Parliament,public engagement and legislation in Bangladesh: a case study of Domestic Violence Act of 2010

ABSTRACT

This paper examines the process of enactment of the domestic violence bill in Bangladesh. One of the distinctive features of the bill, passed in 2010, was that it originated in civil society and widespread public engagement characterised its enactment process. The paper explores the factors that encouraged different actors to agree to enact the law. There are, however, not many examples of parliament–CSO interaction in the legislative process. The paper identifies reasons that discourage engagement in other areas of public concern. Prominent among the reasons underlying weak public engagement in the legislative process are: monopoly of the government in the legislative process and its eagerness to pass laws in haste, dominance of part-timers in parliament, legal restriction on ‘independent’ voting in parliament, over-centralization of power in political parties and politicisation of CSOs.     

A REVIEW OF PROGRAMS DESIGNED TO PREPARE PARENTS FOR CUSTODY AND VISITATION MEDIATION

Mediation orientation programs are an increasingly common resource for parents preparing to mediate custody and visitation disputes. In this paper, we review empirical studies on program effectiveness and describe a range of programs in the U.S. Most are brief and psychoeducational in nature, focusing on the mediation process and the effects of conflict on children. Programs typically provide information through reading materials, slides, and videos, either in a group setting or online. Few evaluate program effectiveness. We offer suggestions for program evaluation and introduce an assessment‐based framework for providing individualized services for parents. Key Points for the Family Court Community

• ? Few Mediation Orientation programs have been empirically evaluated.
• ? Useful research designs would include (1) assessing participants both before and after the program and (2) comparing program participants to non‐participants.
• ? The psychoeducational components of Mediation Orientation programs may need to be tailored for low‐ and high‐conflict couples.

     

Policy adoption,legislative developments,and implementation: the resulting global differences among countries in the management of biological resources

Policy adoption and implementation depend on a wide range of considerations that include the level of stakeholder participation and the choice of top-down or bottom-up approaches. The existence of a stakeholder participation platform is often seen as critical to facilitate both adoption and implementation of international treaties. However, it may not automatically lead to improved policy outcomes or legislative effectiveness. This study compares countries with and without stakeholder participation platforms for policy implementation and assesses whether there are differences in their management of biological resources. The study had two goals: (1) examining the adoption and implementation of public policies and legislation at national and local levels within countries; and (2) analyzing the differences between countries that have developed stakeholder participation platforms for sustainable forest management. Data were obtained from the Global Forest Resources Assessment Report 2015 of the Food and Agricultural Organization. Cross-tabulation and independent sample t test findings show strong relationships at higher levels of government between countries, but weak relationships at local levels. Significant differences are observed at all levels. These results shed light on the severe challenges that governments face in adopting global environmental policies and passing them down to local levels for implementation. The study concludes that although excellent policies and regulations may exist, they often do not lead to significantly better outcomes at all levels of government.

     

CYBER‐ABUSE—A NEW WORLDWIDE THREAT TO CHILDREN'S RIGHTS

Cyberspace is a new frontier for both international and domestic family law. On the one hand, it presents great opportunities for society and, on the other, great dangers particularly for children. This paper explores a number of issues from a domestic and international family law perspective. These issues include:

• ? What is cyberspace, how has it emerged, and where is it likely to go?
• ? What are the potential dangers for children that arise from children's engagement with cyberspace?
• ? What is the nature and extent of domestic and international family laws that protect children from the dangers of cyberspace?
• ? What are some of the present and emerging policy issues that impact on these matters?

Cyber‐abuse is a term that encompasses a wide range of aggressive online activities.     

The new science and engineering management: cooperative research centers as government policies,industry strategies,and organizations

Cooperative research centers (CRCs) are key mechanisms for national and subnational governments and private industry for achieving social and economic outcomes with science and technology. Despite growing policy and scholarly interest in the management and productivity of CRCs, their complex and variegated nature has led to limited and inconsistent understanding of CRCs. In this introduction to this Special Issue of The Journal of Technology Transfer, we discuss the impetuses for and embodiment of CRCs as government policies, industry strategies, and organizations and thus address a number of unexplored aspects of CRCs that are important to decision making for both policy and management. Of note, we discuss the lack of definitional clarity regarding CRCs and introduce criteria for distinguishing CRCs from other organizations. We conclude by introducing the article contributions, which are international in scope and address CRCs from multiple theoretical perspectives and levels of analysis, and by discussing areas for future research.     

Constructing a New Scottish parliament for the ‘Europe of regions’: Can institutional engineering assure subsidiarity?

The creation of an elected parliament in Scotland raises questions for legislative scholars, among them how a parliamentary body representing a stateless nation within a member state of the European Union can influence and implement European legislation. One version of the ‘principle of subsidiarity’ states that decisions are taken as closely as possible to the citizen, encouraging assemblies throughout the EU to articulate and implement their own preferences in key policy areas. Reporting findings from a survey of the Scottish parliament's first cohort of legislators, this article identifies conflicting perceptions of subsidiarity, charts how best to pursue it, and evaluates the institutional norms, rules and procedures put in place to help secure it. Data demonstrate that preferences vary by level of MSP knowledge about European policy, by party membership and by method of election. Low levels of legislator knowledge combined with internal divisiveness constitute barriers to institutional strength in the pursuit of subsidiarity.     

The evolution of computer/privacy concerns: Access to government information held in the balance∗

Computers are a mainstay of most record systems at virtually all levels of government. The vast accumulation of personal information by governments has raised concerns about the erosion of personal privacy caused by the speed and efficiency of computers. For more than 30 years, realistic and sometimes exaggerated concerns about the proper role of computers in society have driven the public policy debate, resulting in a raft of legislation designed to protect the privacy of individuals about whom government keeps records.

But these computer /privacy concerns threaten legitimate public and media access to government records. The dangers to access were underscored by the Supreme Court in a holding that publicly available records regained privacy interests when drawn together in a centralized government computer. In other words, the form in which records were kept rather than their content could control access.

This article suggests that understanding the origin and context of the computer /privacy conflict will better prepare access proponents to deal with attempts to curtail legitimate access to government information because of privacy concerns.     

Translational criminology and its importance in policing: a review

ABSTRACT

Translational criminology is a decision-making perspective that emphasizes the dynamic coproduction of evidence by researchers and practitioners, focusing on obstacles to and facilitators of evidence generation and utilization. It incorporates several other data-driven decision-making models, including evidence-based policy making. This review suggests that the availability of empirical research is no longer the most significant impediment to evidence-based policing. Rather, translating and implementing knowledge about ‘what works‘ in policing has arisen as the field’s primary barrier to securing the effectiveness and efficiency improvements of research and data utilization. This article orients readers to translational criminology’s various components and explores their applications. Focusing on four central considerations, this review explores the roles of researcher practitioner partnerships, policy, technology, and government in developing and sustaining translational efforts in policing. The review concludes by acknowledging challenges to fostering a translational perspective in policing, and offers examples of where it has been applied with success.     

Democratic consolidation and parliamentary reform in Russia, 1990–93

It is a commonly held view that the Russian parliament, created in the late period of perestroika, possessed powers and structures that were incongruous with the process of democratic consolidation.’ It is a mistake, however, to suggest that parliamentary deputies failed to appreciate the problems that hampered both the parliament's work and its relationship with executive organs. Many deputies in both the All Union and Russian assemblies were committed to the creation of a ‘professional parliament’, and numerous reforms were put forward to resolve what some deputies called the ‘crisis of parliamentarism’ in Russia. These reforms, proposed by democrats and conservatives alike, raise new questions about the aims and objectives of deputies in Russia's first post‐Soviet parliament. What did deputies understand by the notion of a ‘professional parliament'? In what form did deputies envisage the new system of government? Were the many, often competing, proposals for parliamentary reform conducive to the achievement of democratic consolidation in Russia? This article will attempt to answer these questions by examining the proposals for parliamentary reform in the Russian parliament between 1990 and 1993.     

Company Liability and Competition Law: Exposure of Company to Risk of Undesirable Behaviour of Directors

In order to protect the objectives of competition policy, companies as undertakings are primarily targeted for the competition law infringements based on the mixed approach of compliance and deterrence theories relying on the view that company directors are incentivised to comply with the rules of competition law by the internal compliance programmes and corporate fines are the consequences of incompliance. This enforcement strategy gives rise to a tension between corporate governance, company law and competition law, as the former two focus on the behaviour of individuals within the corporate structure, while the latter concerns the impact of the company’s behaviour in the market. The question that arises in this tension is whether or to what extent competition law actually considers the way in which the company is run internally while it seeks to promote these primary objectives. This article analyses the deterrent effectiveness of primary enforcement strategy employed in the UK competition law regime and argues that competition law does not tend to localise the source of conduct or particular decisions and does not aim to correct the right wrongdoer. Despite that lack of effectiveness of public enforcement strategy to deter further anti-competitive behaviour has led individual sanctions to be introduced by the Enterprise Act 2002 and the Enterprise and Regulatory Reform Act 2013 in the UK, companies are still primarily targeted by corporate fines even though directors have intentionally breached the rules of competition law and this strategy is unlikely to deter directors from engaging with undesirable behaviour which exposes the company to risk of liability and loss.

     

Open parliament policy applied to the Brazilian Chamber of Deputies

ABSTRACT

This article will analyse the implementation of an open parliament policy that is taking place at the Chamber of Deputies, in accordance with the guidelines of the Open Government Partnership international programme (OGP), regarding the action plan of the Opening Parliament Work Group in particular, one of the subgroups of OGP. The authors will evaluate two blocks of initiatives for open parliaments executed by the Chamber in the last few years, that is, digital participation in the legislative process and Transparency 2.0, in order to observe their impasses and results obtained until now. In the first part the authors will study the e-Democracy portal and in the second part the authors will focus on open data, collaborative activities to use those data (hackathons) and the creation of the Hacker Lab, a permanent space dedicated to open parliament practices. The analysis considers the initiatives that the authors evaluated as part of the transformative and arena profiles of the Brazilian Parliament, according to Polsby's classification, with exclusive characteristics.     

Laying the foundation for institutionalisation of democratic parliaments in the newly independent states: The case of Ukraine

This article examines the institutionalisation of the Ukrainian Parliament, the Verkhovna Rada, since the fall of the Soviet Union. The emergence of a popularly elected legislature in post‐Soviet Ukraine stands as a cornerstone in the development of a democratic regime. While the Verkhovna Rada is by no means a mature parliament, the foundation for future institutionalisation has been laid through the establishment of a representative political process, nascent political parties, a separation of powers between the executive and the legislature, and the policy‐making capacity of the Parliament.     

The enduring centrality of individual ministerial responsibility within the British constitution

Despite concerns regarding its practical utility the convention of individual ministerial responsibility remains central to any analysis of the British constitution. The convention forms the ‘buckle’ in the relationship between parliament and the executive. It is widely acknowledged that throughout the nineteenth and twentieth centuries the executive has gained the ascendancy in this relationship. Consequently, the enduring centrality of the convention rests not in its use by parliament as a tool with which to scrutinise the executive but, conversely, as a tool used by the executive to dismiss reform proposals that threaten its dominant position. This article reviews the way in which British government developed and particularly how this evolution gave primacy to a convention that contained mutually supportive yet contradictory strands. It then demonstrates the core argument of this article by examining two case studies ‐the introduction of freedom of information legislation and the incorporation of the European Convention on Human Rights. The article concludes by considering the wider implications of the continuing centrality of ministerial responsibility and the paradoxes and challenges it presents.     

Public and Parliamentary Attitudes to Welfare

One of the core functions of parliament in the United Kingdom is arguably to represent the views of the people. While opinions differ as to the precise nature of this representation, one would expect to find a broad measure of comparability between public opinion and the opinions of those representing the public in parliament.

This article examines the extent to which shifts in political attitudes towards the welfare state have been reflected in public opinion, particularly since the election of New Labour in 1997. Using data derived from a series of interviews with MPs from all sides of the House of Commons, and information on public attitudes to welfare collated from the British Social Attitudes survey, it seeks to identify and explain areas of disagreement and consensus in public and parliamentary attitudes to welfare. It focuses in particular on questions regarding commitment to state welfare provision, priorities in welfare spending and attitudes towards funding for welfare services.     

Overview of: “Getting the Law Involved a Quasi-Experiment in Early Intervention Involving Collaboration Between Schools and the District Attorney's Office”

Research Summary Precursors to serious and chronic delinquency often emerge in childhood, stimulating calls for early interventions. Most intervention efforts rely solely on social service programs—often to the exclusion of the juvenile justice system. The juvenile justice system has been reluctant to become involved in the lives of relatively young children fearing net widening or further straining resources that could be used for older youth with documented delinquency histories. We report here the results of an early intervention program sponsored by and housed in a district attorney's office in Louisiana. Using a quasi-experimental design, we examined outcomes associated with program involvement as well as whether the obvious involvement of the prosecutor's office was associated with further reductions in problem behavior.

• 1 : The results revealed that significant reductions in problem behaviors of young children could be attributed to program participation.
• 2 : The obvious involvement of the district attorney's office, however, was associated with limited, albeit significant, reductions in specific problem behaviors.
• 3 : These findings show that successful early intervention efforts can be made part of the juvenile justice system and that in some limited situations prosecutorial involvement can result in positive outcomes.

Policy Implications The expansion of early intervention programming into the juvenile justice system offers opportunities to address early problem behavior. Our study and its results have the following policy implications.

• 1 : Closely coupled partnerships between schools and the juvenile justice system can effectively address, mitigate, and perhaps prevent an early onset of antisocial behavior.
• 2 : Even so, coupling early intervention efforts to the mission of the juvenile justice system warrants debate. Net-widening, resource diffusion, and the potential for officials to rely too heavily on the deterrent characteristics of the justice system represent serious threats to the integrity of effective early intervention programs.
• 3 : We suggest substantial debate and consideration is given before coupling early intervention efforts to the juvenile justice system.

     

Courtroom Context and Sentencing

This study provides an evaluation of the major policy shift in sentencing practices over the past half-century – namely the shift from indeterminate to determinant sentencing policies and the use of sentencing guidelines. The theoretical literature on courtroom organization and focal concerns informs this evaluation of determinate sentencing practices in Florida. Drawing from prior theoretical and empirical research, hierarchical linear and generalized linear models are estimated to assess courtroom effects on individual level sentencing outcomes. The findings document that location matters when sentenced in Florida. Specifically, the likelihood of being sentenced to prison and the length of sentence varies across counties, even after controlling for individual case and offender characteristics and a variety of contextual characteristics. Additionally, the influence of legal and extra-legal factors on prison in/out and sentence length decisions varies significantly across counties. Several court characteristics, including court size, caseload pressure and trial rate assert direct influence on a county’s likelihood of prison in/out and mean sentence length decisions.

     

Simple monetary rules: many strengths and few weaknesses

This paper endeavors to examine the basic idea in Richard Epstein’s book Simple Rules for a Complex World. It does so by considering a specific simple rule which was explicitly designed for complex world. A basic idea in Epstein’s book is that the more complex is the world the better is the case for simple rules. To show this, he develops six simple rules pertaining to the rights of individuals, first possession, contracts, torts, government eminent domain and the power of taxation to provide public goods. This paper considers one rule rather than six rules, and it looks at monetary policy rather than policy in general. While the context is different, the case for simple rules made here provides a useful comparison with the case made by Epstein.

     

Agenda-setting in the German Bundestag: origins and consequences of party dominance

The procedure for setting the agenda in the German Parliament originated in the middle of the nineteenth century in the Prussian Chamber of Deputies in which an informal committee arranged the agenda by an inter-party consensus. This party-dominated procedure, continued in the Reichstag of the Empire and the Weimar Republic, was institutionalised in the German Bundestag in the second half of the twentieth century. It takes account of the central role of the Fraktionen in the Bundestag and of the specialisation and division of labour that developed within them. The procedure is designed to achieve consensus among all parties and to distribute agenda-setting power between parliament and cabinet. Though remarkably decentralised, it has predictable outcomes that contribute to the impression that the Bundestag is a stage-managed parliament.     

TheContaduria Mayor de Cuentas at the time of Ferdinand and Isabella of Castile (1474–1516)

TheContaduría Mayor de Cuentas of Castile—that is, the Audit Board of the Accounts of Castile—is one of the earliest supreme state auditing institutions of which we have a documentary record. This article discusses what we know about the organization and functions of theContaduría Mayor de Cuentas of Castile on the threshold of the modern age, in the hopes of finding some elements that can be incorporated into, and so enrich, our theoretical approach to the economic functions of supreme auditing institutions.     

Government,Parliament and Law-making in Poland

This paper examines the process of law-making in Poland during the 1997–2001 and 2001–2005 legislative terms. The analysis focuses on the initiation, amendment and finalisation stages of the legislative process within both the government and parliament and considers the boundary, content, temporal and information rules that shape this process. Within government, the preparation of, and decision-making on bills to be submitted to parliament are characterised by a dominance of ministerial law-making strategies, with a very limited coordinating capacity for the core executive (that is, the cabinet, the prime minister and the institutions that serve them). Within parliament, the government possesses weak agenda control and few formal means of defending its legislation against rival bills and amendments. There is some evidence to suggest that this decentralised legislative setting is one of the key drivers behind legislative growth and instability.