Reforming the Rules of the Parliamentary Game: Measuring and Explaining Changes in Parliamentary Rules in Austria,Germany, and Switzerland, 1945–2010

Questions of institutional change have recently received increased attention in comparative politics. Even though comparative legislative research has identified important effects of parliamentary rules on processes and outputs as well as large variation across countries, we know very little about changes in these rules. This article takes several steps towards mapping and explaining rule changes in European parliaments. Theoretically, it sketches a model explaining such changes based on the rational choice notion of institutions as endogenous equilibria. Methodologically, it proposes two complementary approaches to measure rule changes. In combination, these measures allow us to identify the content, relevance, and effects of changes in parliamentary rules. Empirically, the article provides the first systematic analysis of all changes in the parliamentary standing orders of Austria, Germany, and Switzerland since 1945. This analysis demonstrates that parliamentary rules are changed frequently and massively. It also identifies differences across countries and content areas that are largely in line with theoretical expectations.     

German Intelligence History: A Field in Search of Scholars

German historians have so far shown little interest in the history of intelligence services and in the role the craft of intelligence played in national and international politics. The sole exception is found in the historical writings on East Germany between 1945 and 1990, where the Ministry for State Security - or Stasi - has become the subject of dozens of highly valuable studies. This neglect cannot be explained simply by pointing to the difficulties in getting access to relevant source materials. A more plausible explanation is found in the reluctance on the part of most German intellectuals to study the broader questions of war and peace in international politics. Military history has been marginalised in post-1945 German universities. The same is largely true of international security studies, defence studies, studies of insurgency, terrorism and various related subjects. Peace and conflict studies, a discipline established sometime in the 1970s, has mostly avoided both war or intelligence. The deeper reasons for this neglect lie both in Germany's psychological atmosphere and in academic politics. Spy novels and spy movies are as popular in Germany as anywhere but their heroes almost never are Germans. Even those German intelligence officers and spies who worked against Hitler and might therefore be regarded as heroes are barely known in present-day Germany. Those few scholars who are now trying to build up the field of intelligence studies get little help from their government or from private funders. While East Germany publicly revered communist spies like Richard Sorge and Klaus Fuchs, the West German Bundesnachrichtendienst did and does nothing to publicise its achievements.     

British Intelligence and the Jewish Resistance Movement in the Palestine Mandate, 1945–46

At the end of the Second World War, British and Zionist interests came into conflict over the issue of Jewish immigration to Palestine, which raised the broader issue of what sort of National Home could exist within the British Mandate. As a result, in 1945–46, the three Jewish armed groups in the Mandate, the Haganah, Etzel and Lehi, started a loosely coordinated armed struggle against British rule. Even the moderates in the Jewish Agency rejected their former partner against Hitler, Britain, and used force against it in order to achieve their political goals. This article assesses British intelligence on these developments, and demonstrates that it failed to anticipate or even to understand the threat until the destruction of the King David Hotel. The article demonstrates that these mistakes occurred because British intelligence relied heavily on the intelligence organs of the Jewish Agency itself for intelligence about political threats within Palestine. The article assesses this intelligence failure, and its heavy costs. However, it denies that bad intelligence caused British failures in the Mandate. On the contrary, that failure stemmed from deeper problems of policy.     

German Idiosyncracies: Revisiting the finanzausgleich debate

Finanzausgleich. Die Verteilung der Aufgaben, Ausgaben und Einnahmen im Recht der Bundesrepublik Deutschland und der Europäischen Union. By ULRICH HÄDE. Tübingen: J.C.B. Mohr (Paul Siebeck), 1996, pp.619, DM 218.

Rechtliche und finanzwissenschaftliche Probleme der Neuordnung der Finanzbeziehungen von Bund und Ldndern im vereinten Deutschland. By KLAUS‐DIRK HENKE and GUNNER FOLKE SCHUPPERT. 1. Aufl., Baden‐Baden: Nomos Verlagsgesellschaft, 1993, pp.119, DM 41.

Der bundesstaatliche Finanzausgleich in Deutschland. Geschichtliche und staatsrechtliche Grundlagen. By JÜRGEN W HIDIEN, 1 Aufl., Baden‐Baden: Nomos Verlagsgesellschaft, 1999, pp.885, DM 198.

Die Verteilung der Umsatzsteuer zwischen Bund und Ldndern. By JÜRGEN W. HIDIEN. 1. Aufl., Baden‐Baden: Nomos Verlagsgesellschaft, 1998, pp.463, DM 98.

Handbuch Länderfinanzaugleich. By JÜRGEN W HIDIEN. 1. Aufl., Baden‐Baden: Nomos Verlagsgesellschaft 1999, pp.710, DM 178.

Finanzverfassung und Föderalismus in Deutschland und der Schweiz. By ALEXANDER JÖRG, 1. Aufl., Baden‐Baden: Nomos Verlagsgesellschaft 1998, pp.336, DM 88.

Bundesstaatliche Finanzordnung. Grundlagen, Bestand, Reform. By IRENE KESPER. 1. Aufl., Nomos Verlagsgesellschaft Baden‐Baden 1998, pp.430, DM 98.

Der Finanzausgleich zwischen Bund und Landern. By Stefan Korioth. Tubingen: J.C.B. Mohr (Paul Siebeck), 1997, pp.733, DM 228.

Grundlagen des Finanzverfassungsrechts (Sonderausgabe des Bonner Kommentars zum Grundgesetz ‐ Vorbemerkung zu Art. 104a bis 115 GG). By KLAUS VOGEL and CHRISTIAN WALDHOFF 1. Aufl., C.F. Müller Verlag, Hüthig GmbH Heidelberg 1999, pp.617, DM 178.     

Democracy through War?

This article brings together three strands of democracy research which have thus far seldom been informed by one another: the empirical research associated with the ‘democratic peace’ thesis, the juridical-normative questions of legality, and moral-philosophical reasoning about just war. Linking the statistical analysis of the democratic peace to the findings of comparative research on democratization and to the normative debates occurring in law and philosophy on just and legitimized wars, there is an inescapable conclusion that: jus ad bellum and jus post bellum criteria must be closely tied. The protection of people threatened by mass murder and brutal violations of human rights requires not only a short-term military intervention, but also the intensive support to establish sustainable rule of law and democracy. External actors intervening for humanitarian reasons equally have a duty to contribute to long-term sustainable state- and democracy-building. Forced regime change and an international trusteeship protectorate can become legitimate and necessary means to guarantee justice after war and to reconcile jus ad bellum principles with duties post bellum. A premature withdrawal of intervening forces, for example in Afghanistan or in Iraq, would amount to a flagrant violation of external actors' post-war duties.     

Self‐Embedding Behavior in Adults: A Report of Two Cases and a Systematic Review

Self‐embedding behavior (SEB) is the repeated insertion of sharp objects, such as needles or pins, into the soft tissues of abdomen, limbs, and other body parts. In this study, two cases of SEB were reported and the scientific worldwide literature reviewed. Thirty‐two cases of SEB were identified through systematic searches in the main bibliographic databases. Mean age was 35 years (SD = 8.97). Just over two‐thirds of the patients were female. Although the number of embedded objects could be as high as 200, major clinical and surgical complications were uncommon and mortality was null. Patients with SEB presented three major diagnoses: psychotic (25%), personality (21.9%), and factitious (28.1%) disorders. The practice of SEB largely went undetected as the patients themselves did not bring it to the attention of family members or physicians and usually denied they have engaged in SEB. A high level of suspicion is required to avoid a missed diagnosis.     

Competence to Complete Psychiatric Advance Directives: Effects of Facilitated Decision Making

Psychiatric advance directives (PADs) statutes presume competence to complete these documents, but the range and dimensions of decisional competence among people who actually complete PADs is unknown. This study examines clinical and neuropsychological correlates of performance on a measure to assess competence to complete PADs and investigates the effects of a facilitated PAD intervention on decisional capacity. N=469 adults with psychotic disorders were interviewed at baseline and then randomly assigned to either a control group in which they received written materials about PADs or to an intervention group in which they were offered an opportunity to meet individually with a trained facilitator to create a PAD. At baseline, domains on the Decisional Competence Assessment Tool for PADs (DCAT-PAD) were most strongly associated with IQ, verbal memory, abstract thinking, and psychiatric symptoms. At one-month follow-up, participants in the intervention group showed more improvement on the DCAT-PAD than controls, particularly among participants with pre-morbid IQ estimates below the median of 100. The results suggest that PAD facilitation is an effective method to boost competence of cognitively-impaired clients to write PADs and make treatment decisions within PADs, thereby maximizing the chances their advance directives will be valid.