The Public Legitimacy of the National Assembly for Wales

This article examines the public legitimacy of the National Assembly for Wales. Both the Assembly and the broader system of devolved government for Wales initially enjoyed very limited public support. It is shown that support for devolution in general has risen substantially, while some elements of public attitudes towards the Assembly itself now appear distinctly positive. However, it is also demonstrated that public legitimacy, defined as ‘diffuse support’ for the Assembly, remains limited. The article then examines what factors explain levels of diffuse support for the National Assembly. It is found that variation in such support is best accounted for by factors associated with ‘non-material consequentialism’: perceptions of the impact of the Assembly on the process of government. The conclusion assesses the implications of the findings for the National Assembly, as well as for the study of devolution and political institutions more generally.     

List of Contributors

Events in eastern Europe have changed the forms of British assistance to other parliaments. Instead of taking advantage of the links of the Commonwealth, the British government now uses the Know How Fund to give non‐partisan assistance to legislatures in the former eastern bloc, and funds the Westminster Foundation for Democracy to help parliamentarians from other countries and to advise political parties. British political parties determine a proportion of the Foundation's activities. Aid to legislatures is part of a general policy for promoting democracy, an important aspect of bilateral assistance and an element in the reorientation of Britain towards Europe. British efforts in this field have been overshadowed by better funded competitors from other countries. But they have nevertheless helped to develop fresh conceptions of ‘political aid’.     

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.     

The economic transformation of Eastern Europe: the case of Poland

This article identifies the main features of Poland's radical transition to capitalism-stabilization program, trade liberalization, and privatization reform. The ‘shock therapy’ adopted by Poland in 1991 is presented as the most effective approach, though not without political risk. In fact, the major threat to Poland's transition process is the emergence of well organized ‘interest groups’ putting increasing demand on the government to relax financial restrictions and re-open large-scale subsidization. These political pressures have already caused a slowdown in the privatization program, so that there is a possibility of the renewal of rapid inflation. Several methods for accelerated privatization, including the distribution of vouchers and setting up investment funds to manage portfolios of shares, are discussed in detail.     

Are There Methods of Reasoning on ‘Meta‐Legislation’? The Interpretation of Legislative Competence Norms within the Methodology of European Constitutional Law

Legislative competence norms are paradigmatic elements of European constitutional law and the supranational, post‐federal era. The article aims to address legislative competence norms from the viewpoint of methodology by considering significant features of reasoning on European legislative competence norms. The discussion will be based on understanding legislative competences as ‘meta‐legislation’. That concept encompasses a substantive rather than formalistic, and a politically informed rather than strictly positivist account of legislative competences and their methodology. Against that background, the interpretation of competence norms is assessed. Subsequently, the process of interpretation is discussed according to judicial practice, constitutional theory and general legal methodology. A consideration of the significance of the—usually vast—wording of competence norms completes that discussion. Finally, consequences about the political inclusiveness of interpreting competence norms and the issue of ‘clarity’ are drawn. A conclusion summarises the results.     

‘We are not asking you to hug each other,but we ask you to co-exist’:1 the Kosovo assembly and the politics of co-existence

This article examines the role of parliament in the promotion of co-existence in post-war Kosovo. The vast majority of Kosovans are ethnic Albanians who aspire to independence; Serbs constitute the largest minority and are opposed to independence so Kosovo's politics are deeply divided. It considers Kosovo's social divisions, the political consequences thereof and the institutional measures put in place by the United Nations to try and moderate the influence of the divisions in the legislative process. The principles and objectives underpinning the Assembly, including those derived from Yugoslav constitutional history, are explored via the problem of ‘constitutional nationalism’ and its consequences. The Assembly has a range of complex procedures that are designed to promote the protection of minority rights and encourage power-sharing between the various communities. The article examines their operation and effectiveness in a political context of deep mistrust and, as the events of March 2004 demonstrated, continued violence.     

Extra-parliamentary behaviour in Northern Ireland: MLAs and constituency service

Little is known about the attitudes and behaviour of Northern Ireland’s subnational legislators (Members of the Legislative Assembly, or MLAs) beyond their activities at Parliament Buildings, Stormont. This article provides the first analysis of MLAs’ extra-parliamentary behaviour through a mixed-methods study of their constituency service. The study finds that MLAs attach considerable importance to constituency service, devoting more time to its provision than to parliamentary duties. Noticeable variation exists between and within parties in terms of constituency service effort, although unionist MLAs tend to have a stronger constituency focus than non-unionist MLAs. Variation in constituency service effort at the individual level has more to do with MLAs’ role orientations than electoral incentives. In terms of their home style, MLAs exhibit local behaviour that is more characteristic of their contemporaries in the Republic of Ireland than their counterparts in the rest of the United Kingdom.     

The Compensation Culture: Cliché or Cause for Concern?

The ‘compensation culture’ has featured frequently in the popular press over the last decade. There have, however, been comparatively few academic studies and such studies as there have been have largely focused on personal injury claims. A compensation culture, if it exists, could extend much wider than that. This article compares the exponential increase in the use of the term ‘compensation culture’ in the national printed media since 1995 with available statistics relating to the Queen's Bench, County Courts, and employment tribunals. Far from spiralling upwards, these statistics show a broad decline across a range of claims with the exception of claims before the employment tribunals, where the government has created a slew of new heads of claim. In order to counter the misconceptions founded by the popular media, and to allow for greater scrutiny, more attention should be paid to the collection and dissemination of judicial and claims statistics.     

Parliamentary Consociationalism in Lebanon: Equal Citizenry vs. Quotated Confessionalism

This article sheds light on the governance dilemma in a deeply divided post-conflict Lebanese sectarian society undergoing democratic transition. It assesses consociational democracy as a working model institutionalised by Lebanon in light of the country's composition of multiple religious minorities. In particular, it focuses on the political forces shaping the current Lebanese National Assembly (parliament) within the confessional structure and analyses the prospect and impasses confronting the development of a stable and representative assembly. Analysis of the Lebanese parliament is made in light of five assessment areas identified as fundamental for the emergence of a stable democratic institution: political will and domestic support, representation, lawmaking, oversight, and management and infrastructure. After revealing the deep-rooted deficiency of quota-based confessional representation, the article provides institutional transitional reform recommendations that could increase the likelihood for the legislature to better fulfil the critical functions of representation, oversight, and lawmaking vital for democratic transition. The realisation of consociational democracy in Lebanon, the article argues, would require the eventual adoption of proportional representation as a means of moving the country from a ‘confessionally quotated’ to ‘equal citizenry’ based representation.     

The double-design dilemma: political science,parliamentary crisis and disciplinary justifications

Two separate, but inter-linked, dilemmas have highlighted the importance of design-led thinking. First, the crumbling physical fabric of the Palace of Westminster has prompted a multi-billion rebuilding project, which will require the parliamentary studies specialism to engage with questions of design, space, and architecture. Separately, political science more generally has been challenged to utilize the insights of design-thinking and design-practice: a challenge to which it is culturally and methodological ill-equipped. This article considers what a design-led approach to political science looks like in theory, and in practice, in the case study of the Restoration and Renewal of the Palace of Westminster. This represents a first attempt at how such a fusion could be beneficial for both politics as theory and politics as practice. The main conclusion is that although design-orientated political science is not a panacea for the challenges of modern democratic governance – in intellectual or practical terms – it does appear to offer significant potential in terms of theoretically-informed but solution focused research.     

Resisting ‘progressive’ carceral expansion: lessons for abolitionists from anti-colonial resistance

This article documents a government-led strategy to more closely integrate policing with community-based ‘crime prevention’ programming in the city of Winnipeg, Manitoba, Canada. These initiatives have targeted neighborhoods with large Indigenous populations. In this article I illustrate how community-level conflicts over responses to ‘crime’ are also sites of settler colonial conflict, and how settler colonial governance is reproduced and resisted through the governance of crime. Interviews with politicians, policy-makers, bureaucrats in the crime prevention branch of the provincial government, and directors and employees at community-based organizations suggest that the pursuit of the government strategy of integrated crime prevention and suppression has been more a project of attempting to ‘manage’ urban Indigenous people than serve their interests. As a contribution to abolitionist thought and theory, this article profiles sites of conflict between community police and community-based organizations over definitions of the ‘crime’ problem in city-center Winnipeg. These examples highlight a kinship between carceral abolitionist and decolonial politics.     

Regulatory Domain and Regulatory Dexterity: Critiquing the UK Governance of ‘Fracking’

This article provides a critique of the UK government's regulatory response to ‘fracking’. It shows how government has adopted two distinct schemas of regulation, which may usefully be classified under the headings ‘regulatory domain’ and ‘regulatory dexterity’. These schemas rely on very different interpretive conventions and are in many ways contradictory. Yet, government uses both ‘domain’ and ‘dexterity’ arguments simultaneously in order to advance its policy in favour of fracking. The article explains how two seemingly different regulatory approaches work together towards the same policy goal, and highlights the role of law in facilitating technological development.     

Constitutional Balance in the EU after the Euro‐Crisis

This article analyses how the European Union's response to the euro‐crisis has altered the constitutional balance upon which its stability is based. It argues that the stability and legitimacy of any political system requires the structural incorporation of individual and political self‐determination. In the context of the EU, this requirement is met through the idea of constitutional balance, with ‘substantive’, ‘institutional’ and ‘spatial’ dimensions. Analysing reforms to EU law and institutional structure in the wake of the crisis – such as the establishment of the ESM, the growing influence of the European Council and the creation of a stand‐alone Fiscal Compact – it is argued that recent reforms are likely to have a lasting impact on the ability of the EU to mediate conflicting interests in all three areas. By undermining its constitutional balance, the response to the crisis is likely to dampen the long‐term stability and legitimacy of the EU project.     

A breed apart? Northern Ireland's MPs at Westminster

This article examines the marginal role played by Northern Ireland (NI)'s MPs in Parliament. Sectarian conflict, party fragmentation, and regional administrative reorganisation over the last 25 years have heightened the local visibility of NI MPs, with the result that most place a low priority on active participation at Westminster. While Northern Ireland's future constitutional status dominates the political agenda, differences among the province's major parties on this issue have had little effect on how MPs approach constituent matters, intercede with government agencies, or define their representational role. Northern Ireland's MPs tend to have a particularistic perspective, a clientelist orientation, and little practical experience in consensus‐building across communal divisions.     

The inverted postnational constellation: Identitarian populism in context

As exemplified by the pan‐European ‘Identitarian movement’ (IM), contemporary far‐right populism defies the habitual matrix within which right‐wing radicalism has been criticised as a negation of liberal cosmopolitanism. The IM's political stance amalgamates features of cultural liberalism and racialist xenophobia into a defence of ‘European way of life.’ We offer an alternative decoding of the phenomenon by drawing on Jürgen Habermas's ‘postnational constellation.’ It casts the IM's protectionist qua chauvinistic populism as ‘inverted’ postnationalism, engendered through territorial and ethnic appropriation of universal political values. As such, inclusionary ideals of cosmopolitan liberalism and democracy purporting humanistic postnationalism have been transformed by Identitarians into elements of a privileged civilisational life‐style to be protected from ‘intruders.’ Remaining within the remit of the grammar of the postnational constellation, trans‐European chauvinism, we contend, is susceptible to inclusive articulation. Foregrounding radical emancipatory social transformation would however require not more democracy, but a principled critique of capitalism.     

Keeping national parliaments informed: The problem of European legislation

Since Maastricht there has been a growing realisation in the institutions of the European Union, that the unfettered flow of information is vital to the health of the whole European project. Some moves have been made towards more transparent decision‐making, but progress has been slow and is limited by a culture which values confidentiality, particularly in intergovernmental negotiations. The free flow of information is especially important to national parliaments if they are to exercise any influence in the EU. The House of Commons Select Committee on European Legislation has recently pronounced the scrutiny system to be ‘in deep crisis’ because of chaotic decision‐making and a disregard for the rights of national parliaments. Many Westminster MPs feel frustrated by the difficulty of keeping track of EU legislation. The paper suggests that the ingredients of an improved information system already exist. A wealth of current information can be derived from EU‐related electronic databases and through direct links between the European Parliament and national parliaments. It proposes that a new current awareness service for the House of Commons, distributed via the parliamentary network and as hard copy, could focus information for MPs in a much more accessible way.     

数字治理下的“风险压力-组织协同”逻辑与领导注意力分配——以A市“市长信箱”为例

大量的信件诉求进入“市长信箱”,为什么有的得到领导批示,有的则没有?基于A市“市长信箱”探究领导注意力的影响因素,研究发现,上级政府强调的“一票否决”事项是地方领导在回应性政府活动中注意力的指挥棒,组织协同目标也通过领导注意力的选择性分配得到实现,领导注意力在科层运行中呈现出“风险压力-组织协同”逻辑,即符合“一票否决”事项的信件、需跨部门协作解决的信件诉求更可能获得情感强度越高的领导批示,且“一票否决”的风险逻辑优先于组织协同的“协同”逻辑。论文的研究价值不仅在于从“注意力分配”的视角探究互联网政治体系中的政府行为,还揭示了数字治理具有政治性与技术性二重属性的事实。     

Is academic freedom under threat in UK and US higher education?

This article explores the concept of academic freedom and whether it is under threat in US and UK higher education. How is ‘academic freedom’ protected by the law in each country? What are the threats to ‘academic freedom’—from government micro-management of universities, from commercial sponsors of university research, from managerialism/corporatism within university governance, from political correctness on the campus, from alumni-donors and the funders? Specifically, is academic freedom within UK universities challenged by recent anti-terrorism legislation; and in the USA by the neo-conservative ‘Academic Bill of Rights’ campaign? The conclusion is not pessimistic concerning the viability of academic freedom in both countries, but counsels wariness in watching out for threats if another McCarthy era is to be avoided.     

‘European Governance’ or Governmentality? The European Commission and the Future of Democratic Government

The word ‘governance’ has become an increasingly central policy motif in the European Union and elsewhere yet its meanings are ambiguous and often poorly understood. This article examines the genealogy of that concept focusing in particular on the European Commission's claim to have developed a new, more open and progressive model of ‘European governance’. The paper is set out in four steps. The first analyses the European Commission's claims for ‘governance’ as a concept integral to its new vision for Europe. The second interrogates some of the conflicting definitions and meanings inherent in the term and examines the highly selective paradigm of governance that has been developed in official Commission discourse. The third addresses two specific areas where the Commission's governance model has been applied: the Green paper on The Future of Parliamentary Democracy and the Open Method of Coordination. The fourth turns to analyse these findings using critical social theory. I conclude that far from laying the grounds for a more inclusive, participatory and democratic political order, the Commission's model to governance represents a form of neoliberal governmentality that is actually undermining democratic government and promoting a politics of exclusion.