Prime ministers in the age of austerity: an increase in the personalisation of voting behaviour

This article tests the personalisation thesis in Portugal (2002–2015), as well as its causes, focusing on changes in the level of party identification and perceptions of the economy. Portugal is an interesting example given its recent experience of a harsh economic crisis, as well as a decline in party identification. Results confirm a growing exogenous impact of leader evaluations on voting over the period but not in a linear fashion. During the crisis, the growing trend of leader effects for the incumbent party continues for those voters who have a positive perception of the economy. Conversely, for the main opposition party, leader effects are greater for those who perceive the economy as being worse. Thus the crisis operates as a catalyst for leader effects. The impact of leaders is also greater among the de-aligned, the numbers of which rise considerably during the period under analysis. It is voters with no party identification, who use leaders as proxies to a greater extent. These conclusions may extend to further studies on leader effects in Western democracies and help to shed light on the process through which leaders are becoming more relevant in voting decisions.     

Party animals,career changers and other pathways into parliament

Research on parliamentary careers has paid little attention to variations in pre-parliamentary career patterns and their value in explaining legislators’ parliamentary success. Using sequence and cluster analysis, this article identifies typical career tracks taken by Party Animals, Local Heroes, Late Bloomers, Land Legislators, High-Flyers and Career Changers based on a comprehensive dataset of German parliamentarians’ biographies (1998–2014). The analysis confirms the role of the party as the primary career facilitator before and within parliament. Nonetheless both Career Changers and High-Flyers climb the greasy pole all the way to the national parliament without much service to the party. The former type, however, suffers from a lack of networks and experience, which is reflected in the limited career success within parliament. This article demonstrates that the use of sequence analysis on career paths offers a promising approach in distinguishing and explaining the opportunities, choices and obstacles MPs face in parliament.     

The Election of African American State Legislators in the Modern South

This study is the most comprehensive analysis of the election of black state legislators in the American South. We start with the election of Leroy Johnson to the Georgia Senate in 1962, the first African American to win a state legislative seat in the modern South. We also document the election of all subsequent African Americans who were the first to enter their southern state legislative chambers. Next, we assess the factors influencing the election of southern black state legislators from the 1970s through 2015. Because of notable long-term changes to the southern electorate and alterations in the racial composition of legislative districts, there has been substantial variation in the likelihood of electing black lawmakers. Our final analysis highlights the undeniable reality and broader significance that the increasing share of southern African American state legislators has occurred at the same time that Republican representation has grown at a greater rate.     

Campaigns and the Selection of Policy-Seeking Representatives

Can voters learn meaningful information about candidates from their electoral campaigns? As with job market hiring, voters, like employers, cannot know the productivity of candidates, especially challengers, when they elect them. The real productivity of representatives only reveals itself after the election. We explore if the information revealed during the “hiring process” is a good signal of the legislative effort of elected representatives. In the incomplete information environment of election campaigns, candidates should turn to credible signals to indicate their “type” to voters. Campaigns—and campaigning—are means by which candidates can, in principle, signal their motivations to voters. Is a candidate’s behavior on the campaign trail informative about his or her behavior and effort as a legislator? Does it, for example, reveal whether a candidate will be more hard working and legislatively active? Using evidence from the European Parliament, we show that campaign activity prior to the election is not related to policy-seeking behavior in the legislature post-election. The finding also holds in two national-level settings and across a variety of measures of legislative effort. Those who campaign harder do seem more likely to win the election, but campaign effort seems to provide a poor guide to what the winner does once elected.     

论商法通则的立法定位及其逻辑展开

立法定位既是商法通则立法的基点和逻辑起点,亦是指导商法通则司法适用的线索和指南。从商法通则和《民法总则》的关系、自身属性、适用对象三方面考虑,商法通则应当是“补充法”“权利法”和“裁判法”。制定商法通则不是对民法典“民商合一”立法体制的否定,恰恰是对民法典的必要“补充”和有益“完善”;商法通则的内容设计应当以商事权利为主轴和核心;其规范逻辑结构与构成要素应当符合构成要件—法律后果之要求,以便于法适用和司法裁判。在三者关系上,“补充法”和“裁判法”的商法通则是从“外部”关系进行考虑的;“权利法”是从商法通则“内部”属性来认识的;“权利法”和“补充法”的商法通则是从“静态”视角看待的,“裁判法”是从“动态”适用视角考虑的。     

论动物的法律地位——兼谈动物福利法的立法构想

在倡导人与动物和谐共处的当今社会,增强动物福利观念,体现人文关怀,善养善宰动物,这不仅关系到人们的身体健康,也关系到人类自身的发展与进步。动物福利法的立法目的应是维护人类尊重生命、爱护生命的善良道德情操和保护动物的生命、福利。动物福利法的制定已经成为我国的必然,只有在吸取其他国家和地区动物福利立法的经验教训,明确动物福利法的目的之前提下,才能制定出一部符合时代要求和民族精神的动物福利法。     

论中国行政立法程序的蜕变

自2004年《立法法》颁布以来,我国的行政立法程序有了一个比较大的变迁。行政立法从规划本位转变到立项本位,起草从内部协调为主到法治、民主和效能的综合考量,草案审查的法治化和行政法规规章解释制度的改革等都体现了我国行政立法程序已经进入一个新的历史阶段。     

中国刑法死刑过度的立法矫治

从规范的角度考查,我国刑法对死刑采取了总则原则规定与分则具体规定的立法模式.然而,刑法分则在为具体个罪配置死刑中却存在严重的立法精神分离、偏离总则任意配置的问题.抑制中国刑法死刑过度的趋势,必须以恢复刑法精神的契合为切入,确保立法精神在总、分则的贯通,为死刑配置确定科学的适用基准,以此实现立法矫治的目标.     

中国古代立法解释的客体特征试探

中国古代社会,立法解释作为一种有权解释.它与法律相伴而生,并发挥着不可替代的重要作用.历代统治者都对立法解释问题给予了高度重视.通过对历代法典条文的分析与研究,从刑法原则、罪名、刑名等几个方面来探究中国古代立法解释的客体.     

完善我国地理标志法律保护实证分析

对地理标志国际保护的最新国际公约《与贸易有关的知识产权协议》 (TRIPs协议 )所设定的一般保护原则及例外规定 ,对完善各成员的地理标志保护制度具有重要的指导意义。目前 ,我国尚未建立统一的地理标志注册和保护体系。地理标志的法律保护宜坚持以商标法为主 ,其他相关法律为辅的立法模式 ,明确地理标志管理和保护机制、统一并规范用语、具体明确地理标志构成要素和审批标准、完善地理标志的保护标准。