Search results for "Legislature"
showing 10 items of 97 documents
‘The Iraq War Momentum’ in the Struggle on the Powers of the US Congress
2019
How parliaments and legislatures participate in war-making has raised interest among researchers from different disciplines, including constitutional law and political science. While war powers are usually considered to be included in the field of the executive branch, parliaments have played an increasingly relevant role as more democratic decision-making in both normal and exceptional times has gained prominence. The comparative aspect to examine war powers between parliaments or between the branches of government is often adopted to describe the authority and legitimacy of these powers. The US Congress is considered to have strong war powers on paper compared to parliaments in other libe…
Circumventing deadlock through venue-shopping: Why there is more than just talk in US immigration politics in times of economic crisis
2016
This article addresses the question of how the financial and economic crisis that hit the US in the late 2000s impacted immigration policies. We find that the crisis has not significantly changed dynamics. Instead, it has highlighted and aggravated persisting trends. Drawing on Kingdon’s multiple streams model and combining it with the notion of two-level games, we find that while the policy stream and the problem stream would call for both restrictive and liberalising changes, the political stream impedes change: The fact that Congress has been divided for a long time over Comprehensive Immigration Reform (CIR) impedes any restrictive or liberalising changes. With problems resulting from c…
Multiple Candidacies and the Role of the Lowest Electoral Tier for Individualized Campaigning
2015
The effects of mixed electoral systems on politicians’ incentives and work in the legislature are most often studied in isolation from the possibly mediating role of campaign behavior. The tier in which a candidate runs might determine a particular style and content of campaigning, more or less party centered and more or less constituency oriented, which in turn could shape how the elected politician will perceive her mandate and act upon it. But what type of campaigning prevails when candidacy in multiple tiers is the rule and the majoritarian element is the dominant component of the mixed electoral system? The present study draws on a survey of 431 candidates in the 2010 Hungarian parlia…
A critical analysis of corruption and anti-corruption policies in Italy
2020
Purpose This study aims to critically analyse the Law 9 January 2019, n. 3, on “Measures to fight crimes against the public administration and on the transparency of political parties and movements” (so-called bribe-destroyer law). Design/methodology/approach This paper draws on reports, legal scholarship and other open-source data to examine a legislative innovation for the corruption in Italy in relation to the general guarantees of the trial process and with the controversial paradigm of the national perception index of bribery. Findings The Italian legislative initiative that will be examined is innovative in nature and goes beyond the constitutional and conventional principles on proc…
Legal and Political Determinants of Implementation of the Principle of Subsidiarity in the Federal Republic of Germany
2015
It is not surprising that subsidiarity is very often discussed with autonomy and federation (equally multidimensional concepts, similarly discussed in science). It is clearly evident taking into account, for example, results of analysis of the key words (tags) in scientific publications. The European Union has significantly contributed in popularizing of the concept so it is no surprise that strongly linked with EU's problems has become a central point of the discussion of its organizational structure and internal relationships between forming elements. It is difficult to imagine analysis of the conditions for implementing of subsidiarity in Germany without prior presentation of the state p…
The assignment of powers in an open-ended European Union
2003
Presented at CESIFO Conference “A Constitution for the EU”, February 2003; International audience; A major characteristic of the European Union is its transitional or evolving nature, in particular with regard to the assignment of powers between the two main levels of government. More precisely, under current constitutional arrangements, this evolving nature takes the form of an integration process which tends to be monotonous, that is, which can only with great difficulty be reversed. The paper is mainly devoted to the explanation of how this comes about and what effects this has on other features of the process. As a concluding remark, however, it suggests that an additional criterion for…
Horizontal competition in multilevel governmental settings
2013
28 pages; Governments situated on the same level of a multi-level governmental system compete with each other as well as with governments placed higher or lower. This paper is concerned with horizontal competition only. It discusses both competition based on the mobility of agents and competition based on comparisons of performance across jurisdictions - i.e., yardstick competition. With regard to the first kind, the focus is on the capacity of governments and voters to decide policies in spite of the mobility of agents. Some attention is also given to non-standard mechanisms in which mobility is manipulated so as to change the structure of the electorate. The paper considers two forms of h…
How significant is yardstick competition among governments? Three reasons to dig deeper
2013
22 pages; The significance of yardstick competition among governments is now confirmed with regard to fiscal variables. This is an important result but the significance of the mechanism must also be sought in a context broader than that of fiscal federalism and without limitation to relations and processes fully observable. Three points are made. Even in the case of governments trying to mimic each other over a single variable, additional variables are involved in an important way. Yardstick competition can be latent without being ineffective. Its major effect, then, is to set bounds to the choices that office-holders could think of making. Finally, the mechanism is a hidden albeit essentia…
Labour market segmentation in Spain: is legislation leading to a reduction in duality?
2016
Abstract: In the last decades, the Spanish legislature has expressed its concern regarding thenegative impact of the existing duality in its national labour market. Many of the employment Actsadopted in the last few years specifically mention this problem in their preambles.In order to analyse the effectiveness of the measures adopted about this question it is necessary tohighlight the two different ways to approach the problem of duality. On the one hand, the existing dualitycould be reduced by making the access to temporary contacts of employment harder (reducing thenumber and the possibilities of temporary contracts and increasing the labour cost of these contracts) Onthe other hand, pro…
Sentido y orientación de la Ley 27/2013 de Racionalización y Sostenibilidad de la Administración Local: autonomía local, recentralización y provisión…
2014
El presente trabajo trata de identificar algunas de las líneas esenciales de la reforma local operada por la ley 27/2013 y analizar cómo, en concreto, es previsible que afecten a nuestro régimen local tradicional y a los fundamentos de su marco jurídico constitucional. En concreto, el estudio se centra en indagar en la efectiva posibilidad de que la noción de autonomía local permita predicar cierta capacidad de resistencia jurídica frente a las pretensiones de reforma del legislador, en primer lugar. También analiza la reforma local a partir de la identificación de una línea, rastreable ya desde hace unos años, tendente a limitar las posibilidades de desarrollo autonómico, esto es, de recen…