A Spatial Analysis of the Italian Second Republic

The Optimal Classification method is applied to a newly created data set to provide a spatial map of the Italian Second Republic (1996–2008). A bi-dimensional political space was found in the XIII Legislature and virtually a one-dimensional political space in the XIV and XV Legislatures. In addition, the main dimension is explained along the government–opposition dimension rather than on the traditional left–right dimension. During the Second Republic, Italy experienced changes in the electoral system and in the format of parties. The data are used to discuss the implications of either change on the dimensionality space. It was found that the format of the party system was a more important determinant of the dimensionality of the political space than changes in the electoral system.     

Differences and Changes in Danish Party Organisations: Central Party Organisation versus Parliamentary Party Group Power

The subject of this article is the relationship between the central party organisation and the parliamentary party group. The article investigates whether Danish political parties are changing into parties dominated by their parliamentary party groups, as has been hypothesised. In contrast to most of the literature on party change, which is based on ideas of convergence caused by external changes, this article argues that party organisation is basically a party decision and therefore influenced by party preferences and characteristics. The analyses are based on data from the statutes of 16 Danish parties in over 50 years. One noteworthy finding is that Danish parties do not converge. Party ideology proves to be very important for the power structure of a party. Even though political parties are exposed to changing political circumstances they still organise according to their basic ideas about democracy and representation.     

论善意取得制度中善意要件的证明

《物权法》第106条确立的善意要件的证明责任规则,只能解释为主张善意取得的第三人负担证明责任。尽管善意要件的证明有一定难度,但通过间接证据的运用、经验则的援引以及对方当事人事实主张责任的加重,证明该要件是完全可能的。立法论上关于这一问题的讨论,需要结合诸如进攻者角色、盖然性衡量、证明接近之类的实质性因素,以及公示方式与交易习惯、诉讼程序的实际运作、法律政治考量之类的外部因素进行。     

在宪法与政党之间

宪法与政党之间的内在关联是:一方面,宪法源于政党,宪法是政党活动的产物,不同文化背景之下的政党制度塑造了不同类型的宪法制度;另一方面,政党依赖于宪法,执政党的执政地位尤其依赖于宪法提供的正当性与合法性。在当代中国的语境下思考宪法与政党之间的关系,可以发现这样一个现实:中国宪法是中国共产党领导人民制定的,中国宪法是党的主张的法律化——这种判断,已经得到了承认,但是,中国共产党享有的执政地位对于宪法的依赖关系,却没有引起足够的重视;因此,应当认真对待“中国共产党依宪执政”这样一个重大的时代课题。     

Party Cohesion in the Danish Parliament

This article formulates a comprehensive and systematic taxonomy of micro level explanations of party cohesion; party cohesion being understood as party group members acting in unity externally. This apparatus is used in an analysis of party cohesion in the final divisions in the Danish Parliament, where cohesion figures are among the highest in the liberal democratic world. The investigation is based on interviews, survey data and data on voting behaviour. The main explanations of the high level of cohesion are the absence of disagreement in the party groups and a moral commitment to the party. Variation among MPs, parties and topics is also documented and discussed. The cohesion of each party and the compliant behaviour of individual MPs are related to the importance MPs ascribe to representing their party. Furthermore, divisions on moral issues, EU integration and local matters show lower than normal degrees of cohesion.     

The electoral connection of ministerial selection in the UK

Many studies have examined the determinants of ministerial selection. However, the effect of electoral incentives on government post allocation has so far not been studied in the literature. Drawing on data from the United Kingdom over the period 1992–2015, this article investigates the relationship between the selection of ministers and the electoral interests of the actors in this selection process – party leaders and members of parliament (MPs). The findings demonstrate that the greater the electoral safety of constituencies, the more likely are MPs to have a higher office. The results reveal a broader conception of party strategy in government formation than previously documented. The paper thus suggests that electorates can affect the allocation of ministerial positions in the UK.     

动产物权登记制度研究

登记是几类重要动产物权的公示方法,其主要功能在于公示动产物权的变动.动产物权登记的效力也有生效要件主义和对抗要件主义之别,我国现行立法采取的是一种折中主义或者说是一种混乱的立场,物权法应当将之统一为对抗要件主义.登记对抗力的本质是未经登记的物权变动在当事人之间业已完全有效成立,在对第三人的关系上亦非绝对无效,仅该受让物权的当事人不得对抗善意第三人主张物权变动的效力而已.对于第三人,应采限制说.我国未来的物权法或者民法典物权编应当统一动产登记的公信力规则,即统一赋予动产登记以公信力.     

What Role for the Party Group Leader? A Latent Variable Approach to Leadership Effects on Party Group Cohesion in the European Parliament

Previous research has identified several structural and situational factors that affect party cohesion in parliamentary voting behaviour. The potential role of leadership has been neglected so far. The authors apply a latent variable approach to model leadership effects in roll call votes from the European Parliament (EP), 1979–2001. Other things being equal, their findings suggest that a small but significant 7 per cent share of the total variance in party group cohesion is due to the party group leaders. About 40 per cent of this leader component can be accounted for by their experience inside the European institutions, their career prospects, and their ideological positions.     

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.     

司法修辞方法在社会正义实现中的作用

人们关于社会正义的认识是多元的,这要求居间作出的司法判决应当经得起理性论证的检验,以防范法官选择正义立场时的任意。经得起理性检验的判决又必须借助修辞方法的使用,才能使其为判决不利方接受。在社会正义的司法实现过程中,修辞具有重要的方法论作用,但它必须在法律论证框架下使用,才符合其秉承善意而加以应用的本质。     

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.     

Examining Parties as Procedural Cartels: Evidence from the U.S. States

Procedural cartel theory states that the majority party exerts influence over legislative outcomes through agenda control. This research tests predictions from the party cartel theory in five state legislatures. I assess party influence through comparison of term‐limited and nonterm‐limited legislators. I argue that term‐limited legislators (who are not seeking elective office) are no longer susceptible to party pressure, making them the perfect means to determine the existence of party influence. The results demonstrate that party influence is present in these legislatures. I find that party influence is magnified on the procedural, rather than final‐passage, voting record which is precisely where procedural cartel theory predicts. I find lower levels of ideological consistency and party discipline among members for whom the party leadership offers the least—those leaving elective office. These results provide support for party cartel theory, demonstrating further evidence of how parties matter in modern democracies.     

Political representation in the networked society: the Americanisation of European systems of responsible party government?

The Internet provides a new technological opportunity structure for political representatives to communicate with constituents. Its potential for decentralised, interactive mass communication allows MPs to bypass intermediary organisations such as political parties and to establish a direct relationship with their constituents. Students of electronic democracy are divided over the political consequences of this technological change in telecommunications. While cyber-optimists envisage a transformation of responsible party government into a more direct, individualised type of political representation, cyber-sceptics adopt a more cautious approach and predict a reinforcement of established systems of political representation in the networked society. This article aims to develop a theoretical foundation as well as to carry out an empirical test of both positions. In the theoretical section, these two contradictory positions are modelled on the assumption that party government is a rationalistic concept. In the empirical section, both positions are tested in a statistical analysis of the use of personal websites in the German Bundestag, the Swedish Riksdag and the US House of Representatives.     

Mapping Dimensions of Conflict at the Federal Convention of 1787

Previous work on the Federal Convention of 1787 hypothesized multiple dimensions of conflict. We evaluate the dimensionality of conflict using a new method for estimating state delegation positions and proposals that incorporates the many divided votes at the convention. The results suggest that three dimensions are adequate for most analyses and the first dimension—proportional representation in the legislature—the most important. Finally, we examine how the agenda unfolds by mapping changes to the status quo throughout the convention. We conclude that, despite the lack of parties, the nature of the conflict is quite organized with a low number of dimensions.     

Electoral Rules and Legislative Parties in the Ukrainian Rada

Critics of Ukraine's single‐member district majoritarian and mixed‐member majoritarian electoral systems argue that they undermined the efficiency of the Supreme Rada by permitting nonpartisan single‐member district deputies to enter the legislature in large numbers. Such deputies changed parties and ignored party positions. This article argues that the effect of the differences in how legislators are elected is dependent upon whether legislators are partisans. The statistical analysis of party switching and party cohesion in the Rada from 1998 to 2002 shows that nonpartisan single‐member district deputies were the most likely to switch parties and the least cohesive.     

Parties' Influence during Government Policy Negotiations: Parliamentary Dynamics and Spatial Advantages in the First Italian Republic

As long as parties are interested in policies, they will always have incentives for influencing the cabinet bargaining process, although they do not necessarily shape its outcome to the same extent. Being a member of the invested government, for example, should increase the leverage a party enjoys when bargaining over the cabinet programme. Nevertheless, depending on institutional and political conditions, non-cabinet parties may also play a role in affecting cabinet policy positions. Despite being widely recognised in the theoretical literature, this point has received considerably less attention in empirical studies. By focusing on cabinet bargaining outcomes during the First Italian Republic, the article shows that spatial advantages associated with parliamentary dynamics, including those possessed by non-cabinet parties, can be no less significant in capturing policy payoffs than government membership, even after controlling for other relevant institutional and behavioural factors.     

Slavery,Partisanship, and Procedure in the U.S. House: The Gag Rule, 1836–1845

From the 24th through the 28th Congresses, the House of Representatives operated under versions of a “gag rule” that blocked petitions dealing with abolition and related matters. This article presents the gag rule as not only a historically important window into slavery deliberations in Congress but also a case study in majority party restrictions of minority rights—and in the boundaries that constituency politics can place on majority power. Through analysis of vote choices and voting changes over time, I demonstrate that the gag rule's partisan origins gave way as northern members voted against party and with specific constituency pressures as well as general sectional sentiment. The gag rule shows the power of electoral considerations and constituency in the early U.S. House, and it also illustrates the force that constituency can have over majority procedural maneuvering.     

为谁诉讼 何以信托

关于诉讼信托制度,我国理论界存在三种不同的观点:第一种诉讼信托是民事诉讼法中的当事人制度,在民事诉讼法学主流学说中,它和民事诉讼担当制度同义;第二种诉讼信托是公益诉讼信托,是公共利益机关介入私权的表现。这两种诉讼的信托都以扩大当事人适格范围为基本目的;第三种诉讼信托,是当前我国立法禁止的以诉讼为目的的信托制度。三种制度的起源、所属法域、基本内涵、基本功能各不相同,学术研究和立法也应当作出不同的取舍。     

Congressional Leadership 1965–96: A New Look at the Extremism versus Centrality Debate

Abstract An examination of the differences between the ideological positions of leaders and other members in the U.S. House of Representatives (1965–96) demonstrates that Republican leaders tend to be significantly to the right of the median Republican member and Democratic leaders tend to be significantly to the left of the median Democratic member. Furthermore, leaders from both parties tend to be ideologically located near the mode of their party's ideological distribution. These empirical results have implications for issues such as party polarization, conditional party government, and the possibility of separating out party and ideology.