks to establish the effect of parliamentary specialisation on cosponsorship of parliamentary proposals in parliamentary systems with high levels of party unity. Existing studies on presidential systems suggest that cosponsorship is mainly related to legislators’ policy preferences. It is proposed that in parliamentary systems cosponsorship is, in the first place, structured by the division of labour in parliamentary party groups: MPs who do not have overlapping policy portfolios will not cosponsor proposals. Other explanations, such as policy distance and the government–opposition divide, only come into play when MPs are specialised in the same field. This expectation is tested using data from the Netherlands, a parliamentary system with a clear division of labour between MPs. It is found that specialisation has a very large impact on cosponsorship.     

Political and economic determinants of insurance regulation in mental health

This article studies determinants of two important sets of laws regulating insurance coverage for mental health care: mandated inclusion of minimum coverage for psychotherapy, and mandated coverage for psychologist services, the so-called freedom of choice (FOC) laws. Political market models are developed and estimated to examine the passage of mandates and FOC laws among all fifty states from 1968 through 1983. Findings indicate that a number of groups influence whether these laws are passed, including psychologists and the state, which acts both in its own interests as a direct provider of services and to protect the public's interest. A state's political system and socioeconomic environment also influence the likelihood of passage of these regulations. Our findings run counter to the assumption often made by policymakers and researchers that regulations exclusively serve the interests of providers.     

Agenda Power in the Italian Chamber of Deputies, 1988–2000

We present strong evidence that governing coalitions in Italy exercise significant negative agenda powers. First, governing parties have a roll rate that is nearly 0, and their roll rate is lower than opposition parties' roll rates, which average about 20% on all final‐passage votes. Second, after one controls for distance from the floor median, opposition parties have higher roll rates than government parties. These results strongly suggest that governing parties in Italy are able to control the legislative agenda to their benefit. We also document significantly higher opposition roll rates on decree‐conversion bills and budget bills than on ordinary bills—results consistent with our theoretical analysis of the differing procedures used in each case.     

The Impact of Partisan Gerrymandering on Political Parties

The relationship between votes and seats in the legislature lies at the heart of democratic governance. However, there has been little previous work on the downstream effects of partisan gerrymandering on the health of political parties. In this study, we conduct a comprehensive examination of the impact of partisan advantage in the districting process on an array of downstream outcomes. We find that districting bias impedes numerous party functions at both the congressional and state house levels. Candidates are less likely to contest districts when their party is disadvantaged by a districting plan. Candidates that do choose to run are more likely to have weak resumes. Donors are less willing to contribute money. And ordinary voters are less apt to support the targeted party. These results suggest that gerrymandering has long-term effects on the health of the democratic process beyond simply costing or gaining parties seats in the legislature.     

Stalemate in the States: Agenda Control Rules and Policy Output in American Legislatures

This article examines how the power of majority‐party leaders to set the legislative voting calendar influences policy change in American state legislatures. By generating an opportunity for party leaders to exercise gatekeeping or negative agenda control, such rules introduce an additional partisan veto player into a system of governance. This addition typically increases the size of the core or gridlock interval, which drives policy change downward. Using both traditional data on bill passage counts and new data on Affordable Care Act compliance, I find strong support for these claims. More specifically, when I calculate core sizes that are sensitive to agenda rules, I find that agenda‐control‐adjusted core size is negatively correlated with policy change, as expected. Moreover, even when I match states on their overall preference dispersion or polarization, the ability of party leaders to exercise negative agenda control is strongly negatively associated with policy change.     

The Influence of the Global Order on the Prospects for Genuine Democracy in the Developing Countries

There is much rhetorical and even some tangible support by the developed states for democratisation processes in the poorer countries. Most people there nevertheless enjoy little genuine democratic participation or even government responsiveness to their needs. This fact is commonly explained by indigenous factors, often related to the history and culture of particular societies. My essay outlines a competing explanation by reference to global institutional factors, involving fixed features of our global economic system. It also explores possible global institutional reforms that, insofar as the offered explanation is correct, should greatly improve the prospects for democracy and responsive government in the developing world.