The power of legislative hot air: Informal rules and the enlargement debate in the European parliament

Integration theorists disagree over the extent to which the European Parliament can substantially influence policy‐making processes in the absence of formal agenda‐setting power. This article discusses the impact the European Parliament had on the current enlargement negotiations. Although the legislature does not yet possess the means to alter the stance of the European Council, it has tried to reverse the status quo through the use of its informal bargaining power. We argue based on a principal‐agent framework of analysis that the effectiveness of this strategy is largely a consequence of the ability to speak with one voice. The article evaluates various mechanisms to help the European Parliament build a unified position. It refutes socialisation and specialisation theories, showing that party group pressure towards a unified position overrode national concerns and constituted a necessary precondition in the development of an integrationist attitude. A statistical analysis of the pre‐bargaining positions inside the Foreign Affairs and Security Committee largely confirms the insights from qualitative interviews with participants and observers.     

Reforming parliament in the United Kingdom: The report of the commission to strengthen parliament

This article explores the effects of new media upon representative democracy. It begins by considering the lessons from studies of the effects of previous communication media, such as television. A survey of British MPs' use of and attitudes towards new media is reported, as is another survey of British citizens' attitudes towards new media and political institutions. The article concludes by suggesting that systemic changes to democratic representation might occur as a result of new media and setting out some principles likely to result in the best use of new media in representative democracies.     

Devolution and party change: Candidate selection for the 1999 Scottish parliament and Welsh assembly elections

The article analyses the candidate selection procedures of each of the major parties in the run‐up to the 1999 Scottish Parliament and Welsh Assembly elections, assessing the extent to which they reveal developments in party democratisation and decentralisation on the one hand, and evidence of countervailing central control on the other. Procedural innovations achieved greater openness in candidate nomination and gender balance in candidatures but developments in democratisation were contested and evidence of decentralisation was mixed. Surveys of candidates reveal a perception in the Labour Party that there was too much central influence, although its implications differed in Scotland and Wales. There were perceptions of unfairness and lack of internal democracy in the other parties as well, suggesting in particular a contradiction between central influence in all of the parties’ approaches to list selection and candidates’ expectations of such influence diminishing. Devolution, therefore, released tensions in all parties.     

Checks and balances in a unicameral parliament: The case of the Danish minority referendum

Parliamentary students from James Madison onwards have argued that bi‐cameral legislatures provide more efficient checks on parliamentary majorities than unicameral legislatures. Yet there is a growing tendency to abolish second chambers or to establish unicameral parliaments. This note challenges the case for bicameralism through a study of Art. 42 of the Danish Constitution (which allows one‐third of the MPs to demand a referendum on bills enacted by the majority in the Folketinget). It is formally shown that the minority veto efficiently prevents the majority from enacting changes to the status quo without acknowledging the position of the minority party. The findings are contrasted with survey findings and interviews with MPs.     

Dyadic Representation in a Westminster System

Is policy representation in contemporary Westminster systems solely a function of programmatic national parties, or does the election of legislators via single‐member districts result in MPs whose policy positions are individually responsive to public opinion in their constituencies? We generate new measures of constituency opinion in Britain and show that, in three different policy domains and controlling for MP party, the observed legislative behavior of MPs is indeed responsive to constituency opinion. The level of responsiveness is moderate, but our results do suggest a constituency‐MP policy bond that operates in addition to the well‐known bond between voters and parties.     

Forging a new political culture: Plenary behaviour in the scottish parliament

Part of the appeal of creating a new Scottish Parliament lay in the ability of legislators to re-define the institutional culture of politics. For advocates of change, the Westminster system, with its emphasis on adversarial and male-dominated politics, turned citizens off politics. Devolution advocates argued that a Scottish Parliament, composed of a new type of politician and operating according to modernised rules, would better serve the public. The four principles of the Consultative Steering Group report included among them references to a more open and accessible political system. The 1999 elections introduced a number of new faces but among the 129 Members of the Scottish Parliament (MSPs) are a number of sitting and former local councillors, Members of Parliament and party workers. This article examines these individuals and their behaviour in the first year of plenary debates to determine whether the social characteristics of these MSPs, their gender, their partisan ties or their previous political experiences affects the likelihood of a new model of political debate. It argues that initially the political experience of MSPs affected their levels of participation but that increasingly, position within the Parliament exerts a greater influence. Some social characteristics such as gender, however, continue to influence the extent and manner of participation.     

Strong parliament of a small eu member state: The Finnish parliament's adaptation to the EU

If even the minister participating in the meeting of the Council of Ministers does not know the agenda of the day, not to say anything of whether the minister has all relevant documents available, how can anyone imagine that the Parliament could influence the decisions?

The Finnish Ex‐EU minister Mr Pertti Salolainen (Cons).¹

The article gives a presentation of the Finnish Parliament's early adaptation to EU membership. Our main argument is that the Finnish Eduskunta is stronger that the other national parliaments with respect to dealing with EU issues, because the Eduskunta is pro‐active and because the whole Parliament, all standing committees included, is involved in the preparation of Finnish national EU policies before decisions are taken in the Council of Ministers. The Finnish Parliament is thus in a strong position to influence in advance, on an established routine basis, the position of the Finnish representative in the Council of Ministers. We also point out some practical and informational problems, and analyse the main procedural and organisational reforms inside the Eduskunta. Utilising interviews with the party functionaries in the Eduskunta, the article ends with a discussion on the main problems facing the Finnish parliamentarians, a way forward and some conclusions.     

Representation in Westminster in the 1990s: The ghost of Edmund burke

Why are ‘trustee’ notions of representation still invoked in the UK House of Commons in the 1990s? In answering this question this article analyses the premises of Burkean theory and the arguments that these premises are of little relevance in the late twentieth century. Despite these dismissals of trusteeship, Burkean ideas are still articulated in the Commons some 200 years after they were first voiced. The idea of trusteeship can prove extremely useful to justify the actions of representatives when those actions conflict with constituency ‘opinion’, party policy or the wishes of interest groups. Examples of the occasions when Burkean notions have been invoked in the 1990s are provided.     

The legal constitution: United Kingdom parliament and European court of justice

Membership of the EC has transformed the legal status of the UK parliament. Prior to British accession, Acts of Parliament were the supreme law of the land, unchallengeable in any court. This paper argues that EC membership raised the courts ‐ national as well as European ‐ above parliament and that at the time of accession parliamentarians were almost wholly unaware of this fundamental change. The author links MPs’ ignorance to the highly political, rather than legal, nature of the British constitution and traces the evolution of their constitutional understandings. Identifying a new dynamic interplay between British judiciary and parliament, the study argues that the creeping hegemony of law within constitutional politics merits continuing analysis by legislative scholars.     

Social and legal alienation: The case of aboriginal peoples in Canada

The concept ‘alienation’ has become a relatively common expression in contemporary society, the usage of which often belies the varied meanings it has had historically and in contemporary literature. Using the sociology of knowledge, an historical analysis of the use of ‘alienation’ in law, the social sciences, and religion reveals a rich and varied tradition. ‘Alienation’ arose with a positive religious meaning and subsequently became a cornerstone for the new property rights of an emerging capitalist economic order. In this new industrial order, social critics gave a negative meaning to ‘alienation’ that became the basis for the social scientific concept. The legal freedom to alienate property has arguably led to the marginalization of certain segments of society. A specific example of this process can be found in the struggles of Aboriginal peoples against their colonizers. Through the process of legal alienation, Aboriginal peoples lost not only their land, but their culture and self-worth. In recent years, Aboriginal peoples have attempted to reduce their social alienation through a variety of de-alienation strategies, including social, political, and legal struggles. One tactic has been land claim litigation. Therefore, through efforts to obtain legal alienation of land, Aboriginal peoples strive to reduce their social alienation and oppression.     

澳大利亚司法、议会及政府的关系

从宪政意义上说,澳大利亚维多利亚州实行的是议会民主制。我们现在宪法制度的大部分内容,是在1852年维多利亚议会制定的宪法中规定下来的。 在这部法律作出的制度安排中,三权分立原则得到了充分的体现。我们的朋友,美国最高法院首席大法官伦奎斯特先生,曾经断言三权分立原则是美国人的发明。但实际上很清楚,它的发明者是十八世纪的法国思想家盂德斯鸠。他认为在一个国家当中,维护公民的权利和利益的最佳途径,应当是实行权力分立以及分设不同的政府机构,而不是把权力托付给一个国家机构或组织。 自孟德斯鸠时代以来,在民主国家,国家权力传统上分为行政权、立法权和司法权,分别授予政府、议会和法院行使。     

The Timing of Cabinet Reshuffles in Five Westminster Parliamentary Systems

Despite their political prominence, cabinet reshuffles have not attracted a great deal of scholarly attention. We provide a theory of cabinet reshuffles that emphasizes both systematic and time‐varying causes. In particular, we argue that prime ministers employ cabinet reshuffles to retain power in the face of both intraparty and electoral challenges to their leadership. We use repeated‐events duration models to examine the timing of cabinet reshuffles in Australia, Canada, Ireland, New Zealand, and the United Kingdom in the period 1960–2001, and find support for several of our hypotheses.     

Designating the official opposition in a Westminster parliamentary system

Of all Westminster‐type representative assemblies, Canada's presents an unusually high number of cases where parties rank equal in second place, disputing the role of official opposition, both in the aftermath of an election or during a parliamentary session when party fortunes change. Although exceptional, the phenomenon is not at all uncommon; however, the uncertainty that characterises each of its occurrences indicates that no general rule has ever been drawn from doctrine or jurisprudence, as attested by the latest (1999) decision rendered by Speaker Scott in Nova Scotia. Thus, speculation persists whenever the situation presents itself. This paper attempts some rulings based on the distinction of context proper to 12 historical cases studied. It may help remove the uncertainty that plagues democratic systems in Canada as well as in any other Westminster‐type legislatures around the world.     

The New York State Insanity Defense Reform Act of 1980: a legislative experiment

Through a statistical analysis of major changes in postacquittal procedures of the Insanity Defense Reform Act of 1980 (IDRA 1980), the study reveals the Act's success in formalizing, regularizing, juridicizing, accelerating, and extending to all acquittees psychiatric examinations and review and release procedures. Although more persons are reviewed and released at postacquittal hearings than in the matched pre-1980 cohort, fewer enter nonsecure facilities at commitment or during first 18 months of hospitalization, and fewer are released at the six-month review. After 18 months more acquittees remain inmates in secure facilities. Interviews with leading figures in the formulation and enactment of IDRA provide retrospective and prospective judgments on insanity defense reform issues.     

Woman's Right to Know Act: a legislative history

This article provides a comprehensive legislative history of North Carolina's Woman's Right to Know Act of 2011. The Act requires informed consent and a mandatory twenty-four hour waiting period for abortion, thus protecting a woman's right to make an informed choice. Informed consent provisions and mandatory waiting periods give individuals making decisions the information and time necessary to make informed choices. The Act further provides that an ultrasound be performed and explained no less than four hours and no more than seventy-two hours before the abortion. The article first provides a brief overview of sources of legislative history recognized in North Carolina. It then details the history of the Woman's Right to Know Act, from the first informed consent bill introduced in 1981, to the passage of the 201l law, and to the federal court case that followed. Finally it provides specific objections that were raised against the bill and responses to each. Legislators considering similar legislation need to be aware of the opposition they inevitably will encounter when passing such a bill. The author expects that this history and the ultimate success of North Carolina will encourage other states' legislators and lawyers and give them the tools to make their case effectively.