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Much recent research on coalitions and policy‐making in parliamentary democracies requires high‐quality data on the strength of legislative institutions. In this article, I introduce a new index of committee policing strength which improves on existing measures in important ways. I specify key index parameters using a binary rooted tree model and engage human coders to score formal rules. I obtain a novel time series of committee policing strength in 17 western and eastern European democracies since 1945. I validate the new estimates through convergent validation and discuss ways in which the new index contributes to future work.
What explains the power of parliamentary committees? A large literature on the United States Congress sees strong legislative committees as a consequence of legislators’ incentives to cultivate a personal vote. These incentives are typically understood to be determined by formal electoral rules. How legislatures are elected thus shapes how they are organised. This article argues that explanations of legislative organisation should also consider a non‐institutional source of personal vote‐seeking incentives: voters’ partisanship. Where partisan dealignment is more extensive, legislators have stronger incentives to develop a personal vote. Where committee systems are more powerful, legislators have better opportunities to do so. Partisan dealignment should thus lead to stronger committee systems. This argument is supported by analysis of original data on the postwar evolution of committee systems in five ‘Westminster’ parliaments. Partisan dealignment is associated with larger committee systems, and with larger expansions of committee systems.
When considering the political institutions that helped lead the American Revolution, often we focus on the Continental Congress. Celebrated and influential figures such as George Washington, John Adams, Thomas Jefferson, and others provided invaluable leadership during pivotal moments. However, they were not alone. Often forgotten and overlooked are the various committees, yet they too were instrumental in the Revolution’s success. Without these committees, composed of common people, the Continental Association could not have been possible. Despite the Patriots’ ultimate success, it would be inaccurate to assume that they did not encounter significant challenges. Divisions and disunity threatened the Revolution, posing complex issues for the Congress and the committees to consistently address. With legitimacy and unity hanging in the balance, Patriots used coercion, boycotts, ceremonies, and newspapers to combat dissent. Such measures allow us to recognize the Revolution as a civil war whose conclusion was anything but determined.
How legislatures allocate power and conduct business are central determinants of policy outcomes. Much of the literature on parties and the committee system in legislatures examines which members serve on which committees. What has received less attention are the mechanisms by which parties allocate members to committees. I show that parties in the US Senate use matching mechanisms, like those used in school choice and the medical residency match. Republicans and Democrats use two distinct matching mechanisms, such that canonical theories of parties cannot apply equally to them. The Republican mechanism is strategyproof, whereas the Democrat mechanism incentivizes politicians to manipulate their reported preferences. Leveraging matching theory, I make theoretical predictions; corroborating them with archival correspondence and committee requests/assignments data.
Veto power consists of the right of one or more players to unilaterally block decisions but without the ability to unilaterally secure their preferred outcome. Our experiment shows that (i) committees with a veto player take longer to reach decisions (are less efficient) and generate less consensus than without a veto player, (ii) veto power substantially enhances proposer's power, and (iii) non-veto players are substantially more willing to compromise than veto players. We relate our results to the theoretical literature on the impact of veto power as well as to concerns about the impact of veto power in real-life committees.
This dissertation experimentally analyzes the outcomes of multilateral legislative bargaining games in the presence of a veto player.
The first essay examines veto power—the right of an agent to unilaterally block decisions but without the ability to unilaterally secure his/her preferred outcome. Using Winter's (1996) theoretical framework, I consider two cases: urgent committees where the total amount of money to be distributed shrinks by 50% if proposals do not pass and non-urgent committees where the total amount of money shrinks by 5% if proposals do not pass. Committees with a veto player take longer to reach decisions (are less efficient) than without a veto player and veto players proposals generate less consensus then non-veto players proposals, outcomes on which the theory is silent. In addition, veto power in conjunction with proposer power generates excessive power for the veto player. This suggests that limiting veto players’ proposer rights (e.g., limiting their ability to chair committees) would go a long way to curbing their power, a major concern in committees in which one or more players has veto power. Finally, non-veto players show substantially more willingness to compromise than veto players, with players in the control game somewhere in between. I relate the results to the theoretical literature on the impact of veto power as well as concerns about the impact of veto power in real-life committees.
The second essay discusses in detail the voting patterns in the veto and control games reported in the first essay. The empirical cumulative density functions of shares veto players accepted first degree stochastically dominates that of shares for the controls and the empirical cdfs of shares the controls accepted first degree stochastically dominate that of shares for non-veto players. Random effect probits support this conclusion as well. In addition, regressions imply favorable treatment of voting and proposing between non-veto players which, however, does not result in larger shares in the end. Coalition partners consistently demand more than the stationary subgame perfect Nash equilibrium share except for veto players in non-urgent committees.
This research note contributes to moving the scholarly field of international investment law beyond its dominant focus in recent decades on issues of post-admission investment protection and investor–State dispute settlement (ISDS). Specifically, it maps a future research agenda focusing on issues of investment facilitation and investment liberalization. This research note analyses several common and important themes that arise in relation to treaty-based investment facilitation and investment liberalization commitments. These include the value-added of international legally binding obligations, the impact of international commitments on States' applied policies, and a notable shift away from investor–State arbitration towards State–State dispute settlement only and mechanisms for ongoing cooperation between the treaty parties. These themes raise challenging questions, which often call for future empirical research employing methods other than traditional legal analysis. Nevertheless, this research note suggests that the scholarly field of international investment law has much to gain from shifting some of its focus away from well-versed issues of investment protection and ISDS towards under-researched questions concerning investment facilitation and investment liberalization commitments.
Neighborhood democratization refers to homeowners’ efforts to create a liberal commons in an authoritarian state, or, more specifically, their wresting of control over their neighborhoods through democratic elections from management companies and developers, whose neighborhood dominance local governments often acquiesce in for a variety of reasons. This chapter defines neighborhood democratization, identifies its challenges, and argues that the success or failure of neighborhood democratization depends on how the party-state balances its demand for effective governance and the risk posed by homeowner mobilization and association.
Although the 13 United States courts of appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics but also to many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each court of appeals. In-depth interviews of the chief judges of all 13 circuits and surveys of all clerks of court reveal previously undisclosed practices and customs.
Although the 13 United States courts of appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics but also to many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each court of appeals. In-depth interviews of the chief judges of all 13 circuits and surveys of all clerks of court reveal previously undisclosed practices and customs.
Responding to the need to make democratic governance more anticipatory, during recent decades parliaments have increasingly made efforts to involve elected legislators directly in addressing future risks and envisioning long-term developments. At the level of general democratic-institutional principles, engaging legislators in national-level foresight is expected to enhance the general legitimacy of future-regarding policymaking almost automatically by broadening the scope of democratic actors involved in policy work. However, even the basic mechanisms through which the impact of legislature-based foresight activities could traverse to policymaking remain largely uncharted and unknown. To develop a preliminary framework for detecting and comparing such mechanisms, we draw from the experiences of the most institutionalised and influential legislature-based foresight unit, the Committee for the Future in the Finnish Eduskunta. We extract three general mechanisms through which parliamentary future committees could make a valuable contribution to national-level strategic foresight: (1) they can improve the quality of future-regarding policymaking by broadening and consolidating national foresight “ecosystems”; (2) they can strengthen the transparency and accountability of the foresight work of political executives; and (3) they can enhance the legitimacy of anticipatory governance by connecting broader democratic publics to foresight work through more inclusive participatory processes.
The use of genetically modified (GM) animals in biomedical research has increased during recent years and its ethical aspects have been subject to ongoing academic discussion. In order to reinforce this discussion, we analysed applications submitted to animal ethics committees in Sweden during 2002. The aim was to investigate the researchers' statements concerning the production and use of GM animals, as well as the committees' assessments of the applications. For our analysis, we constructed an analytic form. In part, we included the questions and categories of the mandatory application form, noting for example species, degree of severity regarding pain and distress, the management of pain, and endpoints. In addition, we included our own specific questions and categories, and classified the applications accordingly. In particular we focused on the methods of GM animal production and on the expected clinical symptoms attributable to genetic modification and experimental use. Our analysis, which was partly quantitative and partly qualitative, revealed that applications were often approved by the committees despite containing insufficient information regarding ethically relevant aspects, that the arguments for using GM animals were often unclear, and that some applicants indicated awareness of possible unintentional welfare effects attributable to genetic modification. In more than 36% of the applications, obvious or minor clinical symptoms attibutable to genetic modification were expected. However, we also noted that many applicants emphasised that certain GM animals were to be used without the expectation that the animals would display any clinical symptoms. This was obviously viewed as an ethical advantage.
To what extent can presidents exert gatekeeping power in opposition-led legislatures? Drawing on a study of roll rates in the Mexican Chamber of Deputies, where presidents lack legislative majorities and often face a legislature controlled by the opposition, this article argues that gatekeeping power is divided among multiple actors. It finds that presidents exert weak gatekeeping power over the agenda. While presidents and their parties are rarely defeated in votes related to presidential initiatives, they generally create stable, informal coalitions with opposition parties to pass their bills. Moreover, the agenda-setting power of the president and the president’s party is weaker with bills that originate in the legislative branch, where the party is occasionally rolled on legislative initiatives and during the amendment stage if it is not also the median party.
This chapter describes the institutionalized form of consensual decision-making that prevailed in the House of Commons from the advent of consistent record-keeping in the Tudor period to the first two years of the Long Parliament. It highlights the role of status interaction in maintaining the primacy of consensual decisions while also specifying under what conditions these same status interactions occasionally resulted in meaningfully majoritarian decisions. Despite the presence of regular procedures that enabled majoritarian decision-making, the members of the early Stuart House of Commons almost completely avoided making decisions that were meaningfully majoritarian prior to the outbreak of the English Civil War. The House instead forged consensus with recourse to debate, committees, and a variety of other procedural mechanisms. They did so because enumerated votes (divisions) and meaningfully majoritarian voice votes had damaging status implications for Parliament, the Commons, and its members.
Some federal legislation is unambiguously incomprehensible, even to the lawmakers sponsoring the bills. Yet this legislation passes through both houses of Congress anyway. Part of the reason involves the benefits of legislative incomprehensibility; if hardly anyone understands what a bill means or how it might work, the bill may actually be able to pass more easily since it is hard to identify substantive flaws. Party leaders who are under pressure to pass some legislation can strongarm rank-and-file members to toe the party line and vote in favor. This chapter identifies the significance of this incomprehensible law problem and closes by offering preliminary suggestions for reform.
Consumer protection law is notoriously imbalanced with respect to the superior ability of sellers to process information as compared to their customers. Yet despite the resulting comprehension asymmetries, the design of consumer contract law and disclosure requirements regularly fail to encourage sellers to communicate meaningfully with the target audience. This chapter explores how consumer protection law tacitly encourages incomprehensibility and proposes reforms which would provide increased incentives for meaningful communication between buyers and sellers.
How is the use of political lotteries related to party development? This article discusses the effects of a lottery-based procedure used to distribute committee appointments that was once common across legislatures in nineteenth-century Europe. The authors analyze the effects of a political lottery in budget committee selection in the French Third Republic using a microlevel data set of French deputies from 1877 to 1914. They argue that the adoption and benefit of lottery-based procedures were to prevent the capture of early institutions by party factions or groups of self-interested political elites. The authors find that partial randomization of selection resulted in the appointment of young, skilled, middle-class deputies at the expense of influential elites. When parties gained control of committee assignments in 1910, selection once again favored elites and loyal party members. The authors link lottery-based procedures to party development by showing that cohesive parties were behind the institutional reform that ultimately dismantled this selection process. Lottery-based procedures thus played a sanitizing role during the transformation of emerging parliamentary groups into unified, cohesive political parties.
Many legislatures around the world are undergoing a ‘participatory makeover’. Parliaments are hosting open days and communicating the latest parliamentary updates via websites and social media. Public activities such as these may make parliaments more informative and accessible, but much more could be done to foster meaningful democratic renewal. In particular, participatory efforts ought to be engaging citizens in a central task of legislatures – to deliberate and make decisions on collective issues. In this article, the potential of parliamentary committees to bring the public closer to legislative deliberations is considered. Drawing on insights from the practice and theory of deliberative democracy, the article discusses why and how deeper and more inclusive forms of public engagement can strengthen the epistemic, representative and deliberative capacities of parliamentary committees. Practical examples are considered to illustrate the possibilities and challenges of broadening public involvement in committee work.
Recent research on parliamentary institutions has demonstrated that legislatures featuring strong committees play an important role in shaping government policy. However, the impact of the legislators who lead these committees – committee chairs – is poorly understood. This study provides the first examination of whether the partisan control of committee chairs in parliamentary systems has a systematic impact on legislative scrutiny. The article argues that committee chairs can, in principle, use their significant agenda powers to serve two purposes: providing opposition parties with a greater ability to scrutinize government policy proposals, and enabling government parties to better police one another. Analyzing the legislative histories of 1,100 government bills in three parliamentary democracies, the study finds that control of committee chairs significantly strengthens the ability of opposition parties to engage in legislative review. The analysis also suggests that government parties’ ability to monitor their coalition allies does not depend on control of committee chairs.