Increasing Representative Accountability through Electoral Laws: The Consequences of the 2008 Romanian Electoral Reform

The paper tests the effects of the 2008 Romanian electoral reform on the behaviour of MPs with the help of personal interviews conducted post reform. The reform was meant to make MPs more responsive to the needs of constituents, which in turn should lead to more constituency input in the legislative process, while at the same time yielding proportional results. The paper finds that there are few channels for the transmission of constituents' needs to MPs, and the existing channels are used for petty requests that have little to do with the legislative procedure. This in turn encourages the development of clientelistic ties between representatives and voters, which benefit wealthier candidates. The study also finds that although the new system translates votes into seats closely, small parties may still be disadvantaged because of what Duverger (1954 Duverger, M. (1954). Political parties: Their organization and activity in the modern state, New York, NY: John Wiley. [Google Scholar]. Political parties: Their organization and activity in the modern state. New York: John Wiley) calls the psychological aspects of the wasted vote problem.     

The quality of referendum debate: The UK's electoral system referendum in the print media

This paper analyses the quality of debate surrounding the UK's 2011 electoral reform referendum as represented in the print media. It first considers how debate quality in the context of a referendum campaign may best be conceptualized. It then uses content analysis of media coverage to investigate three aspects of that debate: its quantity; the balance between Yes and No arguments; and the quality of reason-giving. It finds that the quantity of debate was comparable to other recent electoral reform referendums. Coverage was predominantly, but not overwhelmingly, hostile to change. The different indicators of the quality of reason-giving present a mixed picture. The paper concludes by considering how the analysis could be extended through further comparison with other cases.     

Vote-earning strategies in flexible list systems: Seats at the price of unity

In theory, flexible list systems are a compromise between closed-list and open-list proportional representation. A party's list of candidates can be reordered by voters if the number of votes cast for an individual candidate exceeds some quota. Because these barriers to reordering are rarely overcome, these systems are often characterized as basically closed-list systems. Paradoxically, in many cases, candidates are increasingly earning individual-level preference votes. Using data from Slovakia, we show that incumbents cultivate personal reputations because parties reward preference vote earning candidates with better pre-election list positions in the future. Ironically, the party's vote-earning strategy comes at a price, as incumbents use voting against the party on the chamber floor to generate the reputations that garner preference votes.     

An analysis of traditional rules applied by Australian courts to establish personal jurisdiction and their application in e-commerce

This article analyses the jurisdictional principles employed by Australian courts in establishing personal jurisdiction in traditional settings and its extension to e-commerce cases. The Australian courts apply the court rules to exercise personal jurisdiction over defendants. The article discusses these rules relating to serving process within and outside Australia and jurisdiction based on the submission of the parties. The adequacies of principles like forum-non-conveniens, forum selection clauses which are vital in the personal jurisdiction inquiry are analysed. The unique High Court decision in Dow Jones v. Gutnick is discussed and the approach followed by the court critically analysed to highlight the excessive exercise of personal jurisdiction. Other cases concerning the internet are also discussed to highlight the approaches followed to establish personal jurisdiction in internet and e-commerce cases. It is argued that the drawbacks highlight the need for legislation to regulate personal jurisdiction in e-commerce cases.     

Opening up personal data protection: A conceptual controversy

The existence of a fundamental right to the protection of personal data in European Union (EU) law is nowadays undisputed. Established in the EU Charter of Fundamental Rights in 2000, it is increasingly permeating EU secondary law, and is expected to play a key role in the future EU personal data protection landscape. The right's reinforced visibility has rendered manifest the co-existence of two possible and contrasting interpretations as to what it come to mean. If some envision it as a primarily permissive right, enabling the processing of such data under certain conditions, others picture it as having a prohibitive nature, implying that any processing of data is a limitation of the right, be it legitimate or illegitimate. This paper investigates existing tensions between different understandings of the right to the protection of personal data, and explores the assumptions and conceptual legacies underlying both approaches. It traces their historical lineages, and, focusing on the right to personal data protection as established by the EU Charter, analyses the different arguments that can ground contrasted readings of its Article 8. It also reviews the conceptualisations of personal data protection as present in the literature, and finally contrasts all these perspectives with the construal of the right by the EU Court of Justice.     

论我国农民参政权——基于2009年《选举法修正案草案》的现实思考

政治参与是衡量政治现代化的重要指标,是民主政治的重要内容。农民是中国最大的群体,却是政治参与的边缘群体。《选举法修正案草案》有望使农民获得真正意义上的平等选举权,更有机会参与国家政治生活;但应该在对其肯定的同时,更多地从我国农民参政所处的现状思考,通过对农民参政影响因素及现状分析,探寻一条适合国情的农民参政权的实现路径。     

犯罪学应当研究人肉搜索的规制之道

目前,人肉搜索在揭露腐败、打击犯罪方面起到了一定作用,同时也引发了诸多侵权事件。当前,最令人忧虑的是人肉搜索已经变成一场没有规则的"游戏",基本上处于失控的状态。使用人肉搜索涉及国家利益、社会公共安全和个人信息的保护。对人肉搜索并不能简单地作出"放"或者"禁"的结论,对人肉搜索应当在疏导的前提下予以规范。犯罪学等各方面的力量应当携手并肩,在优势互补中共同探寻人肉搜索的规制之道。     

The exploitation of Business Register data from a public sector information and data protection perspective: A case study

Business Registers (BRs) are a very important information resource for investors, creditors, financial institutions and public authorities. The possibility to aggregate and interconnect these data at a European level could enhance the transparency of companies towards those actors and add a great deal of value to the raw Business Register data. The European BRITE project intended to provide adequate tools to meet these demands. BRITE will provide easier access and cross-border interoperability of Business Register data throughout Europe. On the other hand, the processing of BR data within the BRs and BRITE triggers several important European legislations such as the Data Protection Directive and the Directive on the re-use of public sector information. In this paper, the processing of BR data will be analysed from the perspective of both data protection and public sector information laws, analysing as well the relation between both regulations. Do these regulations strike an optimal balance between the interests of private data vendors to re-use BR data and enhance business transparency and the need to protect the personal data of natural persons?     

Technological innovation within the Spanish tax administration and data subjects' right to access: An opportunity knocks

In this paper, we analyse the data subjects' right to access their personal data in the context of the Spanish Tax Administration and the legal consequences of the upcoming General Data Protection Regulation. The results show that there are still difficulties related to the scope of this right, the establishment of proper storage criteria, and in the procedures used by the data controllers to provide accurate information to the data subjects. This situation highlights the necessity to incorporate such technological innovation as metadata labelling and automatic computerised procedures to ensure an optimum management of the data subjects' access to their tax related personal information.     

Legislative voting in the pork-dominant parliament: evidence from the Philippine House of Representatives

In this paper I investigate how legislators behave in extremely pork-oriented, or pork-dominant, systems where virtually no party-line voting takes place and politicians strive to deliver individual/local benefits instead of national public policies. I argue that, in the pork-dominant context, most legislators vote with the president, who controls access to the pork pipeline, irrespective of their party affiliations. Thus, the president’s party legislators should have little incentive to vote against the president, regardless of voter demands for pork or policy; however, sometimes opposition-party legislators elected particularly from more-developed districts (where voters often desire policy over pork) should have strong incentives to vote against the president. These arguments are supported with quantitative studies of the post-authoritarian Philippine House of Representatives. It is found that, in the highly homogeneous legislature dominated by pork-seeking politicians, (1) most bills are passed with unanimous or near-unanimous consent, (2) governing-party legislators almost always vote with the majority of the members of the parliament, regardless of voters’ socio-economic conditions, and (3) opposition-party legislators, especially in more-developed areas, tend to vote against the parliamentary majority. These findings indicate that voters’ high socio-economic status promotes programmatic accountability, leading their representatives to undermine voting unity within the extremely cohesive pork-dominant legislature.