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Luxembourg: A Case of More ‘Direct’ Delegation and Accountabilit y

Patrick Dumont and Lieven De Winter

in Delegation and Accountability in Parliamentary Democracies

Featuring an indirect chain of delegation and a reasonable correspondence to the singularity principle, the Grand Dutchy of Luxembourg presents a number of characteristics that approximate the ideal ... More

Featuring an indirect chain of delegation and a reasonable correspondence to the singularity principle, the Grand Dutchy of Luxembourg presents a number of characteristics that approximate the ideal type of parliamentary democracy. The country is a unitary parliamentary monarchy with a unicameral Parliament, and it has never used a referendum in the post-war period. Yet, a number of domestic institutions and policy-making procedures deviate from this ideal-typical picture, including collective decision-making within the cabinet and executive-legislative relations. Another constraint has been the country’s involvement in international organizations and arrangements that continuously reduce its sovereignty and thus the significance of the national chain of delegation and accountability.Less

Sweden: The Institutionally Invoked Consensus

Michael Koß

in The Politics of Party Funding: State Funding to Political Parties and Party Competition in Western Europe

The most important variable facilitating the Swedish parties' consensus on state funding was the constitutional reform of 1970. The constitutional reform strengthened the position of the bourgeois ... More

The most important variable facilitating the Swedish parties' consensus on state funding was the constitutional reform of 1970. The constitutional reform strengthened the position of the bourgeois parties since it rendered minority governments (during which the centre-right opposition parties enjoyed more influence both in parliamentary committees and commissions of enquiry) more likely. Furthermore, the constitutional reform was an incentive for the bourgeois parties to cooperate more closely. Put differently, they could adopt an office-seeking strategy, which in turn facilitated a consensus on state funding to political parties. Prior to 1970, the Social Democrats electorally and organizationally dominated to an extent that allowed them to marginalize its competitors in questions of party funding. Exploiting the coordinative discourse on political corruption, the Social Democrats were able to discredit business donations to the bourgeois parties, leaving these no other choice than to agree to state funding.Less

Parliamentary committees and inquiries

Ian Marsh and Darren Halpin

in Policy Analysis In Australia

Committees are an understudied aspect of parliamentary life and the policy process. There has been no recent comprehensive review of the Australian system. Yet in terms of activity and output, ... More

Committees are an understudied aspect of parliamentary life and the policy process. There has been no recent comprehensive review of the Australian system. Yet in terms of activity and output, committees occupy a significant proportion of the time of Members of the House of Representatives and Senators. For example, in the 43rd Parliament, there were fifteen House Committees, twenty-four Joint Committees and twenty Senate committees. Twenty were single subject Select Committees but most were standing committees with on-going oversight and investigatory roles. These issued 712 reports, averaging about 237 each year, ranging from short statements to quite lengthy reviews. This chapter offers a preliminary appraisal of committee activity – in particular, their actual and potential significance in the political and policy development process.Less

In-House Reproduction of the Lok Sabha

B.L. Shankar and Valerian Rodrigues

in The Indian Parliament: A Democracy at Work

This chapter looks at the in-house reproduction of the Lok Sabha in India and discusses the institutions of the speaker, opposition, and parliamentary committees. It argues that the opposition has ... More

This chapter looks at the in-house reproduction of the Lok Sabha in India and discusses the institutions of the speaker, opposition, and parliamentary committees. It argues that the opposition has been enormously strengthened in the 1990s while the Lok Sabha as an institution has also succeeded in domesticating the rebel and the recalcitrant by binding them into the regulatory structures of its functioning. The institution of the speaker in India needs to rediscover itself and come out of the trappings of the ruling dispensation. One of the ways by which the Parliament has built its embankments in recent years has been through the departmentally related committees. While the Lok Sabha may not sit today for as many hours as in certain earlier phases, the committees have shown the promise of pursing much work which the House as a whole undertook in earlier years.Less

Security as Normal Politics: The Rise of Security in Parliamentary Committees

Andrew W. Neal

in Security as Politics: Beyond the State of Exception

This chapter uses the rise in parliamentary committee engagement with ‘security’ to examine the migration of ‘security’ into ‘normal politics’. At the same time, it examines changing ... More

This chapter uses the rise in parliamentary committee engagement with ‘security’ to examine the migration of ‘security’ into ‘normal politics’. At the same time, it examines changing problematisations of security in committee activity. The chapter presents committee politics as a different kind of ‘political game’ in security. Although partisanship does play a role, at stake is not so much victory over the other side, but rather legitimacy and effectiveness in holding the government to account. The chapter discusses a number of explanations for the rise in activity on security, such as general increases in parliamentary activism over the same period, and a mirroring of security topics that appear in government activity and wider political debate. The chapter gives evidence to the book’s central claim that ‘security’ has been migrating into the ‘arena’ of ‘normal politics’.Less

Accountability of and to the Legislature

Nicholas Bamforth

in Accountability in the Contemporary Constitution

Theories concerning the roles of courts and legislatures entail certain assumptions about or explicit views concerning accountability. A traditional political constitutionalist might prioritise ... More

Theories concerning the roles of courts and legislatures entail certain assumptions about or explicit views concerning accountability. A traditional political constitutionalist might prioritise accountability of the United Kingdom government to the Westminster Parliament over judicial review, whereas a legal constitutionalist might focus on the role of the courts. In reality, of course, there is a range of accountability relationships relating to the legislature, and the priority one accords to each will tie directly to one's background approach. This chapter favours a ‘dialogue’ perspective, and tries to explain debate about accountability-related devices associated with the Westminster Parliament – ministerial responsibility and/or accountability, for example, or Parliamentary privilege – by reference to it. Scrutiny of anti-terrorism measures also offers a key illustration of the role played by a combination of judicial and political methods, with ‘dialogue’ between them, in promoting accountability in a sensitive and central area of the constitution.Less

Reform

Rosara Joseph

in The War Prerogative: History, Reform, and Constitutional Design

This chapter outlines my proposals for reform of the constitutional arrangements for the war prerogative. It proposes the enactment of a statute which would: require the government to obtain in the ... More

This chapter outlines my proposals for reform of the constitutional arrangements for the war prerogative. It proposes the enactment of a statute which would: require the government to obtain in the House of Commons a majority vote in support of deployment of the armed forces, except in identified situations; impose duties on the government to provide Parliament (and the public) with certain information about the proposed deployment; and establish a special joint committee of Parliament to scrutinize the relevant information and exercise a general oversight role over the deployment of forces. It also proposes a limited role for the courts in enforcing particular aspects of these procedural requirements. These proposals show that, through careful institutional design, democratic values and the interests of national security and operational efficiency can be reconciled and promoted.Less

Managing the Parliamentary Labour Party

Lewis Minkin

in The Blair Supremacy: A study in the politics of Labour's party management

Preserving discipline in the PLP was judged to be essential. This chapter examines the politics of management which is shown to involve much more than the whips role in relation to votes in the ... More

Preserving discipline in the PLP was judged to be essential. This chapter examines the politics of management which is shown to involve much more than the whips role in relation to votes in the Commons. Unnoticed by observers, behind the scenes there was a range of important conflicts and revolts within the management of a more integrated party. These give us a revealing perspective on the politics of the PLP as it developed in the three terms of Blair’s premiership. Explanations are offered for a management which was strong in avoiding the promised sharing of an element of government policy formulation agreed in the PLP in 1996, strong also in the rolling coup discreet security of procedural insulation against removal of the Leader, but weak over the unexpected and continuing failure of heavy sanctions against dissidents.Less

Press Leaks and Parliamentary Privilege 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

This chapter focuses on the issues of parliamentary privileges and press leaks in relation to the joint parliamentary committee's (JPC) deliberations on the banks scam. Though JPC chairman Ram Niwas ... More

This chapter focuses on the issues of parliamentary privileges and press leaks in relation to the joint parliamentary committee's (JPC) deliberations on the banks scam. Though JPC chairman Ram Niwas Mirdha reassured the press and the public that they would not be kept in the dark about the proceedings, he still has the last say and is the judge on what the people are entitled to know. The chapter suggests that Mirdha should be reminded that neither the press nor the people can compromise on their fundamental right to freedom of speech and expression and their right to know. In addition, it is possible that a member of the JPC who is baulked in his attempts to unravel the truth will be provoked to alert the press to the fact and the press for its part will be obliged to publish that information.Less

The Labour Leader as Parliamentarian, 1906–1907

in The Lancashire Giant: David Shackleton, Labour Leader and Civil Servant

This chapter examines the career of David Shackleton as a labour leader and Member of Parliament in 1906–1907. It describes two events in 1906 that saw him clearly emerge as a towering figure in the ... More

This chapter examines the career of David Shackleton as a labour leader and Member of Parliament in 1906–1907. It describes two events in 1906 that saw him clearly emerge as a towering figure in the labour movement. These include the election of officers by the Labour Representation Committee (LRC)-endorsed parliamentarians and the passage of the Trade Disputes Act. This chapter also highlights Shackleton's failure to get the party chairmanship and discusses the views the he placed more value on his position as chairman of the Parliamentary Committee of the Trade Union Congress.Less

Inquiries by Parliamentary Committees 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

This chapter criticises the Opposition's demand for a joint parliamentary committee (JPC) to investigate the involvement of Union Communications Minister Sukh Ram in the Telecom scandal. It contends ... More

This chapter criticises the Opposition's demand for a joint parliamentary committee (JPC) to investigate the involvement of Union Communications Minister Sukh Ram in the Telecom scandal. It contends that only an uneducated Opposition would demand a JPC on the Telecom scandal or any other scandal, and explains that the JPC was most unlikely to complete its job before the general elections. It argues that it is preposterous to suggest that the proposal for an agency outside parliament was an insult to parliament given that the Act of 1952 itself empowers the Lok Sabha to set up a commission of inquiry. This chapter also discusses the ruling on the precedent of the British Marconi Company in 1912.Less

Policy Priorities and Women’s Double Bind in Brazil

Luis Felipe Miguel

in The Impact of Gender Quotas

This chapter examines the behavior of female deputies elected under Brazil’s legislative quota. Studying committee membership, bill introduction, and parliamentary discourses, Luis Felipe Miguel ... More

This chapter examines the behavior of female deputies elected under Brazil’s legislative quota. Studying committee membership, bill introduction, and parliamentary discourses, Luis Felipe Miguel exposes how quotas exploit, but also reinforce, stereotypes linking women to “social issues.” This both informs but also potentially devalues women’s legislative work. On the one hand, the evidence shows that female MPs—all of whom are quota women—give greater priority to social and women’s rights issues than do their male counterparts. On the other hand, Miguel finds that women remain absent from positions of political influence and that, according to some data, women are less successful in passing their legislative initiatives than are men. Quotas thus produce a “double bind”: female legislators’ choices to focus on women’s rights and social issues may undercut their ability to amass the political clout needed to legislate successfully.Less

Parliament in Peril 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

This chapter discusses the negative impact of Union Communications Minister Sukh Ram's involvement in the Telecom scandal on India's parliamentary democracy. The government proposed to have an ... More

This chapter discusses the negative impact of Union Communications Minister Sukh Ram's involvement in the Telecom scandal on India's parliamentary democracy. The government proposed to have an examination of the relevant files by party leaders, conduct a debate in the two houses, and decide on the mode of inquiry thereafter. But these were rejected by the Opposition and demanded a prior commitment to the establishment of a joint parliamentary committee. This disagreement between the government and the Opposition prevented parliament from functioning.Less

2002 Draft I: Parliament and the Legislative Power

W. Elliot Bulmer

in Constituting Scotland: The Scottish National Movement and the Westminster Model

This chapter is the first of three central chapters in which the SNP’s 2002 constitutional text is examined in detail. This document, although now dated, is still the most detailed statement of the ... More

This chapter is the first of three central chapters in which the SNP’s 2002 constitutional text is examined in detail. This document, although now dated, is still the most detailed statement of the SNP’s constitutional policy ever to have been formally announced by the party. In examining the constitutional draft’s provisions relating to Parliament and the legislative branch, the chapter argues that the general structure of the proposals are sound, but that they lack the institutional and procedural clarity needed in a working constitutional text.Less

From Agency to Institutions and Back: Comparing Legislators’ Acting on Behalf of Women in Parliamentary Democracies

Silvia Erzeel, Didier Caluwaerts, and Karen Celis

in Representing the People: A Survey Among Members of Statewide and Substate Parliaments

Scholars of women’s substantive representation increasingly pay attention to institutions and new institutionalist theory. Previous studies hypothesize that institutions impact indirectly on women’s ... More

Scholars of women’s substantive representation increasingly pay attention to institutions and new institutionalist theory. Previous studies hypothesize that institutions impact indirectly on women’s substantive representation: institutions help to explain when and why women’s presence in parliament makes a difference. This chapter explores whether or not institutions also have a significant direct effect. The results show that regional parliaments in particular and proportional electoral systems are important for women’s substantive representation, as they provide incentives for male and female legislators to promote women’s interests. The presence of a gender-related committee has only a limited effect. At a more general level the results suggest that institutional engineering in order to increase the political representation of disadvantaged groups is possible, though rather limited.Less

Parliament

M.R. Madhavan

in Rethinking Public Institutions in India

This chapter discusses the performance of the Indian Parliament. It looks at the main functions of Parliament—making laws, holding the government accountable, sanctioning government expenditure—and ... More

This chapter discusses the performance of the Indian Parliament. It looks at the main functions of Parliament—making laws, holding the government accountable, sanctioning government expenditure—and the various procedures for exercising these functions. It discusses the design of these procedures and examines whether any changes can be made in order to improve their functioning. Finally, the chapter looks at some core structural issues that adversely affect the performance of parliament: the anti-defection law, lack of recorded voting as a norm, and limited resources for parliamentarians.Less

July 1858

Rosemary Ashton

in One Hot Summer: Dickens, Darwin, Disraeli, and the Great Stink of 1858

This chapter details events that occurred in London in July 1858. These include Charles Darwin's decision to focus on his health and that of his family after the death of his son, 18-month-old ... More

This chapter details events that occurred in London in July 1858. These include Charles Darwin's decision to focus on his health and that of his family after the death of his son, 18-month-old Charles Waring Darwin; newspaper coverage of the parliamentary committee formed to inquire into the state of the Thames and to come up with a plan to improve; the passage of Benjamin Disraeli's Thames Bill for the purification of the Thames; and the debates and eventual passage, on 21 July, of the Oaths Bill, which was intended to allow Jews elected to parliament — in particular Lionel de Rothschild — to take their seats without having to swear on the ‘true faith of a Christian’.Less

The Development of Wartime Propaganda and the Emergence of the NWAC

in Patriotism and Propaganda in First World War Britain: The National War Aims Committee and Civilian Morale

This chapter examines the wartime situation in Great Britain which prompted the establishment of the National War Aims Committee (NWAC). It discusses the negative impact of the failure of the Somme ... More

This chapter examines the wartime situation in Great Britain which prompted the establishment of the National War Aims Committee (NWAC). It discusses the negative impact of the failure of the Somme campaign on public opinion about the war and highlights Prime Minister David Lloyd George's recognition that systematic domestic propaganda was necessary to maintain public assent to the war. It describes the processes involved in the establishment of the NWAC and considers its links to other organisations like the pre-conscription Parliamentary Recruiting Committee.Less

At Last a Unilingual Punjab State: (1964–6)

J.S. Grewal

in Master Tara Singh in Indian History: Colonialism, Nationalism, and the Politics of Sikh Identity

Prime Minister Shastri was not willing to deviate from the policy of Nehru. Sant Fateh Singh declared that he would go on fast unto death on 10 September 1965. But in view of the war with Pakistan he ... More

Prime Minister Shastri was not willing to deviate from the policy of Nehru. Sant Fateh Singh declared that he would go on fast unto death on 10 September 1965. But in view of the war with Pakistan he decided to postpone his fast. The Home Minister, Gulzari Lal Nanda, announced the creation of a Cabinet Sub-Committee to advise a Parliamentary Consultative Committee for ‘a co-operative solution’. Before this Committee could present its report, the Congress Working Committee passed a resolution on 9 March 1966 in favour of constituting a Punjabi-speaking state. Due to the terms of reference given to the Boundary Commission using the census of 1961, the Bhakra Dam and Chandigarh fell outside the Punjab. Subsequently, Chandigarh was made a union territory and the Bhakra Dam was placed under the Government of India. A ‘crippled’ state was inaugurated on 1 November 1966.Less

Australia

Christian Leuprecht

in Intelligence as Democratic Statecraft: Patterns of Civil-Intelligence Relations Across the Five Eyes Security Community - the United States, United Kingdom, Canada, Australia, and New Zealand

Intelligence accountability in Australia balances compliance and bodies whose systematic focus is on efficacy and financial review with independent intelligence reviews, commissions, and inquiries ... More

Intelligence accountability in Australia balances compliance and bodies whose systematic focus is on efficacy and financial review with independent intelligence reviews, commissions, and inquiries that focus on efficacy. Australia differs insofar as it is not subject to a constitutionally or supranationally enshrined civil rights regime. A diversity of mechanisms, ranging from parliamentary committees and executive bodies to periodic independent reviews, fashion an oversight system that drives innovation. From the three Royal Hope Commissions to regular inquiries into the National Intelligence Community, Australia’s independent in-depth periodic reviews, inquiries, and commissions have a track-record of shaping and spurring change and innovation in the scope and structure of accountability across its broader intelligence and security community. The Australian tradition of independent expert intelligence reviews, commissions, and inquiries offsets the lack of accountability bodies dedicated to reviewing for efficacy and innovation. The chapter reviews the member organizations of the Australia’s National Intelligence Community, the strategic environment that has informed intelligence and accountability in Australia, national security threats as seen by Australia, as well as Australia’s systematic approach to reviewing and innovating its intelligence accountability architecture. It consists of the Inspector General of Intelligence and Security, the Parliamentary Joint Committee on Intelligence and Security, and the Independent National Security Law Monitor. Although similar to the United States Office of the Director of National Intelligence and the United Kingdom’s Joint Intelligence Organization, Australia’s Office of National Intelligence is quite unique insofar as neither the US and UK equivalents nor comparable offices in Canada and the New Zealand have an analogous accountability function. These mechanisms balance existing independent review mechanisms with mandates to review legislation and compliance, propriety, administration.Less