Why UK public lawyers need to be legal and political theorists

My aim in this article is to encourage UK public lawyers to engage with contemporary debates in legal, political and constitutional theory. My argument is motivated by three related concerns. First, there is an extricable link between these disciplines: behind every proposition of public law can be found a theory of law, govenment, the state and so on; secondly, public lawyers have historically neglected or fudged theory in their work; finally, a growing number of public lawyers are now using cutting-edge legal and political theories to fashion radical new understandings of the British constitution: other (more conservative-minded) public lawyers have no option, I argue, but to answer these new challenges. I illustrate my argument with reference to debates about Parliamentary sovereignty, the constitutional foundations of judicial review, political constitutionalism, and judicial deference.

A paradoxical presidency: Nicolas Sarkozy, 2007-2012

The Sarkozy presidency is shot through with paradox and contrast: between a well-elected president swiftly loathed by most voters; a ‘hyper-president’ who probably weakened the office; a talented party leader who lost effective control of his party; a right-wing president who was readily compared to Tony Blair; and an ambitious reformer who promised a clean break with the indecision of his two predecessors but whose record was more timid than his rhetoric. This article interprets Sarkozy’s record in the context of the presidential office, the specific circumstances of his presidency, and of the president’s own personality, skills and shortcomings.

Surviving without leading: Jacques Chirac

The presidency of Jacques Chirac in France (1995-2007) was scarred by two crushing defeats: the parliamentary elections of 25 May and 1 June 1997, and the referendum on the European Constitution of 29 May 2005. As both were highly personal setbacks, since both votes were taken at Chirac’s initiative they suggest that a dominant presidential position, twice won, was twice squandered owing to a failure of leadership. This chapter argues, firstly, that the weaknesses of the presidency arose chiefly from the three decades of Chirac’s career before the 1995 election – and, secondly, that Chirac’s record of presidential leadership, though limited, is more substantial than these two major failures suggest.

Entity-based semantic search on conversational transcripts semantic

This paper describes the implementation of a semantic web search engine on conversation styled transcripts. Our choice of data is Hansard, a publicly available conversation style transcript of parliamentary debates. The current search engine implementation on Hansard is limited to running search queries based on keywords or phrases hence lacks the ability to make semantic inferences from user queries. By making use of knowledge such as the relationship between members of parliament, constituencies, terms of office, as well as topics of debates the search results can be improved in terms of both relevance and coverage. Our contribution is not algorithmic instead we describe how we exploit a collection of external data sources, ontologies, semantic web vocabularies and named entity extraction in the analysis of underlying semantics of user queries as well as the semantic enrichment of the search index thereby improving the quality of results.

Theology and politics in Richard Hooker's thought

Although Richard Hooker’s private attitudes were clericalist and authoritarian, his constitutional theory subordinated clergymen to laymen and monarchy to parliamentary statute. This article explains why his political ideas were nonetheless appropriate to his presumed religious purposes. It notes a very intimate connection between his teleological conception of a law and his hostility towards conventional high Calvinist ideas about predestination. The most significant anomaly within his broadly Aristotelian world-view was his belief that politics is nothing but a means to cope with sin. This too can be linked to his religious ends, but it creates an ambiguity that made his doctrines usable by Locke.

Parliamentarians and corruption in Africa: the challenge of leadership and the practice of politics

This report, compiled on behalf of the African Parliamentary Network Against Corruption (APNAC), surveys the attitudes of African parliamentarians toward corruption. It is the first study of its kind to investigate the manner in which corruption impacts directly upon the political behaviour, practices and attitudes of those elected members sitting in parliaments across the continent. If the problems of corruption are to be tackled in the African continent, then the role of elected members of legislative assemblies will surely be a crucial factor.

Varieties of parliamentarianism

From the start of the English civil war, the parliamentarians were a fragmented coalition, held together by distrust of the king and a belief that Parliament was entitled to lead action to remedy his government’s deficiencies. The driving motivations of parliamentarians were various, including the religious commitments of puritanism, legalistic thought about the ancient constitution, and more radical notions of republicanism or natural rights. Historians have disputed whether parliamentarianism had an inherent strand of radicalism – or radical potential – from the early 1640s, but radicalization certainly took place as the civil wars went on, alongside more ‘conservative’ reactions against the propaganda and wartime measures employed by parliament. Parliamentarian radicalism itself was varied in character, embracing the Levellers’ populism, parliamentary absolutism, and millenarian and providentialist ideas.

Demokrati eller presidentdiktatur? : Konstitutionella vägval i postkommunistiska länder

While authoritarian presidents prevail under heavily president-oriented constitutions throughout the post-Soviet region, democracy along parliamentary lines triumphs in Central Europe. This article discusses the constitutional pattern among the post-communist countries on the basis of two general questions: First, how can we explain why strong presidential constitutions dominate throughout the post-Soviet region whereas constrained presidencies and governments anchored in parliament have become the prevailing option in Central Europe? Second, and interlinked with the first question, why have so many post-communist countries (in the post-Soviet region as well as in Central Europe) chosen neither parliamentarism nor presidentialism, but instead semi-presidential arrangements whereby a directly elected president is provided with considerable powers and coexists with a prime minister? The analysis indicates that both historical-institutional and actor-oriented factors are relevant here. Key factors have been regime transition, pre-communist era constitutions and leaders, as well as short-term economic and political considerations. With differing strengths and in partly different ways, these factors seem to have affected the actors’ preferences and final constitutional compromises.

Ukrainas konstitutionella sicksackande : Regimförändring och partiutveckling under semipresidentialism

Ukraine has repeatedly shifted between the two sub-types of semi-presidentialism, i.e. between premier-presidentialism and president-parliamentarism. The aim of this article is to discuss to what extent theoretical arguments against premier-presidential and president-parliamentary systems are relevant for understanding the shifting directions of the Ukrainian regime. As a point of departure, I formulate three main claims from the literature: 1) “President-parliamentarism is less conducive to democratization than premier-presidentialism.”; 2) “Semi-presidentialism in both its variants have built-in incitements for intra-executive conflict between the president and the prime minister.”; 3) “Semi-presidentialism in general, and president-parliamentarism in particular, encourages presidentialization of political parties.” I conclude from the study’s empirical overview that the president-parliamentary system– the constitutional arrangement with the most dismal record of democratization – has been instrumental in strengthening presidential dominance and authoritarian tendencies. The premier-presidential period 2006–2010 was by no means smooth and stable, but the presidential dominance weakened and the survival of the government was firmly anchored in the parliament. During this period, there were also indications of a gradual strengthening of institutional capacity among the main political parties and the parliament began to emerge as a significant political arena.

Towards Presidential Rule in Ukraine : Hybrid Regime Dynamics under Semi-Presidentialism

This article sets out to analyse recent regime developments in Ukraine in relation to semi-presidentialism. The article asks: to what extent and in what ways theoretical arguments against semi-presidentialism (premier-presidential and president-parliamentary systems) are relevant for understanding the changing directions of the Ukrainian regime since the 1990s? The article also reviews the by now overwhelming evidence suggesting that President Yanukovych is turning Ukraine into a more authoritarian hybrid regime and raises the question to what extent the president-parliamentary system might serve this end. The article argues that both kinds of semi-presidentialism have, in different ways, exacerbated rather than mitigated institutional conflict and political stalemate. The return to the president-parliamentary system in 2010 – the constitutional arrangement with the most dismal record of democratisation – was a step in the wrong direction. The premier-presidential regime was by no means ideal, but it had at least two advantages. It weakened the presidential dominance and it explicitly anchored the survival of the government in parliament. The return to the 1996 constitution ties in well with the notion that President Viktor Yanukovych has embarked on an outright authoritarian path.

Controle político da burocracia no presidencialismo americano: uma perspectiva comparada com o Brasil

Pretende-se examinar os mecanismos institucionais de controle político da burocracia no presidencialismo americano, bem como os diferentes enfoques teóricos que explicam sua eficácia ou não. Enfatizando os limites do controle pelo poder legislativo, a estudo estabelece comparação com o Brasil e também indica, com base na literatura, algumas propostas para ampliar a responsabilidade política dos governantes.

Executivo e legislativo no âmbito municipal: a formação de gabinetes no município de São Paulo (1989-2012)

O desenho político-institucional dos municípios brasileiros segue a lógica da esfera federal. Tal sistema tem por características gerais o termo de duração fixa e próprio, tanto para o Executivo quanto para o Legislativo, ou seja, ambos são eleitos diretamente – eleições majoritárias e proporcionais, respectivamente – sem estarem sujeitos à confiança mútua como no sistema parlamentarista. Dada a separação de poderes e o conflito que a literatura ressalta no âmbito federal entre Legislativo e Executivo, o estudo examina a estrutura da dinâmica dessa relação no âmbito municipal. Nesse sentido, o escopo tange as estratégias adotadas na formação dos gabinetes no município de São Paulo de 1989 a 2012, ou seja, contempla 6 (seis) diferentes gestões paulistanas. Para isso foi investigado o perfil político-partidário do secretariado e a correspondência em termos de cadeiras no Legislativo paulistano, bem como os resultados acerca da aprovação de proposituras de iniciativa do Executivo. Os resultados encontrados destacam que a distribuição de pastas não acarreta em um suporte da maioria do parlamento, como no caso federal. Entretanto, apesar da ausência desse apoio, praticamente todos os projetos do Executivo que chegaram ao Plenário foram aprovados. Assim, o estudo aponta que o compartilhamento de poder através da nomeação de secretários partidários é uma ferramenta importante do Executivo, porém pode não ser a única garantidora de uma coalizão majoritária que explique o sucesso legislativo do prefeito.