Legislative Research Articles

Irish Diaspora Politics: The West Riding of Yorkshire, 1879-1886

This article seeks to explore the Irish migrants’ political experience within the geographical confines of the West Riding of Yorkshire during several key election campaigns during the period 1879-86. The focus will be on the constitutional, or moral force, philosophy of Irish nationalism in its diasporic/external context. The central aim is to explore how Irish migrants engaged in political activism in the pursuit of legislative independence for the homeland under the banner of Irish Home Rule. Attention will focus on specific parliamentary election contests where Irish Home Rule became the dominant platform. This will be achieved through an analysis of the Home Rule Confederation & Irish National Leagues of Great Britain and its activities as a political “fifth column” operating in the industrial heartlands of Yorkshire.

Development of Tourism as a Social Phenomenon in the Conditions of Globalization

The article is devoted to the elaboration of approaches to the development of tourism as a social phenomenon in the conditions of globalization. It has been established that tourism is more stable compared with other industries in the conditions of uncertainty in global markets. Social advantages of tourism are the satisfaction of leisure needs, higher living standards of the population following an inflow of foreign currencies, the development of small entrepreneurship, the implementation of national social policies, new jobs, multiplicative effect from tourism, regional development in the conditions of globalization and cross-cultural communication. The authors have highlighted proposals aimed to develop tourism in the conditions of globalization and cross-cultural communication, which include efforts to improve tourism legislation and legislative initiatives aimed to make conceptual amendments to legislative acts in order to prioritize real providers of tourist services.

Forced Labour and Trade: A Canada – United States Comparative Analysis

Extract ----- Abstract This article examines legal and policy measures taken in Canada and the United States to intensify the fight against forced labour and the worst forms of child labour in international trade. First, the article explores clauses included in regional trade agreements to combat forced and child labour. It then looks specifically at measures adopted by Canada, contrasting its strong international commitment with the country’s failure to implement policy to support this commitment at national level. The article then compares the Canadian approach to recent legislative amendments in the United States, which strengthen prohibitions in place since 1930 on importing products made from forced labour. Keywords: Forced labour, child labour, regional trade agreements, Canada, United States

Unpacking the unknown: a method for identifying status quo distributions

Assumptions and implications regarding status quo locations are a common feature of theories of legislative politics. Yet challenges with measuring status quo locations have frustrated scholars for decades. This article introduces a method for measuring status quo distributions within individual, majority-rule legislatures. In particular, our identification strategy is grounded in the simple assumptions that bill sponsors are purposive, legislators vote for the policy alternative nearest their ideal point, and the chamber median is decisive. We derive analytically the probability that a legislator votes with the winning coalition as a function of her ideal point, the distribution of status quo locations, and the distribution of sponsor ideal points. We then introduce an optimization program that allows researchers to back out status quo distributions given the other, readily available inputs used in the analytical solution. We demonstrate its implementation by estimating the status quo distributions for US Houses of Representatives between 2005 and 2016.

ALGUNAS CONSIDERACIONES SOBRE LA MEDIACIÓN Y ARBITRAJE

Se realizó una investigación descriptiva de tipo revisión bibliográfica con el objetivo de mostrar algunas consideraciones sobre la mediación y el arbitraje. Sobre esta base, la estrategia metodológica se sistematizó a través de métodos generales de investigación como el histórico-lógico, el hermenéutico, el análisis documental y el analítico–sintético. Además, del empleo de la técnica de análisis de contenido. En este sentido, se realizó una sistematización teórica relacionada con la temática. Lo anterior, permitió profundizar en algunos aspectos relacionados con la temática como son: los métodos alternos de resolución de confictos y controversia nacionales e internacionales avalados por la Constitución de la República y el sistema legislativo que norma el trámite y ejecución. Asimismo, detectar la existencia algunas insuficiencia como: inseguridad en la confidencialidad de la información al ser transferida por la vía telemática y existencia de convenios arbitrales, en los contratos comerciales, verdaderamente patológicos. No obstante, se puede aseverar que la temática constituye un aspecto importante en el mundo de los negocios.

How to Protect Consumer Data? Leave it to the Consumer Protection Agency: FTC Rulemaking as a Path to Federal Cybersecurity Regulation

In the wake of cases challenging the scope of the Federal Trade Commission’s authority and its role in regulating cybersecurity, this Note considers the centrality of the FTC as a protector of consumer data. It broadly examines the current state of cybersecurity regulation and the need for a uniform national regime to protect consumer data. In considering different methods for realizing such federal oversight, this Note examines legislative and administrative options. Tracing the development of both highlights their shortcomings and reveals a potential solution. In the face of concerning legislative movement and uncertainty surrounding the FTC’s current enforcement philosophy, this Note endorses the employment of the FTC’s rarely used, but highly effective, rulemaking authority as a tool to complement and enhance its adjudicative enforcement.

If the legislature had been serious about data privacy …

If the legislature had been serious about data privacy …

Potik Hukum Pemerintahan Desa

The State recognizes and respects regional government units that are special or special in nature which are regulated by law. Second, the State recognizes indigenous and tribal peoples' units along with their traditional rights insofar as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law. Politics of village government law, it cannot be separated from 3 (three) main bases, namely philosophical, sociological and juridical basis. The politics of regulatory law above are the basis for legal politics for regulations that are below, so that there should not be any universal inconsistencies. In addition, horizontally the legal politics of legislation must also be consistent

Mutilazioni genitali femminili: la lotta dell’Europa contro una silenziosa violenza

SOMMARIO: 1. Le pratiche di manipolazioni degli organi genitali femminili - 2. Procedura esercutiva e conseguenze degli atti di alterazione dei caratteri sessuali delle donne - 3. Radici socio-culturali delle pratiche di MGF - 4. Fattore religioso e atti modificativi dei genitali femminili - 5. Le strategie di prevenzione e di contrasto delle MGF nell’Unione europea - 6. Politiche legislative nella lotta contro le MGF - 7. Conclusioni. Denied identities. Female genital mutilation: the fight of Europe against a silent violence ABSTRACT: FGM refers to rituals of manipulation female genitalia and other procedures against female genital organs for non-medical reasons. Usually the practice is carried out on young girls, from childhood to teenagers. These rituals are carried out for cultural, religious and social reasons in the mistaken belief that they will produce a benefit to the girl (to safeguard her virginity, to prepare for marriage, etc.). No religious text prescribes the practice, but is rooted in the culture and beliefs of the communities that practice it. However some religious communities practice the FGM. Rituals do not help the health of the girl subjected, but they can lead to serious health complications or even to death of victim. So FGM is recognised a form of child abuse and a violation of women’s human rights. The EU is committed to eliminating FGM through strategic actions and legislative measures, but mainly changes in attitudes and beliefs among relevant communities are important to ensure FGM is abandoned. It is also important to fight FGM with direct involvement of the religious and political leaders of the communities where the rituals are diffuse. European States are called to cooperate with each other with strategic internal and external actions.

Signals to Their Parliaments? Governments’ Use of Votes and Policy Statements in the EU Council

AbstractDoes parliamentary oversight of governments’ decisions in the international arena matter? This article finds that it does: governments with strong parliamentary oversight behave differently when negotiating policies at the EU level compared with governments with less powerful parliaments. Where parliaments have formal powers to oversee and restrict their government's positions we see a significantly higher use of opposing votes and formal policy statements by those governments. This behaviour intensifies depending on the governments' standing vis‐à‐vis other political parties at home. When governments are under pressure in their national parliaments they are more likely to go on record and take a stand against the majority in Brussels. These results make it clear that in EU legislative politics, governments not only consider their policy priorities and negotiation tactics with their European counterparts, but also make use of EU decision records to send signals to domestic audiences, including their national parliaments.

Dissolution power, confidence votes, and policymaking in parliamentary democracies

There is striking variation across parliamentary democracies in the power of prime ministers to employ two prominent procedures to resolve legislative conflict: the vote of confidence and the dissolution of parliament. Whereas previous contributions in comparative politics have investigated each of these two fundamental institutions in isolation, I develop a simple unified model to unbundle how this richer variety of institutional configurations shapes political bargaining over policy. The analysis clarifies that the effects of the confidence vote and dissolution power interact. As a consequence, there can be a non-monotonic effect of increasing prime ministers’ formal power on their ability to shape the policy compromise. Counterintuitively, introducing dissolution power makes the prime minister worse off under some conditions. These results suggest new directions for empirical research on the consequences of parliamentary institutions for legislative politics and policy. They also lay analytical foundations for explaining institutional variation and reforms.

A Legislative Home for Immigration Power

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Party group coordinators and rapporteurs: Discretion and agency loss along the European Parliament’s chains of delegation

The European Parliament organizes its legislative activities along two chains of delegation to the rapporteurs – one institutional, one partisan. We analyze discretion and agency loss along these c...

PRESIDENTIALIZATION AND PROCEDURAL RULES CHANGE: THE CASE OF THE SOUTH KOREAN NATIONAL ASSEMBLY

AbstractThe common assumption of legislative politics is that the majority party structures procedural rules to suit its interests. In a presidentialized context, however, presidential electoral incentives prevail over majority party's incentives when voting on procedural rules changes and the threat of punishing majority-party defectors is not credible when those defectors vote with the presidential candidate. To test these claims, I analyze the case of the procedural reform in the South Korean National Assembly. The case study reveals that 1) the leading presidential candidate of the ruling majority Saenuri Party compromised on the procedural reform bill that imposes restrictions on the majority party's cartel arrangement due to presidential electoral incentives; 2) a significant number of Saenuri Party members defected from the majority of their co-partisans to vote with the presidential candidate; and 3) career advancement ratio and re-nomination ratios demonstrate that those defectors were not punished afterwards.

Official controls regarding artisanal ice cream shops: public health policies and consumer protection in the Italian and European legislative frameworks.

Ice cream is a widely enjoyed food that is especially popular during summer. To ensure it is safe and ready-to-eat for consumers, legislation imposes a series of obligations for food business operators, and for competent authorities that have to carry out official controls, including official sampling. This article reviews the general and specific requirements applicable to the premises where ice cream is produced, concerning aspects related to health notification obligations and to implementing and maintaining procedures based on the principles of the Hazard Analysis and Critical Control Point system. The review extends to results stemming from the most recent official control activities conducted in Italy, and to future perspectives on control methods that will have to be compliant with the provisions of the new EU Regulation 625/2017 applicable from 2019.

Research on Legislative Clarity

Research on Legislative Clarity

Arizona: #RedforEd -- Governor Ducey Forced to Invest in Education

The FY2019 budget saw the country’s largest movement of teachers descend on the state capital and force Governor Doug Ducey to scramble to save his re-election prospects. Gradually growing through social media, the #RedforEd movement culminated with 50,000 teachers and supporters walking out of classrooms and descending onto the Capitol grounds. Gov. Ducey deftly rose to the occasion from his initial one percent raise to a 20 percent raise by FY2021 before the walkout commenced, moving the pressure to legislators to seal the deal, which they did on May 3, 2018. Stronger revenue growth than prior years enabled the governor and Legislature to find the necessary funds.

Alaska: Arctic Groundhog Day

Author(s): Wright, Glenn; Elizarde, Tasha | Abstract: Since the early 1980s, Alaska has relied on oil taxes for almost all of its state government revenue. Like many resource-based economies, including many of the Western states, the result is a boom and bust economy. With production declining and the price of Alaska’s North Slope crude around $75 per barrel, the state is in a bust cycle, with a large state government deficit. Although Alaska is experiencing a somewhat improved revenue outlook compared to 2017, the state’s executive and legislative branches continue to wrestle with unpopular political choices; do we implement a state income tax, tap the state’s Permanent Fund sovereign wealth fund (and thereby reduce or eliminate Alaska’s annual Permanent Fund Dividend payment to Alaskan residents), or some combination of those two approaches? In Spring 2018, the Alaska State Legislature—supported by Independent Governor Bill Walker—chose the first of these options, tapping Alaska’s Permanent Fund to fund state government operations for the first time. The result is a dramatically improved fiscal position for 2019, and although the state remains in deficit, chances of a balanced budget are much improved. Use of the Permanent Fund has not been popular, however; a number of incumbents who supported the use Permanent Fund earnings were defeated in November 2018 by opponents who campaigned on the issue. At the moment, Alaska’s fiscal future remains in doubt.

Ambiguous effects of regional regulations on zero land consumption and on verticality in architecture

The aim of this paper is to highlight that the primary goal of certain regional planning laws – i.e., to limit land consumption – is contradicted by the legislative provisions they contain, which state that the maximum acceptable land consumption should comply with the previous General Regulatory Plan. Moreover, the paper is intended to suggest what innovative regional planning strategies should be adopted. The goal to promote “vertical” development, through strategies of densification and volumetric replacements fostered by reward policies, is not commonly found in regional laws, which, instead of reducing “horizontality”, confirm the surfaces established by the previous General Regulatory Plan stating that they “may be confirmed and/or adapted as urbanized areas and as areas intended for residential purposes, in the new preliminary document” (own translation) (Regional Planning Law 19/02 – Region Calabria).

Condicionantes e limitantes na aquisição de produtos da agricultura familiar pelo Programa de Alimentação Escolar no estado do Paraná

O objetivo deste trabalho foi analisar as dificuldades e os fatores que condicionam a aquisição de produtos da agricultura familiar para a alimentação escolar pela ótica dos atores sociais em municípios do Paraná. Para tanto, foi utilizada pesquisa qualitativa com entrevistas semiestruturadas com agricultores familiares, gestores, profissionais de extensão rural, membros do Conselho de Alimentação Escolar em oito municípios, com diferentes tamanhos populacionais e de diferentes macrorregiões. Os dados foram avaliados por categorização temática, para posterior análise de conteúdo. Barreiras como planejamento da produção, burocracia, logística, falta de comunicação, entre outras, foram referenciadas diferentemente pelos grupos de municípios e atores como dificuldades no cumprimento da legislação. Nos municípios onde existe maior participação, diálogo e parcerias entre gestores, agricultores, conselheiros e extensão rural há melhor aproveitamento dos recursos do Programa e esse entrosamento é mais evidente em municípios de médio e pequeno porte. Nesse sentido, evidencia-se a importância da existência de políticas públicas para a viabilização de mercados para a agricultura familiar, mas esta só se efetiva com a participação dos atores sociais.