Party Effects in State Legislative Committees

Legislative scholars have theorized about the role of committees and whether they are, or are not, tools of the majority party. We look to the states to gain more empirical leverage on this question, using a regression discontinuity approach and novel data from all state committees between 1996 and 2014. We estimate that majority‐party status produces an 8.5 percentage point bonus in committee seats and a substantial ideological shift in the direction of the majority party. Additionally, we leverage a surprisingly frequent, but as if random occurrence in state legislatures—tied chambers—to identify majority‐party effects, finding similar support for partisan committees. We also examine whether the extent of committee partisanship is conditional on party polarization or legislative professionalism, but we find that it is not. Our results demonstrate that parties create nonrepresentative committees across legislatures to pursue their outlying policy preferences.     

Political Parties and the Representativeness Of Legislative Committees

What role do parties play in determining which interests committees represent? In this article, I compare committee organization and representativeness in Nebraska's nonpartisan legislature with those in the partisan senates of Kansas and Iowa. I demonstrate that when parties do not organize legislative conflict, committees are less representative of the full chamber. I argue, however, that committee representativeness does not necessarily result from parties actively working to create representative committees. Rather, when legislative conflict has a definitive partisan structure and the committees are always controlled by the majority party, representative committees will result as a simple by‐product of the partisan structure and organization.     

论地方政府决策中利益代表参与模式的法律建构

地方社会利益诉求多样化的现实导致传统的"传送带理论"无法圆满解释地方政府决策在利益取舍上的合法性。利益代表参与地方政府决策的模式将有助于缓解目前的"合法性缺失"以及相应的"决策失败"的困境。在利益代表参与模式下,参与者以"价值与技术"的基本区分为基础来确立利益代表参与的广度和深度,以资格界定和参与方式作为制度构建的核心。针对目前我国"专家理性"仍居主导地位的现状,有必要从现有的咨询专家委员会入手,将成员资格扩展至以相关利益主体构成的临时性代表,形成包括利益代表在内的咨询委员会制度,以此建构利益代表参与地方政府决策的制度端口。     

Legislative Efficiency and Political Inclusiveness: The Effect of Procedures on Interest Group Mobilization in the European Parliament

This paper contributes to discussions surrounding interest group representation in the European Parliament. Drawing from conceptualizations of legitimacy, and theoretical work on information-access we argue that different procedures bestow a different type of authority to parliamentary committees affecting their legitimacy orientation, in turn impacting the balance between private and public interests mobilised. We assess a population of 10,000 accredited lobbyists, and the procedural output across the 7th legislature’s committees (2009–2014). Our analysis indicates that committees with a higher ratio of Ordinary Legislative Procedures to Own Initiative Reports see greater private interest mobilisation. Conversely, in committees where the procedures’ ratios are inverse we observe greater public interest mobilisation. Theoretically, we provide a novel approach for framing the committee’s nature from a procedural perspective, bridging discussions on interest group mobilisation and the democratic deficit. Empirically, the results overturn the premise of business dominance across the institution’s committees through a unique dataset.     

Improving the Relevance of Parliamentary Institutions: An Examination of Legislative Pre-budget Consultations in British Columbia

This study examines the influence of the Select Standing Committee on Finance and Government Services in the budgetary process in the Canadian province of British Columbia. The mandate of this committee is to conduct pre-budget consultations every year to seek the opinion of the population on the content of the next provincial budget. Many have recommended increasing use of legislative committees to bring back relevance to parliamentary institutions in Canada. It is believed that legislative committees provide an environment that is less conducive to partisan confrontations and can help in building the policy expertise of parliamentarians. Using interviews with committee members and a survey among participants in pre-budget consultations, this was found to be the case. The main finding points to the potential of legislative committees in performing a representative function because they can put forward the views of the public as part of the budgetary process.     

Due North? Do American Theories of Legislative Committees Apply to Canada?

Several theories of legislative organisation have been proposed to explain committee selection in American legislatures, but do these theories travel outside the United States? This paper tests whether these theories apply to data from the Canadian House of Commons. It was found that the distributive and partisan models of legislative organisation explain committee composition in Canada. In many cases, committees in the House of Commons are made up of preference outliers. As predicted by partisan models, it was also found that the governing party stacks committees with its members, but this is conditional upon the strength of the governing party.     

Low-cost policy specialisation,district characteristics and gender. Patterns of committee assignment in Romania

ABSTRACT

Committee assignment can influence the efficiency of legislative work, the success of parties in reaching their policy goals and even the electoral fates of individual legislators. Nevertheless, little is known about this process in the legislatures established in the Central and Eastern European democracies. These legislatures faced severe informational, electoral and partisan challenges which raised the stakes of efficient committee-seat allocation. Simultaneously, most parliaments in the region were endowed with strong committees. The Romanian Parliament is representative for this combination of conditions. Drawing on a dataset that covers the careers, sector knowledge, partisan and electoral attributes of all the members serving in five terms of the Chamber of Deputies the article shows that committee assignment is used to facilitate low-cost policy specialisation, district characteristics matter for gaining seats in committees with distributive potentials, while female legislators are confined to committees dealing with feminised policy areas.     

Informative Committees and Legislative Performance in the American States

The information theory of legislative organization suggests that legislative committees are designed to provide their parent chamber with necessary information to legislate. Despite empirical evidence for various aspects of the theory, we have limited knowledge of committees’ influence on legislative outputs. I argue that informative committees are more than information providers, that they also substantively impact legislative outcomes. With supportive evidence from the US state legislatures, this article shows that the presence of an informative committee system not only lowers the number of bills introduced to the legislature but also enhances the chamber's efficiency in transforming legislative proposals into laws.     

Work activity of persons working as members of advisory committees established under the Federal Advisory Committee Act (FACA). Final rule

We are revising our disability regulations under titles II and XVI of the Social Security Act to establish a new, special rule that affects individuals who are receiving payments or providing services as members or consultants of a committee, board, commission, council or similar group established under the Federal Advisory Committee Act (FACA). Under this special rule, we will not count any earnings an individual is receiving from serving as a member or consultant of a FACA advisory committee when we determine if the individual is engaging in substantial gainful activity under titles II and XVI of the Social Security Act (the Act). In addition, we will not evaluate any of the services the individual is providing as a member or consultant of the FACA advisory committee when determining if the individual has engaged in substantial gainful activity under titles II and XVI of the Act. Based on our experience with FACA advisory committees and the frequency and level of activity required by these committees, we believe that performance of activity on these committees does not demonstrate the ability to perform substantial gainful activity. We believe this to be consistent with Congress's view, as it has recognized in creating the Ticket to Work advisory committee, for example, that current disability beneficiaries should be considered for membership. This also will encourage individuals with disabilities to serve on FACA advisory committees, thereby providing the benefit of their unique perspective on policies and programs to the Federal Government.     

Post-legislative scrutiny in the UK Parliament: adding value

ABSTRACT

Legislatures appoint committees for different purposes. Both Houses of the UK Parliament separate legislative committees from non-legislative, or select, committees. Each is unusual in that it utilises select committees to engage in post-legislative scrutiny. We examine why each engages in this type of scrutiny, given competing demands for limited resources. Distributive and informational theories are utilised to explain the difference between the two chambers, identifying why the form of asymmetrical bicameralism to be found in the United Kingdom facilitates scrutiny that would otherwise not be undertaken. The genesis and impact of post-legislative scrutiny committees are considered, with a focus on the House of Lords and why the use of such committees plays to the strengths of the House.     

宪法解释案例实证问题研究

全国人大常委会法工委有关扩大宪法效力、公民选举权的行使、裁决立法冲突等宪法解释案例，尽管不是宪法规定的宪法解释，但其作用与正式的宪法解释并无实质性的差异，弥补了正式宪法解释缺位之不足而构成中国宪法解释的惯例。宪法上的宪法解释与现实中的宪法解释之间的距离，有助于认识和理解中国宪法之外的宪法解释机关对宪法进行解释的实际情况，以及宪法实施过程的特点。     

The Rise of Committees

Committees are of increasing importance in the process of EC policy-making, particularly in regulatory fields which touch upon politically sensitive issues. This article discusses the problems which have arisen due to the unforeseen emergence of committees within the institutional framework of the Community. It examines the main institutional conflicts in relation to committees and argues that parliamentary disdain for Comitology notwithstanding, the use of committees in the area of social regulation may be explained through a 'Member State-oriented' understanding of the institutional balance of powers. Committees may thus not only contribute to more effective decision-making, but may also secure a degree of subsidiarity. The increasing reliance on committees, however, might nonetheless be argued to detract from the general legitimacy of Community decision-making, especially since committees remain creatures of pragmatism. This article accordingly argues that the lack of transparency within committees, and the absence of general procedural rules upon the activities and composition of committees, should now be compensated for through the evolution of formal and generalisable procedural rules.     

Credible Commitment in Non-Independent Regulatory Agencies: A Comparative Analysis of the European Agencies for Pharmaceuticals and Foodstuffs

Abstract: The creation of more and more supranational regulatory agencies has been one of the most significant institutional developments in the European Union during the last decade. Usually, these agencies evolve from EU committees and take over most of their structures. Accordingly, like most EU committees and the Commission, regulatory agencies are not independent, but act under the control of the member states. The question is, how far do they indicate a credible commitment of the Member States to long-term policy goals like health and consumer protection. This article compares the institutional structures and decision-making rules of the European Agency for the Evaluation of Medicinal Products and of the newly established European Food Safety Authority, in order to clarify the extent of credible commitment that the Member States show through the setting-up of these agencies. It concludes that the commitment of the Member States in the foodstuff sector is not as deep as in the pharmaceutical sector, and that the creation of the European Food Safety Authority will not lead to a success story similar to that of the European Agency for the Evaluation of Medicinal Products.     

Partisan Stacking on Legislative Committees

One aspect of the partisan model for legislative committee development that is rarely studied is the degree to which the majority party seeks to control legislative committees—and, thereby, chamber decisions—via numerically “overproportional” majority party representation on standing committees. This form of “party stacking” is often mentioned in the literature but has received little systematic examination and hypothesis testing. Using data from state legislative committees for all 49 partisan legislatures in the 2003–04 and 2005–06 sessions, we found support for the partisan model: majority party stacking is associated with a slim majority party advantage in a state legislative chamber.     

Bypassing Congressional Committees: Parties,Panel Rosters,and Deliberative Processes

Although scholars have examined committee rosters extensively, no study has considered the relationship between the ideological composition of panels and their participation in bill drafting. I thus ask: Which committees are frequently excluded from legislative deliberations? Does the composition of committees affect the degree to which they contribute to bill development? Using DW‐NOMINATE data, I calculate ideological scores for congressional panels between 1989 and 2010 to see whether certain committees are routinely bypassed. I find that moderate panels, polarized panels, and panels with moderate chairs are often excluded, while extreme committees in the majority direction tend to retain bill‐writing duties.     

How effective is medical self-regulation?

Licensing and disciplining of physicians, police powers of the individual states, are carried out by boards and committees, the majority of whose members are physicians. How effective is medical self-regulation? I attempt to answer this question by examining several aspects of the disciplinary process such as the medical practice acts, inconsistencies in disciplinary actions, and the number and proportion of doctors disciplined during various periods. Also included in this study is an examination of obstacles to discipline, many of which are caused by hospitals and organized medicine. I conclude that medical self-regulation is of limited effectiveness.     

The Effects of Uncontested Elections on Legislator Performance

Political competition lies at the core of representative democracy. Yet, uncompetitive elections and uncontested races are widespread in the United States, particularly at the state level. In this article, we analyze the consequences of uncontested elections on lawmaking activity. Our primary hypothesis is that legislators who run unopposed are less active lawmakers than those who were selected through competitive elections. Studying roll‐call vote participation and bill introduction and enactment for most of the U.S. states for 1999–2000, we find that state legislators elected in unopposed elections perform more poorly compared to their colleagues elected in competitive contests.     

Pushing the Dead into the Next Reproductive Frontier: Post Mortem Gamete Retrieval under the Uniform Anatomical Gift Act

In re Matter of Daniel Thomas Christy authorized post mortem gamete retrieval under the most recent revision of the Uniform Anatomical Gift Act. This article recommends that the National Conference of Commissioners on Uniform State Laws explicitly address the issue of post mortem gamete retrieval for reproductive purposes; that legislators specify whether their states will follow the Christy ruling; and that ethics committees and consultants prepare for the questions about human identity and self determination that post mortem gamete retrieval raises.     

Clinical ethics committees, due process and the right to a fair hearing

The development of clinical ethics committees in the United Kingdom raises a number of important questions about the extent to which they are compatible with the normative values of due process. If committees are to be active in delivering ethics services, it is argued that attention to due process is important. Based on research outcomes, it seems that the chairs of the United Kingdom clinical ethics committees who responded are reasonably satisfied about the ability of their committees to make ethical decisions and slightly less confident about their ability to make legal decisions. If these committees are to make potentially far-reaching decisions (whether or not involving live consultations), it is argued here that they must pay attention to the rules associated with the legal concept of due process. Equally, evaluation of the clinical ethics committee's counterpart in the United States suggests that they may become increasingly authoritative, especially as their role becomes entrenched. This makes attention to due process even more important. However, it is also proposed that, when committees become concerned about due process, their ability to "do ethics" is constrained.     

Conclusion: prospects for analysing committees in comparative perspective

ABSTRACT

While theories of committees in the U.S. Congress can continue to play a central role in the still-growing comparative study of committees, they require careful, frequent modification. Moreover, more fruitful study of committees may require a wider framework, recognising more fully that committees are institutions embedded in wider social structures.