Intellectual Property Counterfeiting and Piracy – Response of Small Commonwealth Jurisdictions∗

This article provides an analysis of some recent developments relating to Constitutional law in Jamaica, including the legal issues arising from tied elections and the dual nationality of parliamentarians. It also discusses a case relating to the failure to incorporate the United Nations Convention on Transnational Organized Crime (the Palermo Convention). In this case, though the Palermo Convention contemplates investigations by agents of one country on the territory of another for certain crimes, one state party found it was unable to carry out such investigations on the territory of another. Although the latter country, a CARICOM member state, was also a party to the Convention, it had not enacted the required implementing legislation     

The 2013 South Tyrolean Election: The End of SVP Hegemony

The results of the 2013 South Tyrolean elections, held on 27 October, caused major changes in the political system of the autonomy. For the first time since the Second World War the South Tyrolean People's Party (SVP) lost its absolute majority. While the German secessionist parties increased their electoral support, the Italian parties suffered heavy electoral losses, thus leading to an under-representation of Italian speakers in the political institutions. The election report shows how the electoral results affect the South Tyrolean system of ethnic proportional representation, which is characterized by an increasing asymmetry.     

Rebel-to-political and back? Hamas as a security provider in Gaza between rebellion,politics and governance

ABSTRACT

After winning the 2006 Palestinian Legislative Council (PLC) elections and subsequently taking control of the Gaza Strip in the summer of 2007, the Palestinian Hamas – a hybrid political, social and military actor – undertook a complex process to ascertain authority and control over Gaza. The article focuses on understanding Hamas’s performance as a political party and a “rebel government” as well as the impact of this newly acquired role on the group’s strategy. Relying on primary sources, field-work and interviews with members of the Hamas government and its security sector, the study looks at Hamas’s role as a security provider and analyses the complex relationship between the institutionalized security sector and the group’s insurgent armed wing. Examining Hamas’s logic as a security provider and exploring the inherent tensions between political and insurgent logics allows for a better understanding of both the rebel group’s role as a political actor and the broader challenges behind the successful rebel-to-political transformations of non-state armed organizations. In doing so it contributes to the emerging literature on non-state actors’ shifts between ballots and bullets and on their potential role as alternative governance providers.     

The 2011 presidential election in Peru: a thorny moral and political dilemma

The 2011 presidential elections in Peru was the third one held in the post-Fujimori era. A perusal of the campaign's political dynamics reveals pervasive anti-democratic behaviours, attitudes and rhetoric on the part of key political actors, showcasing the degree to which Peru remains an unconsolidated, precarious democracy. The second round presented a moral and political dilemma insofar as two unsavoury candidates of highly dubious democratic credentials vied for the presidency: Ollanta Humala, a former army lieutenant burdened by accusations of human rights violations who, additionally, led or supported two military uprisings; and Keiko Fujimori, the daughter of a convicted and jailed dictator who unabashedly touted the legacy of her father's authoritarian regime and surrounded herself with tainted fujimoristas. The paradox of this undesirable electoral outcome, which can be read as a popular rebuke of the status quo, is that it took place in the Latin American country posting the fastest economic growth over the past decade.     

Do party leadership contests forecast British general elections?

When assessing election forecasts, two important criteria emerge: their accuracy (precision) and lead time (distance to event). Curiously, in both 2010 and 2015 the most accurate forecasts came from models having the longest lead time—albeit at most 12 months. Can we increase the lead time further, supposing we tolerate a small decrease in accuracy? Here, we develop a model with a lead time of more than 3 years. Our Party Leadership Model relies on the votes of MPs when selecting their party leader. We assess the forecasting quality of our model with both leave-one-out cross-validation and a before-the-fact forecast of the 2019 general election. Compared to both simple forecasting methods and other scientific forecasts, our model emerges as a leading contender. This result suggests that election forecasting may benefit from developing models with longer lead times, and that party leaders may influence election outcomes more than is usually thought.     

When does inequality demobilize? New evidence from the American states

Income inequality has been rising throughout the industrialized world, particularly in the United States. This long been thought to depress turnout, but extant research has yielded mixed findings. Here, I argue that the inequality-turnout relationship is conditional, depending crucially on election salience. I test this by using three decades (1984–2014) of panel data from the U.S. states and by leveraging the fixed and exogenous occurrence of presidential (higher-salience) and midterm (lower-salience) elections. Overall, I find a negative and statistically significant relationship between income inequality and voter turnout in midterm election years, but a substantively small and non-significant relationship in presidential election years. I attribute this to the ability of presidential contests, relative to midterms, to counteract the demobilizing influence of high inequality, by piquing voters’ interest and activating citizens who would otherwise abstain. Overall, these findings help us to better understand of the politics of electoral participation in an era of high, and rising economic inequality.     

Coattails and spillover-effects: Quasi-experimental evidence from concurrent executive and legislative elections

Concurrent elections are widely used to increase turnout. We theorize and show empirically how concurrency affects electoral outcomes. First, concurrency increases turnout and thereby the participation of peripheral voters. Second, in combined elections, one electoral arena affects the other. In our case of majoritarian executive elections concurrent to proportional representation (PR) legislative elections, the centripetal tendency of majoritarian elections colors off to the concurrent PR race. Third, concurrency also entails spillovers of the incumbency advantage of executive officeholders to the concurrent legislative race. Drawing on quasi-random variation in local election timing in Germany, we show that concurrency increases turnout as well as council votes for the incumbent mayor's party and centrist parties more generally, with slightly more pronounced gains for the political left. As a consequence, concurrent elections consolidate party systems and political power by leading to less fragmented municipal councils and more unified local governments.     

The Europeanization of national elections. The role of country characteristics in shaping EU issue voting

Research has shown that voting in European elections is affected by domestic politics. However, in the last years, and particularly after the European debt crisis, also the EU has gained relevance and salience in national politics. In this paper we address the Europeanization of national elections and assess to what extent the characteristics of countries condition the intensity of EU issue voting. Using data from the European Election Studies and the Comparative Manifestos Project, our results demonstrate the importance of congruence between citizens' and parties’ positions on the EU for the individual vote on the national level and show how this varies across countries. We provide evidence that EU issue voting is more intense in countries with more political influence in the EU as well as in countries that are net contributors to EU funds.     

Do populist values or civic values drive support for referendums in Europe?

Representative democracy gives voters the right to influence who governs but its influence on policy making is only indirect. Free and fair referendums give voters the right to decide a policy directly. Elected representatives usually oppose referendums as redundant at best and as undermining their authority at worst. Democratic theorists tend to take electing representatives as normal and as normatively superior. The nominal association of popular decision making and populism has strengthened this negative view. Public opinion surveys show substantial support for holding referendums on important issues. Two major theories offer contrasting explanations for popular support for referendums; they reflect populist values or a commitment to the civic value of participation. This innovative paper tests an integrated model of both theories by the empirical analysis of a 17-country European survey. There is substantial support for all three civic hypotheses: referendum endorsement is positively influenced by attitudes towards participation, democratic ideals and whether elected representatives are perceived as responsive. By contrast, there is no support for populist hypotheses that the socioeconomically weak and excluded favour referendums and minimal support for the effect of extreme ideologies. The conclusion shows that most criticisms of referendums also apply to policy making by elected representatives. While referendums have limits on their use, there is a democratic argument for holding such ballots on major issues to see whether or not a majority of voters endorse the choice of their nominal representatives.     

Owning the issue agenda: Party strategies and vote choices in British elections

Explanations of party competition and vote choice are commonly based on the Downsian view of politics: parties maximise votes by adopting positions on policy dimensions. However, recent research suggests that British voters choose parties based on evaluations of competence rather than on ideological position. This paper proposes a theoretical account which combines elements of the spatial model with the ‘issue ownership’ approach. Whereas the issue ownership theory has focused mainly on party competition, this paper examines the validity of the model from the perspective of both parties and voters, by testing its application to recent British general elections. Our findings suggest that as parties have converged ideologically, competence considerations have become more important than ideological position in British elections.