On Joining the Constitution

A new independent crossbench peer takes stock of the institution he has just joined, examines the arguments for reform and ponders what might await.     

The House of Lords and homeless people's rights

For the past 20 years, there has been legislation enshrining certain rights for homeless people. This essay is an assessment of the judiciary's role towards homeless people as far as it applies to the most senior court, the House of Lords. It describes the nature of those issues where the House of Lords have had the opportunity to discuss the operation of the homeless persons legislation. It also seeks to explore the reasons why the approach taken has been restrictive. The House of Lords has played an important part in interpreting the homeless rights legislation. The restrictive role of their Lordships is contrasted with other areas where the court has taken rather more generous perspectives on the rights of vulnerable people. It canvasses the various reasons why this should have occurred and notes that limited assistance can be gleaned from traditional approaches to this judicial task. It suggests that the concept of differential politicization throws useful light on the process.     

防范银行住房消费信贷风险的法律完善

由于法律制度的不完善等原因,银行在住房消费信贷中承担着较高的风险。应根据住房消费信贷的特点和我国的社会现状,完善有关住房消费信贷的法律制度,使住房消费信贷市场更加健康、有序地发展。     

Presidential coattails, incumbency advantage, and open seats: A district-level analysis of the 1976–2000 U.S. House elections

This study extends the analysis of presidential coattails to the most recent U.S. House elections. Building upon previous research on this subject, it draws a clear distinction between open and incumbent-held seats and presents evidence about several measures of presidential coattails. In particular, the analysis attempts to estimate, controlling for incumbency, the strength of presidential coattails (the proportion of the vote received by a congressional candidate that is due to the presence of the presidential nominee on the ballot) and the effectiveness of a president's coattails (the number of districts gained or retained by a party because of the net influence of presidential candidates). The results show that, contrary to earlier findings and trends, the unique impact of presidential coattails in open seat races did not decline. The results also suggest that several representatives who played a very prominent role in crafting the Republican strategy to win back control of the House in 1994 were the beneficiaries of the coattail effect.     

城市房屋拆迁的反思与再造

城市拆迁涉及公共利益和公民财产权的保护,房屋拆迁中行政强制处分的合理性、适当性与既有财产的安全性,应根据市场经济体制的性质达到应有的相称与均衡。当前房屋拆迁中普遍出现对公民个人利益的忽视和公民个人权利的践踏。为此,城市房屋拆迁需要再造,以平衡公共利益和个人利益为指向,做到房屋拆迁程序的公开透明,拆迁补偿的公平公正。     

Voices of the Commonwealth: An Oral History of the Modern Commonwealth 1965–2012

This article describes a major exercise undertaken by the Institute of Commonwealth Studies, London, to put together an oral history of the modern Commonwealth. The project was set in the context of a wider research agenda aimed at investigating whether the Commonwealth has made any difference globally in policy terms. As part of the exercise, the author, who was the lead researcher on the project, interviewed senior figures within the Commonwealth who played key roles in shaping the destiny of the organization and in influencing policy. The article is a personal account of the exercise.     

Young adults' under-representation in elections to the U.S. House of Representatives

The U.S. House of Representatives has one of the oldest pools of politicians in the world today: the average member of the House is 58 years at the time of their election, which is about 20 years older than the average American. But why are younger adults scarce among these representatives? Here we trace the relative absence of youth in both the primary and general elections of 2020 using a supply and demand framework. Our study finds that (1) the average candidate is much older than the average citizen and (2) young candidates perform less well than older candidates in both primaries and general elections. These results suggest that youth are disadvantaged because the two main parties do not nominate enough younger adults as candidates for winnable and safe seats. Young adults also seem to be disadvantaged indirectly at the electoral stage because they lack electoral capital (experience in running for and holding office) and tend to suffer strongly from the incumbency advantage of their opponents. We infer from these findings that barring reforms to rules governing minimum candidate ages and term limits, the under-representation of youth in U.S. national-level politics will continue for the foreseeable future.     

A Soiled Password: Democracy,the Word and Democracy,the Thing

The word‘democracy’ to be distinguished from the thing‘democracy.’ Removal by the Italian parliament of a corrupt and scandalous Premier for a respected, honest technician and a form of civil service government does not infringe the second category. Referendums give strength to a handful of already overmighty rich men controlling media outlets. Witness Fox Radio and TV and the poison of Glen Beck, also the virulent nationalism of the Murdoch and Desmond papers. Note the fifty plus year lag in enfranchising women in Switzerland, a self‐evident democratic advance held back by ‘the voice of the people’ in successive referendums. Government should be free from populism and be run by educated, intelligent people both in parliament and the Civil Service. ‘Yes Minister,’ however amusing, has done us a disservice. I would trust a senior civil servant above a press lord any day of the week. Witness the good sense of the Upper House in its current informed and experienced composition. The Lords blocked Tony Blair's plans to by‐pass Habeas Gorpus, refusing authoritarian government to an elected Premier with no sense of the rule of law or constitutional principle.     

Detailing Judicial Difference

In January 2004 Baroness Brenda Hale became the first woman to sit on the Appellate Committee of the House of Lords. Five years on, she has brought to her judicial role a lightness of touch that belies her increasingly significant impact on the court’s jurisprudence. Early forecasts that she would be “just a bit different” from her male companions have proved prophetic. However such assessments have stemmed primarily from a focus on her decision-making on a case-by-case basis. But what of her jurisprudence as a whole? This paper considers arguments for a more sustained and coherent methodological approach to analyses of Baroness Hale’s (and other judges’) jurisprudence as a framework through which to better understand and explore the potential of judicial difference and to better inform current debates about increasing judicial diversity in England and Wales.