Brexit and the British Constitution: Reflections on the Last Three years and the Next Fifty

The decision to leave the EU provoked the biggest constitutional crisis of recent British history. The referendum—a device for circumventing the parliamentary process—was followed by conflict between a minority government and a majority of MPs unwilling to leave the EU without satisfactory alternative arrangements. The courts, drawn into this conflict, upheld conventions that sustain the authority of Parliament and restrain the despotic power of ministers. The reaction of members of the current government was to take disreputable and anti-democratic positions against both the Speaker of the House of Commons and the courts. They now have a sufficient majority in Parliament to resume adherence to constitutional conventions and restore a political culture of debate and tolerance, but they show little sign of doing so, and there is a risk that they will do irreparable damage to the political culture that underpins democracy.     

Parliamentary Prorogation in Comparative Context

This paper examines the power to prorogue (or suspend) Parliament following the 2019 prorogation controversy in the UK. We outline the legal basis of prerogative-based prorogation, survey its uses in the UK and other Westminster systems, and compare it with equivalent rules in other European parliamentary democracies. The comparative perspective highlights the outlier status of the UK among comparable European democracies. In the UK, the absence of explicit legal limits on the use of prorogation gives the executive exceptional scope to employ the power for political purposes to sidestep Parliament. We conclude by discussing the implications of these findings for current discussions about the desirability of reforming the UK’s prorogation rules and placing express legal limits on the executive’s power.     

Why Women Don’t Win Literary Awards: The Saltire Society Literary Awards and Implicit Stereotyping

The purpose of this analysis is to consider the Saltire Society’s Book of the Year and First Book of the Year Awards in relation to wider issues pertaining to media representations of Scottish literary and publishing culture. Through a statistical analysis of the Society’s Book of the Year and First Book of the Year shortlists and winners between 1988 and 2014, this examination shows the extent to which the Society’s Literary Awards reflect, as opposed to subvert, historic and existing gender imbalances in Scottish literary and publishing culture. Indeed, despite critics arguing that there was a change in tide in the late 1980s and early 1990s regarding the balance in gender representation in Scottish literature, this analysis suggests that Scotland’s book award culture, and in turn, literary culture more widely, remains dominated by men. Perceptions of the apparent ‘balancing’ of the gender disparity in Scottish writing do not align with the statistics discussed here, a fact further evidence by misconceptions held by members of the Society’s own Literary Awards judging panels. Accordingly, this article contends that such inconsistencies lend credence to the argument that the Society’s judges have participated in implicit stereotyping based upon culturally pervasive stereotypes’ that Scottish women writers play a ‘minor’ role in Scottish literary and publishing culture.     

试论西方哲学中的“常识”概念

"常识"是西方哲学中的一个重要概念.它具有普遍性、直接性、明晰性的品格,其内容涉及形而上学、认识论和实践哲学的各个方面,因此成为西方哲学中被经常讨论的话题.结合对英国古典经验主义、苏格兰常识哲学和批判的常识主义等对"常识"概念的研究表明,它在西方哲学中的意义、地位和作用是十分明显的.因此,加强对"常识"概念的研究是我们对西方哲学研究中不应忽视的方面.     

Brexit,Fisheries and Scottish Devolution: An Intergovernmental Disruption

With the UK set to leave the EU, the Common Fisheries Policy (CFP) will no longer apply and an alternative legislative framework will need to be put in place, simultaneously navigating the devolved settlement. However, aspects of fisheries management fall under the area of international negotiation which is reserved to the UK government. Disagreements between the UK and Scottish governments over where the line between devolved and reserved lies in this matter has led to difficulties in formulating a post‐Brexit fisheries framework. This dispute has exposed weaknesses in relations between the two governments.     

What has the Brexit Process done to Scotch Whisky?

The United Kingdom’s membership of the European Union does not have any impact on Scotch whisky itself: Brexit or not, Scotch whisky is Scotch whisky. However, it features more prominently in the Brexit negotiations than, for example, beer. This is because Scotch whisky is a highly export‐oriented product which brings large economic benefits to the UK—particularly Scotland—and its brand is protected by the international regime of intellectual property rights protection, especially, by the geographical indications regime championed by the EU. Moreover, the Brexit negotiations have led to the resurfacing of another political issue which affects Scotch whisky: Scottish independence. As a strong territorial brand, the constitutional status of Scotland is highly relevant to Scotch whisky and the investigation into the impact of the Brexit process on Scotch whisky has highlighted the inter‐connectedness of various political issues.     

Eurosceptics in trilogue settings: interest formation and contestation in the European Parliament

Trilogues have been studied as sites of secluded inter-institutional decision making that gather the Council of the European Union, the European Parliament (EP) and the European Commission. Trilogues, however, are not exempt from formal and informal party-political dynamics that affect intra- and inter-institutional contestation. The increase in Eurosceptics in the 2014 EP elections offers an opportunity to investigate their efforts to shape the position and behaviour of the EP negotiating team in trilogues. Therefore, this article investigates to what extent Eurosceptic party groups participate in trilogue negotiations and how mainstream groups deal with their presence. The analysis shows that the opportunities to participate in trilogues and shape the EP’s position are higher for those perceived as soft Eurosceptic MEPs, while mainstream groups apply a ‘cordon sanitaire’ to those perceived as being part of hard Eurosceptic groups – which reduces the chances of MEPs from those groups being willing to participate in parliamentary work.     

Institutional Foundations of Legislative Turnover: A Comparative Analysis of the Swiss Cantons

Abstract: The rate of turnover within parliaments remains an understudied area of research. The present paper contributes to filling this gap by presenting the first comparable macro‐level data on legislative turnover in the 26 Swiss cantonal legislatures. In examining the strikingly different levels of turnover in sub‐national Swiss parliaments between 1993 and 2011, the focus is on politico‐institutional features. Multilevel models reveal that two hitherto neglected institutional variables are correlated with legislative turnover. In addition to the reduction of parliamentary size, we find the strength of a cantonal parliament to affect turnover rates on the Swiss sub‐national level. Moreover, we show that proportional representation significantly promotes parliamentary elite circulation. Among the non‐institutional covariates, we find that electoral volatility is also relevant in explaining legislative turnover rates.     

韩国国会议员社会背景管窥

韩国国会议员的社会背景是其政策决策的社会源流。韩国的内外政策从宏观看存在着左右分野,而从微观看则明显带有个人的影响。韩国社会是一个人情社会,社会标签与网络决定了个人的情绪与政策喜好。在对议员社会背景的分析中,性别与血型、血缘与地域、教育经历、职业生涯、特别经历等因素决定了议员本人的活动与价值观,从而决定了政策的基本走向。这些基本的社会背景因素对国会议员的议政活动和议会政治发展产生了种种影响。     

Does the UK Have Influence in the EU Legislative Process?

The UK has influenced some major EU policies, such as the creation of the single market and enlargement. But how influential are the UK government and British MEPs in the day‐to‐day EU legislative process? To answer this question, this article analyses recent data from the Council of the European Union and the European Parliament. The evidence is mixed. In the Council, in recent years the UK government has been outvoted more often than any other EU government, yet UK officials remain well connected ‘behind the scenes’. In the European Parliament, British MEPs are now more likely to be on the losing side than are the MEPs of any other member state, yet British MEPs still win key committee chairs and rapporteurships. The evidence suggests that if the UK votes to remain in the EU, Britain's political elites will need to re‐engage with Brussels politics if the UK is to avoid becoming further marginalised from mainstream EU politics.