Supremacy and hegemony: a reply to Palmer and Martin

In a 2019 article in this journal, which drew on previous work, we argued by examination of a number of extremely important cases that the senior judiciary is in the process of attempting to create judicial supremacy in the UK. It is doing so, not by democratic debate, but by legal procedural innovation incomprehensible to the electorate. Invited by the journal to reply to a criticism of our argument by Dr Stephanie Palmer and Dr Stevie Martin, we have sought to defend our account of the undemocratic procedural novelty of those cases.     

Institutional reform and public attitudes toward EU decision making

In the face of the discourse about the democratic deficit and declining public support for the European Union (EU), institutionalist scholars have examined the roles of institutions in EU decision making and in particular the implications of the empowered European Parliament. Almost in isolation from this literature, prior research on public attitudes toward the EU has largely adopted utilitarian, identity and informational accounts that focus on individual-level attributes. By combining the insights from the institutional and behavioural literature, this article reports on a novel cross-national conjoint experiment designed to investigate multidimensionality of public attitudes by taking into account the specific roles of institutions and distinct stages in EU decision making. Analysing data from a large-scale experimental survey in 13 EU member states, the findings demonstrate how and to what extent the institutional design of EU decision making shapes public support. In particular, the study finds a general pattern of public consensus about preferred institutional reform regarding powers of proposal, adoption and voting among European citizens in different countries, but notable dissent about sanctioning powers. The results show that utilitarian and partisan considerations matter primarily for the sanctioning dimension in which many respondents in Austria, the Czech Republic, Denmark and Sweden prefer national courts to the Court of Justice of the EU.     

Can the Boundary Commissions Help the Conservative Party? Constituency Size and Electoral Bias in the United Kingdom

As part of a strategy to remove perceived biases operating against it in the system used for elections to the House of Commons, the British Conservative party is promoting a revision of the rules used by the Boundary Commissions to ensure greater equality in constituency electorates. A Bill designed to achieve this—and also to reduce the size of the House—was introduced to the House of Lords in 2007. This paper critiques that Bill and suggests an alternative formulation that would better achieve the goal, whilst identifying a number of operational difficulties that its implementation would involve.     

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.     

Superfluous or Mischievous: Evaluating the Determinants of Government Defeats in Second Chambers

Governments often extol the policy refining functions of second chambers, but in bicameral parliamentary systems, governments must balance these policy refinement functions with their ability to pass legislation in the second chamber. I examine government defeats in the second chamber, suggesting they are a function of the cost and the likelihood of defeat. Using an original dataset, I find that strong veto authority creates incentives for governments to act strategically to avoid defeats (even when facing a friendly chamber), while opposition majorities and a weaker ability to sanction members who deviate from their party's position increase the likelihood of defeat.