From a Top-Down to a Bottom-Up Approach to Legislative Oversight

Over the years there have been several studies of oversight in the context of the US Congress; much less attention, however, has been paid to the study of oversight in parliamentary systems. Comparative studies spearheaded by several international organisations in recent years offer a different perspective of legislative oversight. They emphasise a new concept, oversight potential, and suggest that strengthening this potential would help promote good governance, fight corruption and improve democracy. This study examines the concept of oversight potential in a pure parliamentary system – the Israeli Knesset. It shows that low potential impairs actual oversight in a parliamentary system that uses mainly police-patrol techniques as defined by the 1987 work of McCubbins and Schwartz. It suggests that increasing oversight potential will help improve the oversight outputs of the legislature. Finally, it develops a bottom-up legislative approach for measuring oversight potential, and by doing so it enriches this neglected field of research.     

National Parliamentary Control of EU Policy: The Challenge of Supranational Institutional Development

The history of the EU is characterised by rapid and complex institutional development. This leaves European Affairs Committees (EACs) in national parliaments with a moving target problem in their endeavours to control the government's EU policies. This paper investigates how EACs react to this challenge. Building on the rational delegation literature, it is argued that EACs are likely to adapt control instruments in tandem with institutional changes at the supranational level. Using McCubbins and Schwartz (1984, American Journal of Political Science, 28, 165–179), it is further argued that EACs are likely to want to impose both police patrol and fire alarm control on the government. These arguments are investigated in the case of Denmark during the 50-year period since the first Danish application for EU membership in 1961, and considerable support is found for the authors' hypotheses.     

Right target; wrong tactics: the trump administration upends East Asian order

President Donald Trump initiated a tariff war claiming that the ultimate target was mercantile Chinese economic practices. Numerous countries share such concerns about China. Yet the Trump administration’s approach is wrong for at least three big reasons. First, tariffs avoid addressing the most fundamental complaints about China while they undermine the longstanding and beneficial global liberal trade order. Second, the U.S. approach has been unilateral rather than multilateral, weakening America’s bargaining position while alienating close allies. Third, the Trump administration escalates what is an economic challenge into an existential threat, ignoring numerous benefits from Chinese policies as well as ignoring multiple areas where China has been a powerful global partner. Middle powers in Asia have acted collectively and individually to bolster the global trading system and avoid the worst consequences of the Trump actions while seeking to avoid making permanent binary choices between the United States and China. Beyond the immediate problems, the Trump tariff wars are creating, they also generate damaging second order effects that are undermining domestic and regional policies conducive to enhanced American strengths and an economically less mercantilist China.     

The Perils of Bula Matari: Constraint and Power in the Colonial State

This review article argues that analyses of the food security implications of emerging powers in Africa could be strengthened through foregrounding the issue of perspective. Researchers working in this area should engage with food security opinion contests, and avoid obscuring these debates moving forward.     

Briefly Noted

The argument is commonly made that television has changed the character of parliamentary elections. Its ever more central role in election campaigns outside the United States is held to have “presidentialized” parliamentary elections because it is a medium that projects personalities more effectively than ideas or policies. A comparison of the electoral roles of the Australian prime minister and the U.S. president indicates that both leaders are held personally accountable for government performance. However, such “presidentialism” appears to have little to do with television in Australia or in the United States. Television‐dependent citizens in both countries are less susceptible to the campaign appeals of chief executives than the rest of the voting public. Both leaders, but especially the president, do have an electoral impact. Counter to expectations, however, this impact makes itself felt in both cases among those voters who are not dependent on television for their political information and cues. Party identification seems to insulate the television‐dependent more successfully against leader effects.     

Beyond committees: parliamentary oversight of coalition government in Britain

Abstract

A legislature’s ability to engage in oversight of the executive is believed to derive largely from its committee system. For example, powerful parliamentary committees are considered a necessary condition for the legislature to help police policy compromises between parties in multiparty government. But can other parliamentary instruments perform this role? This article suggests parliamentary questions as an alternative parliamentary vehicle for coalition parties to monitor their partners. Questions force ministers to reveal information concerning their legislative and extra-legislative activities, providing coalition members unique insights into their partners’ behaviour. In order to test our argument, we build and analyse a new dataset of parliamentary questions in the British House of Commons covering the 2010?2015 coalition. As expected, government MPs ask more questions as the divisiveness of a policy area increases. Legislatures conventionally considered weak due to the lack of strong committees may nevertheless play an important oversight role through other parliamentary devices, including helping to police the implementation of coalition agreements.     

Institutional change in parliament through cross-border partisan emulation

Institutional responses of parliaments to international developments are widely regarded as efficient changes because they tend to be unaffected by partisan preferences and benefit all members of parliament equally. This article challenges that common notion by providing evidence that the institutional responses of national parliaments to European integration are in large part the result of international partisan emulation. Spatial regression analyses robustly show that parliamentary EU oversight institutions diffuse across member states whose majority parties have similar constitutional preferences. A parliament is more likely to emulate the EU oversight institution of another parliament if their majority parties have similar ideas about the territorial distribution of power and institutional framework for policy making. This result has important implications for our understanding of institutional change in parliament. Responses of parliaments to external developments may appear non-partisan at first sight but unfold partisan characteristics if one looks beyond the domestic level.     

Reviews

Adopting a comparative historical approach informed by Marxist theory of imperialism, this study demonstrates the tendencies toward conflict between past and present rising and declining imperial powers. In the present context the study compares and contrasts two types of imperialism: a highly militarised US empire based on wars and territorial occupations and a market-driven Chinese empire driven by an alliance of state, foreign and national capital. Both imperial systems are influenced by “overseas” diasporas. In the case of the USA, an internal Zionist power configuration loyal to Israel subordinates Washington's Middle East policies to the economically prejudicial interests of a militarist state (Israel), while in the case of China the overseas diaspora facilitates and promotes investments and trade enhancing China's dynamic economic expansion. The emerging contradictions between and within the two conflicting styles of empire building, point to the need for a social transformation, enhancing the power and position of labour against the Zionised state and speculative economy in the USA and the new plutocrats in China.     

Data protection in Europe – Some thoughts on reading the academic manifesto

The commentary by academics on the proposed European General Data Protection Regulation in [2013] 29 CLSR 180 has provoked thoughts in response. The responder strongly agrees with the doubts expressed about the definition of personal data, anonymisation and the identifiability of individuals. On the other hand, he disagrees with the views on consent and legitimacy and proposes support for a risk-based approach to data protection. He suggests that data protection does not need to be defended from the attack that it stifles business, but is justifiable for its assertion of fundamental rights. In conclusion, he shares the criticism of the European Commission's delegated and implementing powers and is concerned that the Regulation will be rushed to a conclusion for reasons of political ambition.