Book reviews

The Politics of Central Europe by Attila Ágh. London: Sage Publications Ltd, 1998. Pp.xii + 244. £15.99 pb ISBN 0 7619 5032 X.

Legitimacy and the European Union by David Beetham and Christopher Lord. Harlow: Addison Wesley Longman Ltd, 1998. Pp.viii + 144. £11.99 pb ISBN 0 582 30489 X.

Party Discipline and Parliamentary Government edited by Shaun Bowler, David M. Farrell and Richard S. Katz. Columbus, OH: Ohio State University Press, 1999. Pp.ix + 304. $59.95 hb ISBN 0 8142 0796 0; $22.50 pb ISBN 0 8142 5000 9.

Conscience and Parliament edited by Philip Cowley. London and Portland, OR: Frank Cass, 1998. Pp.204 £35 hb ISBN 0 7146 4836 1; £16.50 pb ISBN 0 7146 4388 2.

The House of Lords: Its Parliamentary and Judicial Roles edited by Brice Dickson and Paul Carmichael. Oxford: Hart Publishing Ltd, 1999. Pp.258. £30 hb ISBN 1 84113 020 6.

Namibia's Post‐Apartheid Regional Institutions: The Founding Years by Joshua Bernard Forrest. Woodbridge, Suffolk: University of Rochester Press, 1999. Pp.xviii + 408. £40 hb ISBN 1 58046 028 3.

Bakom Riksdagens Fasad by Magnus Hagevi. Göteburg: Akademiförlaget, Corona, 1998. Pp.314 pb ISBN 91 24 16844 0.

Feminist Perspectives on Public Law edited by Susan Millns and Noel Whitty. London: Cavendish Publishing Limited, 1999. Pp.xviii + 306. £19.95 pb ISBN 1 85941 480 X.

Senates: Bicameralism in the Contemporary World edited by Samuel C. Patterson and Anthony Mughan. Columbus, OH: Ohio State University Press, 1999. Pp.xii + 360. $52 hb ISBN 0 8142 0810 X; $19.95 pb 0 8142 5010 6.

Deliberative Democracy in Australia: The Changing Place of Parliament by John Uhr. Cambridge: Cambridge University Press, 1998. Pp.xvi + 265. £45 hb ISBN 0 521 62458 4; £15.95 pb ISBN 0 521 62465 7.

Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Nominees by David Alistair Yalof. Chicago, IL: University of Chicago Press, 1999. Pp.x + 296. £19.50 hb ISBN 0 226 94545 6.     

Pre-parliamentary backgrounds of Australian major party MPs: effects on representation

Legislative recruitment patterns are an important study in the field of political science, given their consequences for the practice of parliamentary government. The Australian parliament is a bicameral legislature, including a powerful elected upper chamber. This article details the pre-parliamentary party backgrounds of Australia's two major parties, the Australian Labor Party (ALP) and the Liberal/National Party coalition (LNP) in the 39th Australian Parliament (1998–2001). It is hypothesised that the pre-parliamentary backgrounds of Upper House major party MPs are dominated by central party experience, while the party experience of Lower House MPs is more significantly localised. It is further hypothesised that these differences in pre-parliamentary backgrounds will remain constant when the respective parties are evaluated individually. This appears something of a paradox given that one would expect central party activists to prefer a legislative career in the lower house, affording them greater ministerial opportunities. The causes of such deviations from expected background distributions amongst legislators is explored. Contrary to traditional findings, upper house MPs are highly partisan, performing functionary roles to assist their lower house colleagues secure re-election. Strong senator partisanship is reflected in the non-parliamentary practice of major party senators. Such partisanship is a consequence of party selection methods, the electoral system and pre-parliamentary party backgrounds, not necessarily the uniquely powerful Australian Senate. It is therefore significant in the Australian polity and may have consequences for less powerful and/or unelected upper chambers in other bicameral parliaments.     

Polls as Public–Politic Linkage: A Comparative Analysis of Poll Use and Roles of MPs in Parliamentary Debate

Opinion polls as a linkage mechanism between the public and politics have rarely been examined in a parliamentary context. In our comparative study (Germany, New Zealand, Switzerland and the United Kingdom) we analyse if and how polls are invoked by MPs with different roles in parliamentary debates. Focusing on three theoretical aspects (responsiveness, populism and deliberation), we find that polls are indeed invoked to bring the views of the public into parliamentary debate to some degree, but they are also often used merely to support policies already developed in the political realm. Fears of the populist effect of polls are exaggerated; polls, in fact, have a positive influence on the discursive quality of parliament. Looking at parliamentary roles, we find very different patterns of poll use: while MPs oriented towards their constituencies use polls in the most direct and participatory vein, others mediate public opinion as displayed by polls through different institutions (the party, the parliament) or through expertise.     

Strategic Behaviour in Parliament

Most research on roll call votes considers each voting decision by members of parliament (MPs) as an independent observation. Only recently have scholars (for example, Clinton, 2012, American Journal of Political Science, 56, 355–372; Clinton & Meirowitz, 2004, American Journal of Political Science, 48, 675–689) started to assess how knowledge about the sequence of votes may help us to understand the legislative process in more detail. Many of these analyses are, however, predicated on quite important assumptions regarding the forward-looking capacities of MPs. In this paper, this more recent literature is drawn on and brought to bear on an analysis of two bills adopted in the Swiss parliament. Having detailed information available on MPs’ preferences over various options voted upon, it is possible to test whether MPs behave strategically, and to what degree they are capable of anticipating the way forward through the agenda tree. Evidence is found that MPs behave strategically, but their foresight is not as perfect as one would expect from theoretical models.     

Book reviews

Stuart M. Kaye. International Fisheries Management. Kluwer Law International, The Hague, Netherlands, 2001. 606 pp. (hard cover). $172.00

Rosalee Love. Reefscape, Joseph Henry Press, Washington D.C., 2001. 264 pp. (hard cover). $24.95

Olav Schram Stokke (ed.), Governing High Seas Fisheries: The Interplay of Global and Regional Regimes, Oxford University Press, New York, 2001. 365 pp. (hard cover). $95.00

Norman J. Vig and Michael E. Kraft (eds.). Environmental Policy: New Directions for the Twenty‐First Century. 4th ed. Congressional Quarterly Press, Washington D.C., 2000. 416 pp. (paperback). $39.95

Joseph Franke and Teresa M. Telecky. Reptiles as Pets: An Examination of the Trade in Live Reptiles in the United States. The Humane Society of the United States, Washington D.C. 2001. 146 pp. (paperback). $10     

Violence against Women in Scandinavia: a Description and Evaluation of two new Laws Aiming to Protect Women

Violence against women by a present or former male partner has over the last decade been given a higher priority in the political discussion in all of the Scandinavian countries. Increasingly, violence in intimate relationships is viewed as a public rather than a private matter in these countries. With this change in attitudes and levels of political interest, higher expectations are placed on official authorities, including the criminal justice system, to deal actively with this social problem. In all of the Scandinavian countries it may, for example, be decided by a prosecutor that a woman should be protected from a man by issuing a restraining order. Moreover, a new offence called ‘gross violation of a woman's integrity’ was introduced into the Swedish penal code in 1998. With this offence, less serious but repeated violent acts committed by a man against a present or former female partner are to be judged as one serious offence. The stipulated sanction for this offence is imprisonment between 6 months and 6 years. The purpose of this article is to evaluate how the police, the prosecutors and the courts deal with this new offence. The article also present results from an evaluation of restraining orders in Sweden.     

Japan’s Ivory Trade in the Face of the Endangered Species Convention

Abstract

Commercial trade in ivory remains one of the major threats to the survival of an iconic wildlife resource: the elephant, in particular the African species (Loxodonta africana). At its 2016 Johannesburg meeting, the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) adopted by consensus an urgent call for the closure of domestic markets for ivory. The only Party which has openly defied that call is Japan – claiming that its own domestic ivory market is strictly controlled, and does not contribute to elephant poaching elsewhere. The present study analyzes that claim in light of the evidence, including the country's legislation (as recently amended) and its application in practice (as documented by multiple recent surveys). The author's findings do not support Japan's claim to a sweeping exemption from the global ban agreed by the CITES Conference. On the contrary, in view of serious shortcomings in the Government's current legislative and administrative controls over the ivory trade (especially with regard to internet transactions), the author recommends effective termination of Japan's domestic ivory market; and pending such closure, a reclassification of Japan in category 2 of the CITES legislation list (‘legislation believed not to meet all the requirements for CITES implementation’).     

Vice Laws and Self-Sovereignty

There is an important moral difference between laws that criminalize drugs and prostitution and laws that make them illegal in other ways: criminalization violates our moral rights in a way that nonlegalization does not. Criminalization is defined as follows. Drugs are criminalized when there are criminal penalties for using or possessing small quantities of drugs. Prostitution is criminalized when there are criminal penalties for selling sex. Legalization is defined as follows. Drugs are legalized when there are no criminal penalties for manufacturing, selling and possessing large quantities of drugs. Prostitution is legalized when there are no criminal penalties for owning or operating a brothel or escort service, no criminal penalties for working as a paid agent for sex work, and no criminal penalties for paying someone for sex who is above the age of legal employment and sexual consent. The criminalization of drugs and prostitution violate the right of self-sovereignty in depriving individuals of important forms of control over their own minds and bodies, but nonlegalization does not violate this right. It is therefore consistent, as a matter of principle, to advocate decriminalization but to oppose legalization.     

Books

The Chinese Army after Mao, by Ellis Joffe. Weidenfeld and Nicolson, London, 1987. 210 pp. £20. ISBN 0 6745 4849 3

Centre and Province in the People's Republic of China: Sichuan and Guizhou 1955–1965, by David S. G. Goodman. Cambridge University Press, Cambridge, 1986. 257 pp. £22.50. ISBN 0 5213 2530 7.

The China Challenge, by David S. G. Goodman, Martin Lockett and Gerald Segal. (Chatham House Papers 32) Routledge and Kegan Paul, London, New York and Andover, 1986. 86 pp. £5.95 paperback. ISBN 0 7102 1111 2.

Understanding Communist China: Communist China Studies in the United States and the Republic of China, 1949–1978, by Tai‐chun Kuo and Ramon H. Myers. Hoover Institution Press, Stanford, California, 1986. 179 pp. £17.50 hardback, £9.95 paperback. ISBN 0 8197 8341 4 and 0 8179 8342 2.

The Myth of Japanese Uniqueness, by Peter N. Dale. Croom Helm, London, 1986. xi + 233 pp. £25. ISBN 0 7099 0899 7.

Mongolia: Politics, Economics and Society, by Alan J. K. Sanders. Francis Pinter, London, and Lynne Reinner, Boulder, 1987. xxii + 179 pp. £22.50 hardback, £6.95 paperback. ISBN 0 86187 430 7 and 0 86187 431 5.     

Environmentalism: Movements,rhetorics, representations

Leif Ohlsson, ed., Hydropolitics: Conflicts Over Water as a Development Constraint. London: Zed Books, 1995.

John M. Donahue and Barbara Rose Johnston, eds., Water, Culture, &; Power: Local Struggles in a Global Context. Covelo, CA: Island Press, 1998.