Parliamentary Democracy Online: Lessons from Europe

The relationship between parliament and new information and communications technologies (ICTs), in particular the Internet, is becoming ever more complicated. By means of conclusion, we highlight the key findings from our comparative study of four parliaments, the British, European, Portuguese and Swedish Parliaments, which have all adopted the Internet as an essential element of their parliamentary communication strategy. It is clear from our research that the Internet is already having a significant impact upon the operation of parliamentary institutions. Parliamentary and parliamentarians' use of the Internet has also raised important issues that ought to be considered cautiously by policy makers, and further academic study is important to the search for solutions.     

Explaining organized crime in Europe: Are economists always right?

Over the last 35 years, the acclaimed American political economist, Thomas C. Schelling, has asserted his belief that organized crime is purely monopoly enterprise. His definition of the phenomenon remains highly influential and continues to form the basis of many definitions of organized crime today. This article outlines Schelling's economic definition of organized crime and then applies it to an analysis of the major organized crime groups operating in the states of the European Union. It concludes that a purely economic definition is inadequate to define organized crime in Europe in the twenty-first century and that, in order to understand the phenomenon fully, other variables need to be introduced and appreciated.     

A Meta-Analysis of Race and Sentencing Research: Explaining the Inconsistencies

Numerous studies have addressed the question: Are African-Americans treated more harshly than similarly situated whites? This research employs meta-analysis to synthesize this body of research. One-hundred-sixteen statistically independent contrasts were coded from 71 published and unpublished studies. Coded study and contextual features are used to explain variation in research findings. Analyses indicate that African-Americans generally are sentenced more harshly than whites; the magnitude of this race effect is statistically significant but small and highly variable. Larger estimates of unwarranted disparity are found in contrasts that examine drug offenses, imprisonment or discretionary decisions, do not pool cases from several smaller jurisdictions, utilize imprecise measures, or omit key variables. Yet, even when consideration is confined to those contrasts employing key controls and precise measures of key variables, unwarranted racial disparities persists. Further, a substantial proportion of variability in study results is explained by study factors, particularly methodological factors.     

Explaining the under-performance of the anti-human-trafficking campaign: experience from the United States and Europe

The American and the global campaigns against the trafficking of humans for labor and for sexual exploitation have had more than a decade of time and millions of dollars of support in an effort to suppress trafficking and protect its victims. Four of the six articles in this issue explore the reasons why the campaign in the United States has not had more instrumental success with respect to its prosecution goals. The number of cases brought and convictions obtained are fewer than what might be expected. Most of the cases brought involve sex trafficking. The less than impressive record of enforcement against human trafficking appears to be another example of how even very popular law reforms and crusades can be cooled out by the social realities of the criminal justice system. Sex trafficking cases are difficult to make because the victims are difficult to work with, juries are unsympathetic, and the police, prosecutors, judges have their own priorities. The article on the attempt to eliminate sex trafficking by switching to a policy of regulating prostitution rather than treating it as a crime indicates that policy change did not succeed. An attempt to create an index for assessing the implementation of anti-trafficking programs was successful.     

Parliamentary party groups and their parties: A comparative assessment

This article presents a comparative study of the interrelationship between parliamentary party groups and their extra‐parliamentary party organisations in liberal democracies. Starting with a historical overview of the most important party changes that have taken place since the 1960s, a typology of parliamentary party/party organisation relations is suggested. The following variables are identified as being of particular importance in shaping the structure of power in political parties: position of parliament in the political system; (non‐)existence of the incompatibility rule; effects of the electoral system; competition structure and degree of polarisation of the party system; political culture; conditions under which parties emerged; (non‐)existence of public funding for parties; degree of professionalisation of the political elite.     

Explaining criminal victimization in Taiwan: A lifestyle approach

Routine activities and lifestyle-exposure theories were shaped and substantially tested in Western societies; this study extended their application to a non-Western context in Taiwan. Using the most recent but underutilized 2005 Taiwan Areas Criminal Victimization Survey, responses from a random sample of 18,046 participants were analyzed for robbery, assault, and personal larceny victimization. The findings showed that the risk factors associated with criminal victimization in Taiwan resembled those in Western nations, but anomalies also appeared. Females faced a higher risk of being robbed than males; married and affluent persons were more likely to be victims of personal larceny than not married or less affluent persons; and those who stayed home at night were more likely to be assaulted than those who went out at night. The discussion of these findings suggest that explaining victimization patterns involve more than victims' attributes or lifestyles; the social and cultural context should be considered as well.     

Explaining differences in EMAS participation rates across Europe: the importance of institutions,incomplete information and path dependence

What factors shape environmental policies across Europe? In order to answer this question most economists would probably adopt a Public Choice approach. This approach has convincingly explained some aspects of environmental policies that exist in a similar fashion across Europe. But why do many environmental policies differ across European countries? This article argues that in order to understand differences in environmental policies in Europe North’s analysis of institutional change focusing on formal and informal institutions, incomplete information and path dependence is useful. North’s approach is applied to explain differences in a particular field of European environmental policy: The implementation of the EU’s Eco-Management and Audit Scheme (EMAS) in Germany, the Netherlands, and the UK. The starting point of the analysis is the observation that participation of companies in EMAS markedly differs between countries. It is shown that these differences can be explained with differences in formal and informal institutions in the three Member States, incomplete information of relevant actors, and path dependence.     

Explaining Regulatory Non-compliance: A Survey Study of Rule Transgression for Two Dutch Instrumental Laws, Applying the Randomized Response Method

Within a rational choice framework, secondary data analysis of a survey study on compliance with two Dutch regulatory laws is carried out. Selection of explanatory variables to be considered is guided by a heuristic device, called the Table-of-Eleven. Using adapted logistic regression analysis, we show that self-reported compliance, measured by means of a randomized response procedure, can be explained in terms of benefits of non-compliance, social norms and deterrence, while knowledge and general norm-conformity have no role to play. The impact of various contributing factors turns out to be rather different in size for the two laws.     

区域法治发展的法理学思考——一个初步的研究构架

随着区域科学的兴起与我国法治建设的推进,区域法治发展成为法治国家建设领域中一个全新的论题,也是法治中国建设的题中应有之义。区域法治发展理论是在全面推进法治中国建设,全面建成小康社会历史条件下形成的,也是在形成基础上构建的。加强区域法治发展理论研究具有促进法学理论发展与推动现实问题解决之双重意义。在基础理论研究层面上,区域法治发展的研究应当从本体论、价值论、方法论三个维度进行。区域法治发展理论将丰富中国特色社会主义法学理论体系和法治理论体系。     

Stability in Parliamentary Regimes: The Italian Case

Abstract: In this article, we distinguish legislative stability from government stability and argue that the character of the relationship that exists between them is a complex one in which various combinations are possible. We focus on Italy because of the manner in which it has combined legislative stability with government instability. Our findings indicate that the relationship between legislative and government stability in Italy is best seen as curvilinear, that the analysis of government stability must take the number of governments as well as the duration of governments into account, and that the attributes of the party system that stabilize the legislature destabilize governments. Given these findings, we discuss their implications for explaining stability in parliamentary regimes in terms of events, “strong parties,” and strategic calculation. We conclude that legislative stability should not be treated simply as a secondary or derivative effect of government stability and that Italy can serve as a benchmark for further study of the nature and determinants of the relationship between the two in other parliamentary systems.     

Juvenile Drug Court Program Admission,Demeanor and Cherry-Picking: A Research Note

The influence of demeanor in criminal justice research has predominantly centered on arrest and sanctioning outcomes. This study examines demeanor at the juncture of juvenile drug court admission by attributing behavior perceived to be favorable or unfavorable to program compliance and success to either juveniles or their parents/guardians. Analysis of 76 juvenile drug court case files enabled examination of how parent and child demeanor impacts specialty court admission. Findings suggest that program admittance (i.e., system leniency through diversion) is largely a function of projected attitude and behavior during screening interviews, but selection decisions are made irrespective of demeanor source. Implications of the findings for drug court processes and continued system involvement are discussed.     

反倾销法中的最佳可获信息规则初探

反倾销法中的最佳可获信息规则(BIA)有其存在的合理性,但客观上对出口方不公平。WTO立法对BIA做出了指导性和原则性规定,WTO争端解决机构(DSB)的实践对该规则有所发展和引伸。欧美的BIA要求十分详细,适用条件明确,欧盟的规定在文字上更接近WTO。中国的BIA已有制度和实践基础,需要进一步完善。     

Explaining the Disparity in Results Across Studies Assessing Racial Disparity in Police Use of Force: A Research Note

In the spring and summer of 2016, seven studies that examined the impact of subject race on police use of force were announced in the media and the paraphrased headlines ranged from “there is bias in the use of force,” “there is no bias in the use of force,” and “there is bias in some types of force, but not others.” The purpose of this research note is to examine these disparate findings and the methods that might explain them, with attention to sample characteristics, the types of analyses, the number and character of agencies studied, and how concepts are operationalized. This analysis will help research consumers analyze critically the results from race-and-force studies and, hopefully, add to our understanding of this important national issue.     

Domestic Violence: Research and Implications for Batterer Programmes in Europe

The European Union is in the early stages of developing policy and practice guidelines for dealing with domestic violence offenders. There is a real danger, however, that that policy and practice is going to be shaped by political lobbyists rather than academic literature and evidence-based practice. Feminist advocates control the curriculum of domestic violence perpetrator programmes in the US and more recently in the UK and proscribe treatments that do not conform to their conceptualisation of domestic violence. Feminist advocates conceptualise domestic violence as unilateral male-to-female violence enacted to control and dominate women, supported by the patriarchal beliefs and systems of the wider society. Academic support for this theory is lacking, however, and scientifically sound evaluations find that programmes based on this philosophy have little or no effect on recidivism. Empirical literature suggests that domestic violence is not a unitary phenomenon and that perpetrators are a heterogeneous group whose treatment should match their crimingenic needs and risk.     

议会参与WTO事务问题初探

WTO直接影响到世界上大多数国家及各国人民的生活,这要求增强其透明度和民主,加大议会对WTO事务的参与和监督.对WTO的议会监督传统上指国内议会的监督,用以审查在WTO的谈判和承诺是否符合本国的利益和法律.此外还存在从国际层面通过国际议员会议对WTO事务展开监督和施加影响的第二种方式.有观点认为现有的这两种方式不足以对WTO展开有效的监督,需要在WTO框架内建立起多边议会监督机制.是否建立以及建立什么样的WTO议会机制,其根本判断价值和标准应该是能增强发展中国家对WTO事务和决策的参与,而不应该加剧不平衡,进一步向发达国家倾斜.在WTO框架下的多边议会监督机制的讨论刚刚开始,主要是组织形式和程序方面的问题,包括议会是否应是咨询性的,主要进行信息公布和交换,与国内议会的关系,与WTO秘书处的关系等观点和问题.在议会的监督作用等问题上已有共识.     

Parliamentary influence in a new democracy: The Spanish congress

This study, based on elite interviews and quantitative data, examines the public policy‐making influence of the Spanish Congress since the formation of its new democracy (1979–96). Three of the factors considered in this study are derived from previous comparative legislative studies: (1) the size of or absence of majority representation of the government party in the legislative body; (2) the degree of party unity and party discipline; and (3) the existence of a specialised committee system. In new democracies, we must also take into account the malleable circumstances of the new regime. In Spain, the following also appear to have an impact on parliamentary influence especially: (1) the special requirements of the process of democratic consolidation; (2) the nature of legislation; (3) the formal rules affecting parliament; (4) the impact of membership in the European Union; and (5) Spain's asymmetric federal structure.     

Parliamentary questions in the European parliament: Representation,information and control

Parliamentary questions and the membership of the European Parliament have both remained under‐researched. This article redresses the deficit by using a content analysis of written questions to analyse the behaviour of MEPs. Since tabling a question is one of the last formal rights of the backbencher, the study of parliamentary questions may be regarded as a particularly useful tool for increasing our knowledge of the way that MEPs understand their role as representatives. First the formal rules, function, and importance of parliamentary questions are explained. The following dimensions of questions are analysed: the questioning activity of MEPs, party groups, and national delegations; the issues MEPs raise in their questions, and the territorial dimension of the questions.