Do Constraints Limit Opportunism? Incumbent Electoral Performance Before and After (Partially) Fixed-Term Laws

Political Behavior - Over the last two decades, a number of Westminster parliamentary countries have adopted fixed or partially fixed election dates in response to growing public concerns about the...     

To Treaty or Not to Treaty? Aboriginal Peoples and Comprehensive Land Claims Negotiations in Canada

Although the federal comprehensive land claims (CLC) processhas become an almost hegemonic paradigm of government–Aboriginalrelations in Canada, this article argues that Aboriginal groupsshould consider abandoning the CLC process if they have notbeen able to make significant progress towards completing treaties.Previously, many Aboriginal groups had no better option butto negotiate CLC treaties to achieve their goals. Now, however,a number of institutional developments have given Aboriginalgroups a range of other options that are worth pursuing insteadof CLC treaties. These developments are: Two judicial decisionshanded down in 2004 and the emergence of three policy instrumentsoutside of the treaty process: Self-government agreements, bilateralagreements, and the First Nations Land Management Act.     

Representative democracy and cabinet selection: The determinants of ministerial appointment in territorial government

In Westminster parliamentary democracies like Australia, Canada, and New Zealand, research has found that cabinet composition is driven mainly by longstanding norms and practices that privilege older, white males with certain educational and political experiences. Do these trends apply at the subnational level where the demographic make-up can be quite different? To answer this question, we draw upon an original dataset of all members of the legislative assembly and cabinet in three Canadian territories from 1979 to 2022. These territories are unique given that Indigenous communities loom large in their governments and societies. Using an event history model, we find that territorial cabinets very much reflect the demographic make up of their legislatures, similar to what occurs at the federal level. We also observe important differences between the territories, which suggest that the influence of Westminster structures and norms are likely mediated by factors unique to each territory.     

“威望“号船事件之后的油污立法

通过对在“威望”号船事件之后国际上有关的油污立法及采取的措施作一个较全面的介绍,尤其是重点介绍欧盟及西班牙的有关立法和措施,对有关“威望”号船事件的调查以及在油污立法变革方面存在的有关问题进行阐述和评论。     

SURROGACY IN JAPAN: LEGAL IMPLICATIONS FOR PARENTAGE AND CITIZENSHIP

Japan has not yet regulated assisted reproductive technology by law. This lack of rules and regulations leaves to the courts the solution of numerous controversies, and puts patients in a situation of considerable uncertainty about their rights. First, the article uses a Supreme Court case on foreign surrogacy to discuss how courts should decide when there is a conflict between existing laws and the best interest of the child. Then, after describing the current situation and trends of surrogacy in Japan, the article examines a potential problem of coherence in prohibiting surrogacy and at the same time allowing adoption by the intended parents.