A New Ethical World of British MPs?

Following a series of financial scandals in the early 1990s, the House of Commons implemented new ethics rules and regulatory procedures, including a Code of Conduct, a ban on paid advocacy, a Parliamentary Commissioner for Standards and a Select Committee on Standards and Privileges. In the absence of hard data about parliamentary integrity and the prevalence or otherwise of unethical parliamentary conduct, this paper explores the possible effects of the new rules and procedures on MPs' attitudes by comparing data from the 2005 British Representation Study with research conducted in the late 1980s. The evidence suggests that there has been some attitudinal change at the aggregate level, although it remains unclear how much of this change can be attributed directly to the Nolan reforms.     

Voting in the House or Wooing the Voters at Home: Labour MPs and the 2001 General Election Campaign

Part of Labour's strategy for winning a second full term of government at the 2001 general election in the UK involved encouraging its MPs, especially those holding marginal seats, to spend considerable time in their constituencies in the preceding years, contacting voters and promoting the party's cause. Given the size of its majority in 1997, it was able to afford for many MPs to be absent from divisions in the House of Commons. This article looks at the voting records of Labour MPs who stood for re-election in 2001 during the two preceding parliamentary sessions. It reports that backbench MPs representing marginal constituencies were much more likely to be absent from the House during the last session prior to the election. Those absences were also apparently related to their performance at the election: the more often they absented themselves from parliamentary votes in that session (compared to the previous session) the better their performance at the 2001 election relative to national trends.     

Ownership conversions in health care organizations: who should benefit?

Because equity capital is becoming an important financing source for health care organizations, the conversion of many such organizations from nonprofit to for-profit status is a significant public policy issue. Since many states require converting nonprofits to repay the "community" for its investment during the nonprofit status period, three questions arise: (1) How much is the entity worth? (2) How much of that worth should be returned to the community? (3) In what form should it be returned? The paper addresses these questions, and demonstrates why responsible public policy calls for them to be carefully considered if community interests are to be preserved.     

Mixed Rules,Different Roles? An Analysis of the Typical Pathways into the Bundestag and of MPs' Parliamentary Behaviour

Does the German mixed electoral system produce two types of representatives – MPs elected in the district who aim primarily to represent the interests of their constituencies and list MPs who are primarily loyal to their party or seek to serve ‘functional’ interest groups? The paper addresses this controversial question in two steps. It first uses sequence analysis in order to discover empirically just how prominent the exclusive ‘path into the Bundestag’ actually was by way of either the party list or the electoral district. The empirical basis is a data set covering all 3581 members of parliament from 1949 to 2009. Secondly, after having identified MPs with clear district or list careers, the paper replicates a study on committee membership asking whether district MPs sat more often in committees that are of relevance for their districts while list MPs more often sit in so-called ‘policy’ committees. The paper finds no evidence for a clear ‘mandate divide’ between MPs elected in a district and those numerous MPs entering parliament via the party list but also contesting a district.     

论房屋租赁押金数额的立法规制

押租在中国古已有之，新中国成立后被禁止。2011年被《商品房屋租赁管理办法》默许，但该办法及其它相关法律对押金数额及押金的存放、押金利息的归属等方面没有任何规定。德国民法典和澳大利亚各州法有押金上限及押金须存于指定机构，利息归承租人的规定，日本和我国台湾省民法典虽然没有上限规定，但有其他补充方法。押金保护了出租人利益，却加重承租人负担，因此需要立法规制。我国应规定押金上限及大额押金须存于金融机构，利息归承租人，以平衡出租人与承租人的利益。     

Better Politicians: If We Pay,Will They Come?

While each election provides the Canadian House of Commons with a fresh batch of politicians, no consideration has been given to the question of whether the quality of politicians is improving. Yet improving quality has been the focus of several commissions urging increases in MP compensation. This article addresses the competence and compensation questions by asking whether changes in levels of compensation might make a difference to the educational qualifications of political leaders. We assemble a unique dataset of 1,291 federal politicians elected to the Canadian House of Commons from 1993 to 2011 and show that prime ministers do have a preference for more highly educated MPs when filling ministerial and other executive positions. Our findings suggest that certain subgroups of MPs, particularly educated women, may be attracted by upward shifts in compensation. We discuss the reasons for these effects and the relative importance of compensation in career decisions.     

Submissive Lobby Fodder or Assertive Political Actors? Party Loyalty of Career Politicians in the UK House of Commons, 2005–15

Are career politician members of parliament (MPs) more or less likely to vote against the party line than their peers? Despite growing interest in the behavior of career politicians across parliamentary systems, answers to this question are marked by considerable theoretical and empirical uncertainty. I derive the two most common (but opposing) behavioral predictions before testing them over all legislative votes of two UK House of Commons terms (2005–15) using multilevel modeling of new and disaggregated data on MPs' occupational backgrounds. The finding that career politicians are more likely to rebel challenges conventional wisdom and provides an important empirical foundation for the ongoing debate.     

MPs and electoral redistribution controversies in Canada, 1993–96

The political careers of members of the Canadian House of Commons are filled with uncertainties and are comparatively short. One of the sources of political uncertainty is that which results from the periodic readjustment of electoral boundaries. The constituency boundary readjustment process following the 1991 census led to a particularly acrimonious conflict. This paper analyses MPs’ reactions to both the process and the ridings established by the boundary commissioners. Two main data sets are employed: a survey of English Canada backbench MPs to inquire into MPs’ attitudes about electoral redistribution and the record of MPs appearing before the Commons sub‐committee charged with hearing objections to the electoral map in the autumn of 1995. The two different analyses both point to a conclusion that MPs’ self‐interest, rather than principle or constituency characteristics, appears to determine MPs’ satisfaction with the process and their propensity to take action by objecting to the proposed boundaries during the House committee stage of hearings.     

Conclusion: Challenging the Conventional Wisdoms about Parliamentary Representation in France

The seven papers gathered in this issue contradict four conventional prejudices about the French Parliament and its members. They show that citizens and MPs are not necessarily attached to a ‘general’ conception of representation, in which MPs represent the French Nation as a whole, with no reference to a territory or to specific interest groups. Second, the papers demonstrate that MPs are not perceived as an aristocracy agreeing on values and interests beyond political cleavages. Third, they prove that the representation gap between citizens and MPs is usually exaggerated and that electors are quite aware of the difficulties of being a deputy. Finally, they also establish that the weakness of the French Parliament and its submission to the executive power are often exaggerated. French MPs are nevertheless strongly focused on their constituencies and not much involved in parliamentary work; further, they are certainly not that enthusiastic about an eventual empowerment of their assembly.     

Issues in Anti‐Corruption Law: How Can Code of Conduct Laws Be Drafted in Order to Reduce Corruption in a Public Sector like Romania's

International organisations, like the UN and EU, have encouraged their Member States for years to increase civil servants' compliance with particular codes of conduct. Romania represents probably one of the most advanced countries in attempting to legislate on civil servant ethics through its Code of Conduct Law. Yet, the Romanian Code of Conduct Law possesses significant weaknesses, emanating both from the inherent difficulties of using hard law in a soft law area (like civil servants' ethics) and the Law's silence as to specific procedures, which government agencies should use in implementing the Law. Given these weaknesses, Romanian government agencies should adopt regulatory instruments that compensate for these weaknesses at the legislative level. In this paper, we present the provisions—particularly related to the establishment of agency‐level ethical doctrines—which regulatory drafters can use to implement these codes of conduct in a civil law system without running afoul of the basic requirements of civil law jurisprudence for clarity and predictability. We discuss the legal basis in Romanian administrative law for the elaboration of specific ethics‐related doctrines and the ways in which such a ‘doctrinal approach’ to administrative ethics can help achieve the objectives of the flawed Code of Conduct Law. We specifically discuss the ways in which Romanian governments can adopt such regulatory instruments and the types of provisions that should be included in order to help overcome the flaws of the Code of Conduct Law.     

Overreaching In Registered Land Law

Beneficial interests under a trust were not intended to be overriding interests under section 70(1)(g) of the Land Registration Act 1925. The position was altered by Williams & Glyn's Bank Ltd v Boland , which determined that an interest under a trust for sale would bind a purchaser if the beneficiary were in actual occupation. The decision raised the question whether such interests could be overreached once the beneficiary was in occupation of the trust property. City of London Building Society v Flegg held that the relevant beneficial interest had been overreached. Both decisions assume that overreaching in registered conveyancing takes effect as it does in unregistered land. Yet there is considerable evidence that the Land Registration Act contains its own overreaching machinery. The House of Lords applied the wrong overreaching provisions in Boland and Flegg and there is no legal basis on which to recognise that trust interests can override a subsequent disposition under section 70(1)(g).     

Supplemental standards of ethical conduct and financial disclosure requirements for employees of the Department of Health and Human Services. Interim final rule with request for comments

The Department of Health and Human Services, with the concurrence of the Office of Government Ethics (OGE), is amending the HHS regulation that supplements the OGE Standards of Ethical Conduct. This interim final rule specifies additional procedural and substantive requirements that are necessary to address ethical issues at the National Institutes of Health (NIH) and updates nomenclature, definitions, and procedures applicable to other components of the Department. The rule: Revises the definition of a significantly regulated organization for the Food and Drug Administration (FDA); Updates the organization titles of designated separate agencies; Amends the gift exception for native artwork and craft items received from Indian tribes or Alaska Native organizations; Aligns the FDA prohibited holdings limit with the de minimis holdings exemption in OGE regulations; Revises prior approval procedures for outside activities; and, subject to certain exceptions: Prohibits NIH employees from engaging in certain outside activities with supported research institutions, health care providers or insurers, health-related trade or professional associations, and biotechnology, pharmaceutical, medical device, and other companies substantially affected by the programs, policies, or operations of the NIH; Bars NIH employees who file a public or confidential financial disclosure report from holding financial interests in substantially affected organizations; Subjects NIH non-filer employees to a monetary cap on holdings in such organizations; Specifies for NIH employees prior approval procedures for and limitations on the receipt of certain awards from outside sources; and Imposes a one-year disqualification period during which NIH employees are precluded from official actions involving an award donor. In addition, the Department is adding a new supplemental part to expand financial disclosure reporting requirements for certain outside activities and to ensure that prohibited financial interests are identified.     

论民事权益位阶:以《民法典》为中心

我国《民法典》虽然已经构建了完善的民事权益体系,并已在相关条款中就权益位阶作出了规定,但并没有全面确立清晰的权益位阶。在普遍存在的权益冲突中,不同权益的价值分量并非等同,在这一背景下,建立妥善的权益位阶理论,有助于防范化解冲突,有效贯彻立法者的价值判断,并辅助裁判者进行准确的利益衡量。通过对《民法典》民事权益体系的解释,可以对民事权益的位阶进行如下排序:物质性人格权、精神性人格权、身份权、人格利益、财产权利、财产利益。民事权益位阶在司法适用中并不是机械地排序取舍,而应结合个案场景妥当地进行利益衡量。民事权益位阶主要涉及高位阶权益的优先保护、低位阶权益的妥协容忍、民事责任的限制和排除、合同的解除以及对利益受损者的适当补偿等效果。     

House of Commons committee releases report on Canada's drug strategy

On 17 May 2001, the House of Commons created a Special Committee on Non-Medical Use of Drugs based on a motion introduced by Randy White, Canadian Alliance MP (Langley-Abbottsford) and gave it a very broad mandate to study "the factors underlying or relating to the non-medical use of drugs in Canada" and to propose recommendations aimed at reducing "the dimensions of the problem involved in such use." In December 2002, the Committee released its report, entitled Policy for the New Millennium: Working Together to Redefine Canada's Drug Strategy. The report contains many good recommendations, but fails to deal adequately with the fundamental harms caused by Canada's drug laws and federal government inaction. Far better is the supplementary report written by NDP MP Libby Davies (Vancouver East), which contains an excellent, informed critique of the report. The supplementary report from the official opposition, written by MPs Randy White and Kevin Sorenson (Crowfoot, Alberta) also makes for interesting, if troubling, reading--it is based nearly exclusively on fiction rather than facts and science.     

The judicial review of legislation in the United Kingdom: a public choice analysis

The Human Rights Act 1998 unprecedentedly enabled the senior courts in the United Kingdom to review parliamentary enactments for compatibility with the European Convention on Human Rights. This article seeks to analyze within the framework of public choice economics two phenomena arising from this development that are counterintuitive: What made Parliament voluntarily invite the judiciary to monitor its acts? Why has Parliament consistently complied with rulings of the Judicial House of Lords that challenged primary legislation over the last 10 years? It argues that the Act was designed in a way that fulfilled the electoral commitments of the enacting majority by supplying promised policies to its constituencies, while minimizing agency costs and information problems in favor of Parliament’s corporate interests. Significantly, the Act left intact the veto powers of Parliament and the European Court of Human Rights in Strasbourg. As such, it disincentivized the Judicial House of Lords to risk costly overturns of its rulings by Parliament for straying too far from the range of the ideal policy positions spanned by Parliament and Strasbourg. Drawing from the empirical evidence of the past decade, it will be shown that in nearly all cases the Law Lords have either upheld the compatibility of challenged statutes, reaffirmed parliamentary preferences, or followed the jurisprudence of the Strasbourg Court.     

大连普湾新区的填海造地生意

坍塌的房屋,裸露的礁石,海参养殖圈里的海水打着旋从毁坏的闸门处不断涌出,池里的海参已经死绝,依稀还能看到白化腐烂的尸体。距1月25日的那场强拆已经整整过去两个月,陈忠法的海参圈仍是一片狼藉,他当初怎么也没想到,自己苦心经营的一切,竟会如此收场。     

Adding Value to an Arena Legislature? A Preliminary Examination of Topical Debates in the British House of Commons

The introduction of the topical debate mechanism in the autumn of 2007 sought to enhance the contemporary nature of debate in the British House of Commons and to increase opportunities for the participation of backbench MPs. Though experimental in the first instance, these debates have since become an entrenched feature of parliamentary life. This note seeks to assess the impact of topical debates on a legislature which has long been characterised by the strength of its plenary sessions. Analysis of the topical debates held during the 2007–08 parliamentary session demonstrates that topic selection has indeed been broad, examining issues of both national and constituency concerns. Whilst there has been no extraordinary change in the House, the use of topical debates by backbench opposition MPs in particular is significant and has the potential to add considerable value to the House of Commons as an arena legislature.     

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.     

Enfranchisement,Malapportionment, and Institutional Change in Great Britain, 1832–1868

This article examines why after 35 years of repeatedly rejecting the secret ballot, the British House of Commons enacted it with the Ballot Act of 1872. Drawing on roll‐call votes, I show that parliamentary opposition to the secret ballot was invariant between 1832 and 1867. In 1867, however, the Second Reform Act significantly extended the electoral franchise and substantially redistributed parliamentary seats; the House elected immediately following these changes to pass the Ballot Act of 1872. I show that a key reason for the change in the House's attitude on the ballot was that anti‐ballot MPs whom the redistribution threatened to expose to electoral competition were disproportionately likely to retire prior to the 1868 election. These results imply that it was the anticompetitive effects inherent in the gross malapportionment of the older electoral system rather than the restricted nature of the franchise that insulated MPs from public pressure and kept parliamentary opinion on the secret ballot in stasis. This is a useful lesson because while almost all modern democracies operate on a universal adult suffrage, many continue to be marked by significant malapportionment.