In the fall 2007 Diet session, the largest opposition Democratic Party of Japan (DPJ) showed strong opposition against the government's proposal to continue the Self-Defense Forces (SDF) refueling operations to support maritime inspections in the Indian Ocean. In order to evaluate this parliamentary confrontation, the article compares the handling of this issue with the six past major post-Cold War national security policies. The DPJ constantly presented its own legislative proposals in order to participate in Diet deliberation. DPJ's (...) counter proposals, however, were not always cooperative with the government. This different attitude by the DPJ could not be explained by the public and media opinions or the position of the supporting organization but by DPJ's political calculation. (shrink)

SummaryThis article offers a novel and comprehensive account of Walter Bagehot's political thought. It ties together an interpretation of Bagehot's liberal commitment to norms of discussion and deliberation, with an analysis of Bagehot's extensive arguments about the institutions of representative government. We show how Bagehot's opposition to American-style presidentialism, to parliamentary democracy, and to proportional representation were profoundly shaped by his conceptions of government by discussion, and the rule of public opinion. Bagehot's criticisms of English parliamentarianism, both of (...) its pre-1832 and post-1832 varieties were also motivated by those principles, as was his own proposal for parliamentary reform. By examining the whole range of Bagehot's writings on representative government and by connecting his institutional recommendations to his liberal principles, we are also able to better clarify Bagehot's position in Victorian political thought. The article concludes with a discussion of the debate leading up to the Second Reform Act, in which we elucidate Bagehot's disagreements with other prominent exponents of liberalism including John Stuart Mill, the “university liberals,” and Robert Lowe. (shrink)

This corpus analysis of linguistic and semantic features in French parliamentary debates concerning online hate speech regulation, highlights tensions between state powers and private rights. Two key themes are identified: first, the _problem of definition_: how such online content is defined in the debates, and second, the _problem of regulation_: how the debates negotiate the supra-jurisdictional and individual jurisdiction issues involved, in regulating both the global online content and the responsibilities of the owners of the platforms who manage the (...) content. For this analysis, the authors created a corpus of French National Assembly Examination Committee discussions and public sessions between July 2019 to January 2020 discussing the _Loi Avia _(Avia Law). The corpus was analysed using quali-quantitative methods. Overall, the study combines a top-down (global) and a bottom-up (local) analysis of the data, applying corpus semantic approaches (Lecolle et al. in Langages 210(2):35–54, 2018; Rastier in The Routledge handbook of semantics, Routledge, pp 507–522, 2015) to contextualize the analysis of the meta-discourse (Hyland in Meta-discourse: exploring interaction in writing, 1st ed. Bloomsbury Academic, Bloomsbury Collections, 2018. https://doi.org/10.5040/9781350063617 ). The analysis highlights the linguistic features revealing the power dynamics inherent within the discourse and counter-discourse of the dominant and opposition political parties respectively. (shrink)

This article explores the different uses of forms of direct verbal quotes in follow-up utterances delivered during the parliamentary debates after the inaugural speech of a new chancellor in the Austrian parliament and investigates their positioning effects for members of parliament who have the first opportunity of publicly ‘doing being a government or opposition MP’ in the new legislative term. Representing the first public confrontation between government and opposition MPs, the debates foreshadow topical and interpersonal aspects of (...) the political frontstage communication in the beginning legislative term. The main purpose of this article is to investigate the relations between formal properties of direct verbal quotes, recontextualization practices, their pragmatic function, and the specific aspect of the public personae speakers foreground by their use in the inaugural debates. Although direct quotations in follow-up utterances of MPs do not occur very often, the analyses demonstrate that this specific form of discourse representation deserves attention not only because it is mainly opposition MPs who use direct quotations in uptaking discourse units, but also because of the different semiotic aspects of direct quotes which are foregrounded in the investigated recontextualization practices. These practices result in MPs’ different public self-positionings toward their role of ‘being an opposition MP’, namely, either as policy-oriented arguers or as ironic evaluators. (shrink)

Taking into account recent pragmatic and sociolinguistic approaches to irony, the present study investigates irony as a discursive resource Greek parliamentarians employ to fulfill their institutional roles and to negotiate verbal rules of conduct in highly institutionalized and confrontational debates. It is suggested that, besides criticism, parliamentary irony is used to sharpen attacks against the Opposition, to elicit vivid reactions from the audience and disaffiliate from, or align with, participants, to restore parliamentary order, and to establish cohesive (...) ties between successive parliamentary speeches. Moreover, the recorded reactions to irony reveal that irony is considered a common and ‘legitimate’ discursive practice in the Greek parliament and is not negatively evaluated by Greek MPs. Such findings highlight the significance of contextual parameters for the sociolinguistic analysis of pragmatic phenomena and lead to a critical evaluation of those previous results which are based on the study of decontextualized and/or fictional ironical utterances and exchanges. (shrink)

The article highlights processes that took place among Ukrainian community during pre-election campaign in the People's Republic of Poland in 1989. The events that, certainly, became a turning point in the history of the state and influenced on the set up of another approach on issues of national minorities in communist Poland are reconstructed. The importance of Ukrainian community candidate participation in parliamentary elections is determined, including the win of one of them. This success was achieved owing to the (...) common objective of different groups of society to overcome the communist regime in country. Those Ukrainians, who helped and supported their candidates, including Volodymyr Mokryy, invoked the Ukrainian community to support the opposition representatives as well. It should be noted that one of most significant challenges for them was struggle against anti-Ukrainian stereotypes. The latter were firmly engrained into Polish society consciousness. In its turn, communist propaganda throughout the period of pre-election campaign, tried to provoke a new wave of hatred to Ukrainians, reminding about the sources of conflicts in Ukrainian-Polish relationship. (shrink)

Minority governments in parliamentary democracies are conventionally considered to be unstable and ineffective aberrations from the principle of majority rule. Through analysis of over 350 postwar governments, the author shows that minority governments are neither exceptional nor unstable but in fact a common feature of parliamentary democracies and frequently perform as well as, or better than, majority coalitions. Using the Italian and Norwegian governments as case studies, he suggests that minority governments are particularly likely to form when parties (...) anticipate competitive elections and when opposition parties are able to influence legislative decisions. As an attempt to document and explain a very common form of government in parliamentary democracies, this book will contribute significantly to the understanding of the importance of electoral competition in democratic politics. (shrink)

In April 2004 the Parliamentary Assembly of the Council of Europe debated a report from its Social, Health and Family Affairs Committee , which questioned the Council of Europe’s opposition to legalising euthanasia. This article exposes the Report’s flaws, not least its superficiality and selectivity.

Besides classical issues of parliamentary control and pressure groups' influence, coordination between ministers and administrations involved in foreign policy making and harmonization of national foreign policy with external cultural relations led by the french, flemish and german Communities are the major problems belgian foreign policy making has to cope with.Divergences on options or heterogeneity of functional missions require arbitration and cooperative procedures provided by foreign affairs ministerial comitee at the governmental level. Competition for leading role and confrontation of functional (...) paradigms foster «bureaucratic politics» between services. European affairs constitues a major issue for bureaucratic coordination.Attribution to the Communities of assessment power to cultural agreements and reservation to national government of the treaty making power let arise a kind of illogism and a conflict of competences that pragmatic concertation tends to get round.As to parliamentary control, it consists in a greater influence of majority's deputies than in an effective opposition's countervailing power to amend coalition foreign policy. So play pressure groups a role in influencing bilateral much more than multilateral affairs. (shrink)

This remarkable expression of radical republican thought has never before been published. Algernon Sidney was among the most unrelenting partisans of the parliamentary party during the Commonwealth, and died on the scaffold in 1683 for his opposition to Charles II. Sidney's voluminous Discourses Concerning Government was published after his death, but the earlier and more vivid Court Maxims was only recently rediscovered in a manuscript in Warwick Castle. Written during Sidney's continental exile, Court Maxims reveals the international character (...) of republican thought. Its dialogue structure presents a lively discussion about the principles of government and the practice of politics, articulating a vital tradition of republicanism in an age of absolutism. These characteristics make Court Maxims a unique text, essential reading for anyone interested in republicanism or Early Modern political thought. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' (...) War, a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

The goal of this dissertation is to generate a theoretical perspective and a political vocabulary capable of giving an account of political action proper in the context of modern democracy. The first step is that of tracing back to the origins of the theory and practice of modern democracy the appearance of the features that gave shape to the institutional constellation we now understand as democratic politics. This looking back from the perspective of the main institutions of contemporary democracy is (...) structured along the lines of the process that Lefort describes as a split of the theological and the political in early modern times. In Weber, this split takes the form of a multiplication and secularization of prophets, creating the need for a domesticated and democratized version of charismatic leadership that assumes normative standards in his idea of parliamentary democracy. Weber's solution is, of course, the opposite to that of Hobbes': the plurality of gods and demons manifested in the multiplication of prophets should be institutionalized, not eradicated. This dissertation shows that the breakdown of theological regimes and the birth of modern democracy is simply another way to describe the embracement of the fact of plurality. ;With Merleau-Ponty I thus give theoretical consistency to the emergence of modern democratic practices and institutions. In Habermas, on the other hand, I find the difficulties that a model that dismembers the strategic and communicative dimensions of human agency confronts when the task at hand is not that of a moral theory concerned with universal agreement but that of a political theory concerned with the socially enabled fact of plurality. Specifically, I show in my dissertation that Habermas's contempt for Austin's perlocutionary dimension of speech acts and his suggestion that Arendt's notions of action and speech are somehow parallel to his model spring from a still operating uneasiness with political speech and modern democracy in their phenomenal appearance. This dissertation concludes by showing that the theoretical consistency acquired with Merleau-Ponty does indeed provide a theoretical perspective and political vocabulary that puts in relief political action as a fundamental aspect of contemporary democratic politics. (shrink)

James Harrington (1611-77) was a pioneer in applying the methods of Machiavelli and other civic humanists to English political society and its landed structure. In the century after his death, his ideas were adapted to become an important ingredient in the vocabulary of both English and American political opposition to the methods of Hanoverian parliamentary monarchy. There has been no complete edition of Harrington's writings since 1771, or of Oceana, his best-known work, since 1924. This is a modernised (...) edition, and includes all of his prose works on political subjects. The critical introduction attempts to revalue the evidence concerning Harrington's life and writings, to locate them in the context of Civil War, Commonwealth and Puritan thinking and to trace the development of Harringtonian and neo-Harringtonian ideology during subsequent generations. (shrink)

Economists have suggested it was optimal to signal the odious character of bonds when they were issued. However, since the odious debt doctrine has not been recognized by any court, one could argue that denouncing odious debts is useless. Exploiting a unique historical episode, this paper quantifies the impact of protests on odious debts. In 1906, the Russian government floated a bond in Paris to cover the costs of its war against Japan but also to raise money to crush the (...) political movements wishing to reform Russia’s political system. Issued without parliamentary consent, this loan met with fierce opposition. Press campaigns in Great Britain, France and Germany denounced its odious character. If failure or success is determined solely by the ability to prevent a loan from being issued, then the campaign failed. We argue, however, that failure or success should be determined in light of the financial costs imposed on the issuer for future loans and even the ability to force a postponement of these loans. We show that these campaigns increased the yields of all Russian bonds traded in Paris, and thus Russia’s future borrowing cost. Yields on the 1906 loan, which was specially targeted by the campaigns, rose even more. However, once the press campaigns stopped, yields experienced a declining trend, highlighting the important role the press may have on odious debts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Medical Ethics in a Time of De-CommunizationRobert Baker (bio)Ethics is often treated as a matter of ethereal principles abstracted from the particulars of time and place. A natural correlate of this approach is the attempt to measure actual codes of ethics in terms of basic principles. Such an exercise can be illuminating, but it can also obscure the circumstances that make a particular codification of morality a meaningful response (...) to specific historic circumstances. This is particularly true of the codes of medical ethics beginning to emerge from the post-Communist societies of Eastern Europe, which are, perhaps, best understood as artifacts of an era, rather than as expressions of abstract principles.The era in question is post-Communist. It is an era informed by a reaction to decades of Communism, which, of course, was more than an economic system or even an ideology; it was a form of life that permeated every aspect of civil society—advertising, art, literature, music. Medicine was not exempt. I recall entering an oncology ward in East Berlin and finding the patients seated around a large table making posters. Wondering whether this was a form of art therapy, I asked the head nurse what the patients were doing. She replied: it is "Party time—the portion of each week every citizen donates to the people and the Party." I looked again at the posters and saw that they honored Karl Marx on the 100th anniversary of his death: "1883-1983, The Struggle Goes On." The Party, the struggle, the people, were everywhere, and they penetrated and informed daily life even for terminal patients on a cancer ward.The interweaving of Communist practices into the warp and woof of daily life has profound implications for the post-Communist era. It means that East Europeans cannot simply rebuild; they must unweave Communist thought patterns—what might be called the ideostructure of Communism—from the fabric of their lives through a deliberate process of deCommunization. What remains after de-Communization depends upon [End Page 363] the historical relationship each country had with Communism. In Russia, removing Communist ideostructure sets the conceptual calendar back to 1918. For the Czechs, the calendar advances to the 1930s, leaving them with thought patterns that are Western, industrial, and democratic. In the rest of Eastern Europe the conceptual clock also tends to turn back to the 1930s, but at that time the conceptual frameworks were nationalist, anti-Western, and frequently fascist, or even Nazi.In Poland the situation is different. World War II opened with the Nazi invasion of the country—which Hitler (later joined by Stalin) subsequently occupied. After the war, the Soviet army controlled the country, which became a captive player in the Soviet sphere of influence (aptly denominated, "the Warsaw Pact"). Poland's pre-Communist thought patterns are nationalist, West-leaning, accepting of parliamentary structures, but also of authoritarian government. They are also Catholic.Catholicism to Poles is not merely a religion, it is a posture of opposition to their German (Nazi, antichristian) and Russian (Orthodox or atheist) occupiers. I toured Polish hospitals several times during the Communist period —always accompanied by one or more "tour guides." (Westerners were not allowed to roam Communist countries unescorted.) Almost all of my guides wore little pins adorned with the face of Lenin (not the hammer and sickle—a symbol of Soviet occupation). Most doctors and nurses, however, adorned themselves with Catholic icons—typically a crucifix. Their conspicuously displayed crosses symbolized less their embrace of Catholicism than their rejection of Communism. Catholicism, in the Polish context, was thus an affirmation of individual and national independence.De-Communizing Polish Medical Ethics: The Abortion ControversyIn Poland, de-Communization was initiated through a series of negotiations between Lech Walensa's Solidarity and the Communist Government. The Polish Code of Medical Ethics is an indirect consequence of these negotiations, which stipulated the dissolution of Communist medical organizations. They were to be replaced by a Polish Medical Chamber—a type of quasi-governmental body, common in Eastern Europe, which combines the functions of a governmental licensing agency with those of a national medical association. Medical chambers also set standards of professional conduct and (unlike... (shrink)

This paper examines the ways in which the group of people now known as the Windrush generation, who moved to the UK in the period 1948–1971, have been represented in public discourse. This group has been adversely affected by the current ‘hostile environment’ policy in the UK regarding immigration. As I show, in the ensuing and highly critical debate, the government repeatedly positioned them as ‘good’ migrants and placed them in a binary opposition with ‘undesirable’ migrants, who they cite (...) as the intended target of their policy. Using diachronic corpora of parliamentary debates and national media, I compare this contemporary rhetoric with (a) Windrush representations in the 1940s and 1950s, and (b) contemporary representation of those the government constructs as unwanted migrants. Taking metaphor as a key for the comparison I show that there is very little continuity or overlap in how the Windrush migrants were discussed at the time of their arrival and in the current period. Instead, there is a much greater proximity in the past representations of the Windrush migrants and the current representations of ‘undesirable’ migrants. This mismatch in actual and perceived representation at the time of arrival indicates how nostalgia functions in migration discourses, even facilitating anti-immigration arguments. (shrink)

A new feminist ideology can be outlined by examining the magazine “Lotta Continua”, official newspaper of the homonymous Italian extra-parliamentary group. Riots in factories and universities were closely reported in the magazine, which painted a society still affected by strong gender inequalities. Split between an opposition to official communism and the spontaneity of the working class conflict, women emerged from family isolation. The great achievements of the Italian feminist movement were reported according to the point of view of (...) the dissident communism. While in Italy the feminist movement was on the rise, the organisation was approaching its end, also due to its conflict with feminist protests. This paper wants to re-construct the image and the representation of left-wing feminism, in a crucial moment for the history of Italian society and communism. (shrink)

Relations between Turkish authorities and their Kurdish minority have been a source of conflict for decades. On 11 April 2015, in the run-up to Turkey’s parliamentary elections, a gunfight broke out in the south-eastern province of Ağrı, resulting in six Kurdish people being killed and four Turkish military personnel wounded. Although skirmishes like this are not unusual, this caught the public imagination as it became clear that Kurdish civilians had helped wounded Turkish soldiers after the shoot-out. The government denied (...) such help and was keen to place the blame for the fight on the Kurdish opposition in its attempt to dissuade the public from voting for Kurdish-oriented parties, thereby increasing their chances of securing a parliamentary majority. The Kurds were keen to do the same to the government for the sake of votes, while the mainstream opposition saw this as an opportunity to represent the government and Kurds as poor voting options. The Turkish media, polarised and closely aligned to political interests, recontextualised events in ways which showed their political ties. This article uses critical discourse analysis to show how this was done in three national newspapers. Furthermore, the article argues that representations as such do nothing to aid in solving the decades-old problem of how Turks and Kurds can coexist peacefully. (shrink)

Edward Hemmerde and Francis Neilson were both Liberal MPs at the outbreak of the First World War, bound together by a common commitment to the principle of land taxation. A shortage of money, at a time when MPs had only just started to receive salaries, led them into extra-parliamentary co-operation in the joint authorship of plays. But the two men fell out over the profits from their literary endeavours. One or other was clearly not telling the truth. Although he (...) gave up his parliamentary career in opposition to British involvement in the war, Neilson later prospered greatly as a writer in the United States. Meanwhile, Hemmerde turned to his career as Recorder of Liverpool, but the wealth that he craved eluded him. This article reminds us that financial impropriety among MPs is no new phenomenon, while highlighting the difficulty of establishing certain historical truth in the face of conflicting documentary evidence. (shrink)

The article critically examines the Assisted Reproductive Technology (Regulation) Act 2021, its development process spanning 15 years, and its potential shortcomings in addressing the needs of India’s 27 million infertile couples. By scrutinizing the recommendations presented in the Parliamentary Standing Committee on Health and Family Welfare’s 129th report, the critique argues that the Act may not effectively cater to the diverse reproductive rights of the population. The article claims that most of its suggestions are in opposition to redefining (...) families and accepting inclusive family structures other than heterosexual marriages. The study posits that the Act, with its inherent limitations, perpetuates the reinforcement of patriarchal family structures that medical science intends to disrupt. In order to foster inclusivity and comprehensibility, the article advocates for necessary amendments that align with the interest of the general populace. (shrink)

It often appears that leading politicians in Belgium consider the results of the municipal elections in the light of national polities. They stick to the thesis that the municipal poll-results, at least in the bigger towns, are more and more influenced by the constellation of the nation's politics.Is it really so that the municipal elections indicate the hearings of the national political situation? Can one draw conclusions from the results of these elections as if they were national ones? And can (...) one,any how, compare municipal to parliamentary elections? By comparison of the results of municipal elections 1964 and of parliamentary elections 1965 it was checked which shifts in party-choice havehappened during this short period of eight months. If no oscillations, or only a few, were detected between both elections, one could conclude that the municipal elections 1964 indicated indeed the hearings of the parliamentary elections 1965.Successively, the national and provincial results of these elections were compared and the party-shifts on national and provincial level were calculated.To make a relevant comparison between the election-results on a lower level, a comparable basic unity had to be found. As there were no municipal data available at parliamentary elections on one side, andonly municipal results at the municipal elections on the other side, the least possible unity for which parliamentary election-results are known, the electoral canton namely, was chosen as a comparison-basis. For that purpose however the results per party had to be additioned in all municipalities belonging to one canton.Part of the electoral cantons was unfit for use as comparison-material for two reasons : the highly varied and often strongly local-coloured political party-structure on one hand, the big number of municipalitieswithout elections on the other hand. So we were bound to make a choice out of 212 electoral cantons. Finally the cantons with a maximum of 4 municipalities were chosen, which limited the number of cantons to 28. These cantons were classified by degree of urbanisation according to the typology of W. Van Waelvelde and H. Van der Haegen.In that classification the percentages of votes in favour of the political parties, at the occasion of these elections, were tabulated and compared.The participating parties and lists were grouped as much as possible around the traditional parties to which they were most related. So we distinguish in Flanders : CVP, BSP, PVV, VU, CPB and other parties ;in the Walloon region: PSC, PSB, PLP PCB, French-speaking lists and other parties.For this analysis we also thought it was relevant to control separately the shifts of the electoral corps in the Flemish, the Walloon and the Brussels cantons. These shifts were then specified according to thedegree of urbanisation.To measure the size of the party-shifts for these elections, the external election-shift standard was calculated for the chosen Flemish, Walloon and Brussels cantons, with a special attention for the degree of urbanisation. Finally we examined which attitude was assumed by the government, the governmental and the opposition parties, in relation to the results of the municipal 1964 elections.It appeared that some notable party-shifts had been realized during the short period between the municipal elections of 1964 and the legislative elections of 1965. In general, a certain polarization has taken place due to a centrifugal vote-shift to the left and still more to the right. The direction of vote-shifts, which had shown at the municipal elections of 1964, was affirmed at the legislative elections of 1965 and for some parties, CVP and PVV namely, it was even accentuated. The parallelism between both elections in relation to the direction of the vote-shifts did not mean however that the size of these shifts was the same everywhere. The image of the shifts was different according to linguistic region and degree of urbanisation.The analysis of the urbanisation-degree showed that the level of oscillations grew higher as the urbanisation-degree grew lower. Seen per linguistic region, the largest shifts had taken place in the Walloon cantons. According to the calculations of the electoral shift standards during the period 1964-1965, the lowest oscillations were noted in the Flemish and Brussels cantons, i.e. the voting-behaviour of the big agglomerations during the municipal elections of 1964 were the closest to the national electoral pattern. Seen that way they were, up to a certain degree, a value-measure for the general policy.Finally the remark should be made that the limitation to the two above-mentioned elections does not allow any generalization of the obtained conclusions. The short period between those elections was itself an exceptional situation which may have been of influence on the results of the comparisons. (shrink)

The Netherlands has waited a long time for parliamentary endorsement of euthanasia, despite it being accepted practice for many years. Until recently, euthanasia and assisted suicide were technically illegal in the Netherlands, although court rulings during the 1970s and 80s indicated that a defence of necessity could be invoked by a doctor who ended the life of a patient. The situations in which that defence could be used were defined and became the Royal Dutch Medical Association's “rules of due (...) care”. Many of the safeguards in the rules passed into statute in April 2001 with the passing of the Termination of Life on Request and Assisted Suicide (Review Procedures) Act. The act decriminalised euthanasia and assisted suicide by doctors acting with “due care”. Doctors will not face prosecution if they terminate the life or assist in the suicide of a patient who has made a voluntary and well considered request, is facing “interminable and unendurable suffering”, understands his or her situation and prospects, and for whom there is no other reasonable solution. A second, independent, doctor must be consulted. There is no requirement for the patient to be terminally ill, and there are specific provisions that allow the euthanasia of young people between the ages of 12 and 16 if they and their parents agree. Parents of 16- and 17-year-olds must be involved in decisions about the young person's end-of-life care, but these patients are entitled to make their own decision. There is no requirement for the patient to be a Dutch resident. The Dutch justice department's website has the English language text of the act and an explanatory factsheet at www.minjust.nl:8080/a_beleid/fact/suicide.htm. In the light of the legislation, the World Medical Association (WMA) has reaffirmed its opposition to euthanasia and its strong belief that euthanasia is in conflict with …. (shrink)

In this article an analysis is made of the voting behaviour of Members of Parliament and political parties after the parliamentary debate on the investiture of a new cabinet. The voting behaviour does differ from the classical coalition-opposition voting pattern. Indeed the emerging general pattern shows that a majorityof the members of the coalition parties - but by no means all of them - approve the governments' declaration and that a majority of the members of the opposition (...) rejects it.Deviant voting behaviour after this parliamentary debate is not a general phenomenon and mostly only some majority members vote contrary to their whip's instructions. This dissident stand is taken mainly when cabinets can rely on a broad parliamentary majority. This deviant voting seems to be positively correlated to the size of the coalition.The directly elected Members of Parliament most easily vote in an unorthodox manner. The individual Members of Parliament motivate their deviant vote referring to the opinion of their electorate. (shrink)

ABSTRACT The article examines Old English claims to catholic ‘liberty of conscience’ and the way in which this engendered a discussion of English liberties in Ireland. Old English representatives sought to ground their claims to ‘liberty of conscience’ in established practice, custom and law. Their claims to ‘liberty of conscience’ also brought into play the vocabulary of corporate and parliamentary liberty. In response, New English protestants turned to ideas of duty and citizenship, which were equally embedded in conceptions of (...) English liberties. They argued that a catholic ‘conscience’ sat in opposition to ideas of duty to the king and the commonwealth. In doing so, the New English questioned both the basis and extent of the liberties possessed by the Old English. Such an exchange, this article argues, is illustrative of the way in which an English pairing of liberties, with ideas of duty and active citizenship, opened up an area of dispute involving a shared set of political concepts and vocabulary. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Politics Is a Mushroom: Worldly Sources of Rule and Exception in Carl Schmitt and Walter BenjaminKam Shapiro (bio)Life is not a mushroom growing out of death.—Carl Schmitt, The Visibility of the ChurchTo isolate death from life, not leaving the one intimately woven in the other, and each one entering into the other’s midst—this is what one must never do.—Jean-Luc Nancy, L’intrus1Carl Schmitt’s theory of the exception was bound up (...) with a thoroughgoing critique of philosophies of immanence, materialism, and “atheism,” which he treated as interchangeable. In his early writings, he adopted the Christian perspective according to which postlapsarian nature cannot by itself yield a juridical order, or in his poetic phrase, “life is not a mushroom growing out of death.” Yet—in accord with Catholic doctrine—he also found sources of life, or law, in this world. While he repudiated theories of collective self-legislation, he embraced a popular sovereign empowered to impose form on a chaotic society. In Political Theology (1922), he compared the form-giving power of the sovereign to an act of divine intervention. Law, he argued, can only function in a lawful or “normal” situation that precedes formalization, and the sovereign “produces and guarantees the situation in its totality” [13]. In The Crisis of Parliamentary Democracy (1923) Schmitt retained his theological terms: “A scientific study of democracy must begin with a particular aspect that I have called political theology” [32]. In the modern age, democratic constituent power (pouvoir constituant) replaces the will of God as the transcendent source of a substantial order, namely democratic homogeneity. Democratic will-formation thereby becomes an act prior to its subject, or as Schmitt wrote, “[...] only political power, which should come from the people’s will, can form the people’s will in the first place” [Crisis 28]. A variety of democratic theorists dwell on the paradoxical character of democratic sovereignty, sometimes tracing it back to Rousseau’s well-known formulations [see esp. Connolly and Honig]. They highlight the gap between a transcendent (ideal or fictive) will in whose name political power acts, and the bounded, material consensus it forms, ostensibly rendering the latter vulnerable to challenge. As I argue, however, a closer look at Rousseau’s discussion of democratic founding in On the Social Contract reveals instead a dynamic relay between dispersed substantial or immanent sources of affiliation, on the one hand, and various agents and techniques of political power that draw on and combine them in a collective will, on the other, or what I call the virtual and the virtuosic.2 After briefly exploring this dynamic in Rousseau’s [End Page 121] On the Social Contract, I will highlight similar dynamics at work in Schmitt’s Weimar writings, examining three instances: the complexio oppositorum (1923), national myth (1923), and the polemical opposition of friend and enemy (1927), focusing especially on the first. Contrary to familiar readings of Schmitt’s metaphysical “exceptionalism,” I argue that for Schmitt, as for Rousseau, political power does not create a normative order from a vacuum, and the apparent transcendence of sovereign authority has a variety of worldly sources.3 Finally, I consider what I call “democratic virtuosity,” or virtuosity from below, focusing on Walter Benjamin’s repudiation of sovereign acts of lawmaking or law preserving in favor of ongoing collective habit-formation. As I argue, Benjamin returns spiritual force to the material world not only to shatter human authorities, but also to democratize creation.Rousseau—Anticipating the PeopleIn the Social Contract, Rousseau formulated the paradox of democratic founding to which so many, including Schmitt, would return. “In order for an emerging people to appreciate the healthy maxims of politics, and follow the fundamental rules of statecraft, the effect would have to become the cause; the social spirit, which should be the result of the institution, would have to preside over the founding of the institution itself; and men would have to be prior to laws what they ought to become by means of laws” [Rousseau 69]. As Rousseau argues, a constitution can form a general will only if it commands the loyalty of the people, that is, if there is... (shrink)

The crisis which arose in Australia in October-November 1975 led to the dismissal of the Labour Prime Minister Gough Whitlam by the Governor-General Sir John Kerr, the formation of a caretaker Government by the opposition leader Malcolm Fraser and the simultaneous dissolution of the Houses of the Federal Parliament.The constitutional issues involved in that crisis are studied. The opinion is maintained that the rational coherence of the parliamentary system require an effective head of State with the responsibility of (...) acting personally in unusual circumstances, rather than the strict law definitely lapsed and the issue even then ruled by the «constitutional conventions» of Cabinet government. (shrink)

ABSTRACTAfter the revolutionary storm, which had exported Jacobin democracy on the tips of its bayonets and after the epic deeds of the Napoleonic era, which, in the midst of remarkable contradictions, had asserted a number of principles and values of the French Revolution, the moderate or conservative liberal thinkers who wished for the introduction of a representative government and of personal freedom in France and in Italy were faced with the return of the old regime and with attempts of the (...) Restoration to eradicate the reforms of the previous period. The only way these thinkers could save or restore parliamentary institutions and civil rights was to link their efforts to the destinies of the ruling dynasties. In both countries, this move was fiercely opposed, especially by reactionary writers. Hence, this essay will deal with the structure and contours of a debate which set two alignments in opposition, from the time of the Congress of Vienna to the Revolutions of 1820-21 and hinged on the principle of monarchic legitimacy and on the foundations of political authority which, for the first time, were being openly questioned in the midst of the American and the French revolutions. (shrink)

The political system adopted by Restoration France seemed to call for opposition, and possibly even parties, on the model of Britain. The French, however, remained deeply divided by the Revolution, such that the civilities of parliamentary government developed only with difficulty. Reflecting the distrust inherited from the Revolution, deputies favoured a secret ballot for votes in the chambers and this alone made it easy to disguise political loyalties or to change them. Those who resisted the British model emphasized (...) the virtues of political choices that responded only to one's conscience and sense of honour. On that basis, party seemed inconsistent both with French individualism and with a sense of delicacy. Supporting the claims for indig- enous political mores were perceptions of British politics that exaggerated the discipline of their parties. Though party bonds in France remained very loose — and understanding of the logic of parliamentary government less than perfect — those now deemed the important political thinkers of the time were, in the main, admirers of the politics of party. (shrink)

The COVID-19 pandemic has been the most mediatised health crisis in human history, involving a rapid circulation of knowledge in global networks and a continuous flow of spectacular images and narratives that have rendered the pandemic graspable in cultural, political, and moral terms. This article proposes that the intertwined nature of two opposite trends of knowledge production – scientific reasoning and affective storytelling – can be analytically approached through the concept of ‘outformation’ that provides explanatory power and conceptual clarity to (...) make sense of the disorderly flows of knowledge in the pandemic-era. Using frame analysis, the article examines how one key term of the pandemic era, herd immunity, is taken from its scientific context and mobilised across different epistemic arenas from journalistic media to parliamentary debates as a vehicle for mistrust towards political and expert authorities in Finland that is a country characterised by high levels of trust towards authorities. The Finnish case is not only a national case about the framing of a specific term in times of epistemic instability but also provides a valuable lens to knowledge production during the pandemic era. (shrink)

This article focuses on opinions of 185 Flemish members of Parliament on the functioning of Parliament, the position of Parliament in the decision making process and their task as a member of Parliament. For that purpose, members of Parliament were not interviewed, hut other sources were used, such as papers, papers of political parties and parliamentary documents. They all were situated in the period 1977-1987.The study shows that members of Parliament do not wish to affect a revaluation of Parliament (...) because of different opinions of opposition and majority members conceming its position in the decision making process. Nevertheless, they extensively discussed this theme. In this way they want to express their concern for the functioning of parliamentary democracy, in which Parliament constitutionally is focused in the center. (shrink)

There is renewed scholarly interest in studying the dynamics of constitutional revolutions and the explanations for the rise of constitutional courts around the world. At the same time, there is growing discussion of democratic backsliding and concern that democracies are exhibiting extremism, weakening of opposition forces and constitutional courts, and violations of civil and political rights that are pertinent to vibrant democracies. Scholars try to study both phenomena and understand the relationship between them. Israel is an important case study (...) for both agendas. This Article analyzes the jurisprudence of Aharon Barak, one of the greatest jurists of our time with a worldwide reputation for revolutionizing both Israeli constitutional law and comparative constitutional law. It explains the tactics and strategy used by Barak to revolutionize Israeli constitutional law on issues of reasonableness, proportionality, standing, justiciability, constitutional review, equality, and supra-constitutional law. It reveals how each revolution paved the way for the next. It offers explanations for the effectiveness of these judicially-led revolutions as well as possible bases for their legitimation. Barak was a common law judge and ultimately treated parliamentary sovereignty as a doctrine arising from common law and constrained by common law, though he never quite put it in these terms. The Article concludes with explanations for the political backlash experienced by the current Israeli Supreme Court that some have characterized as democratic backsliding. It argues that the Court contributes to the development of law as part of a dialog and interaction between the different branches of government. As the Court operates within these dynamics, it must understand and take into account the institutional, political, and social environments in which it operates to preserve legitimacy and achieve efficacy. Barak was a strategic player that laid foundations for an expansive judicial power, but his Court was very prudent in utilizing that power. His successors may have contributed unintentionally to the backlash against the Court by following Barak’s substantive jurisprudence, but not necessarily his prudent tactics and strategy. (shrink)

In this article we conclude, via a comparison of the 19th C. scientific publications concerning the Belgian parliament and the state of parliamentological research of the day, that Belgian writers achieved an international standard. In Belgium, as elsewhere in Europe, parliamentology was pursued from the standpoint of various complementary schools of thought. Modern political history provided very detailed information about the functioning of the parliamentary institution; constitutional law investigated the juridical aspects of it ; political science transcended these juridical (...) boundaries and took account of the political aspects as well ; this method was also pursued in the field of political economy which, from a methodological point of view, can be regarded as the fundamental current of parliamentary sociology.It can be asserted that these writers are the founders of modern parliamentology despite the rather weak methodological foundation of their studies, the relative lack of empirical data-collection and the infiuenceof political commitment. As is still the case today, so also in the 19th C, the formal-juridical approach was dominant ; however, it was also insight-fully recognized that the most important problems of power lay in the mutual relations of the members of parliament themselves and in their relation to the majority, the opposition and the executive power. These studies furnish, therefore, very interesting lines of inquiry for the diachronic treatment of the majority of the problems of contemporary parliamentology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Meanings and Function of Anti-System Ideology in the Weimar RepublicBen LiebermanThere are few, if any, ideological terms in the extensive historiography of the Weimar Republic so omnipresent and yet at the same time so obscure as the word “system.” Historical accounts of the Weimar Republic are strewn with references to the “system.” In recent works on the Weimar Republic Hagen Schulze points to the opposition of bourgeois (...) (bürgerliche) parties to the “Weimar ‘system,’ “ Detlev Peukert notes “hatred of ‘the system,’ the political and social order of the Republic”; Knut Borchardt observes the loss of faith in the capacity of “the system” to satisfy expectations; and Hans Mommsen refers to the “political system,” the “party system” and the “parliamentary system.” 1Historians, whatever their other differences, agree that mounting opposition to the System weakened the Weimar Republic, but the usefulness of this observation requires analysis of the meaning or meanings of the System. What, then, was the Weimar System? Surprisingly, many accounts of the Weimar Republic do not even attempt to provide a definition of the System, and the term receives only cursory treatment in several specialized works on ideology of the Weimar era. 2 Anti-System politics does receive attention, but Thomas [End Page 355] Childers’s insightful and pioneering essay on “anti-system politics” concentrates on mobilization against the System rather than on the problem of defining it. 3The best existing analysis of the System in Kurt Sontheimer’s valuable study of anti-democratic thought in the Weimar Republic suggests that historians cannot take the meaning of the term as a given. Sontheimer establishes that the System formed part of the array of anti-democratic thought of the Weimar Republic, but he also notes that the term’s meaning cannot easily be pinned down. The System conveyed a variety of political and economic meanings and ultimately formed a “nationalist counter myth.” 4During the Weimar Republic, attacks against the System emanated from a wide range of sources, most notably from a variety of nationalists as well as from Communists. Nationalists of many leanings detested the System. The DNVP (German National People’s Party), the largest political party of the right for most of the Weimar Republic, hated the System. So, too, did conservative revolutionaries and völkisch (ethnic or racist nationalist) groups including nationalist associations and the National Socialists. At the other end of the political spectrum, attacks against the System also surfaced in the pronouncements of the KPD (German Communist Party). 5No single ideological line of attack doomed the Weimar Republic, but use by an extraordinarily broad range of political groups lent tremendous force to anti-System discourse. Adopted by foes who sometimes agreed on little else, the System was the targets of repeated attacks spread across the German political spectrum and called into question Weimar legitimacy. Analyzing this broad pattern of use raises several tasks. As a prelude to investigating anti-System terminology, it is necessary to map out the patterns of use of the System during the Weimar Republic. The very ability of rival groups to adopt anti-System suggests that the System incorporated varied meanings.Beyond investigating the meaning or meanings of the System, an analysis of anti-System terminology should also explore the appeal and influence of anti-System terminology. Why did such a broad range of groups adopt anti-System discourse, and how did acceptance of anti-System terminology help to discredit the Weimar Republic and designate alternatives for Germany’s future? [End Page 356]Describing Weimar’s perceived failings, anti-System terminology simultaneously provided a partial guide to a presumably-better Germany without the System. The System came to envelop many institutions of German public life, but attention should also be paid to spaces left unoccupied by the System. What, if any, institutions or structures of public life were left untainted by the broad wave of attacks against the System? If the hated System could be swept away, what would be left in its place? It is noteworthy that the many enemies of the System generally desired a strong state.Exploring the effects of broad attacks against the System, analysis of the System should also... (shrink)

In the eighteenth century, Voltaire presented China as the kingdom of philosophers. The term philosophe, which appeared at this period, is the ancestor of the "intellectual," a name most historians date back to the Dreyfus Affair at the beginning of the twentieth century. But the request for a specific role in public affairs by literati is much more ancient than this specific case. After all, at least since the early nineteenth century, the Russian intelligentsia affirmed its involvement in the public (...) sphere. And discussions have been going on in China for decades to assess how much modern zhishifenzi can be considered as the heirs to the traditional literati, or shi. All along the twentieth century, and especially after the May Fourth movement signaled its irruption on the political scene, the intelligentsia has been involved in the definition of the way to "save China." The 1920s and 1930s have been witnesses to raging debates on the path to modernization, the necessity to create a new culture in rupture with Confucianism, and on the desirable political system for China.1 The majority of intellectuals agreed on the necessity to introduce the values of Enlightenment in the Middle Kingdom, but they soon diverged on the type of political system that would best ensure their enactment. Intellectuals were soon involved with the various political parties that competed for the leadership of the country, and opposition between exponents of parliamentary democracy such as Hu Shi and Marxists such as Chen Duxiu. (shrink)

ABSTRACTThis paper introduces and transcripts two hitherto unpublished letters by the political economist David Ricardo to his neighbour and intimate friend Thomas Smith of Easton Grey. In these letters dated 11 December 1819 and 12 February 1821, Ricardo mentioned the third edition of his Principles of Political Economy and Taxation, as well as his notes on the first edition of Malthus’s Principles of Political Economy Considered with a View to their Applications. Ricardo referred also to several contemporary debates in the (...) House of Commons where he seated for the borough of Minchinhampton since the early part of the year 1819. Amongst these debates are the ‘Seditious Meetings Prevention Bill’; the affair of a pamphlet anonymously published in late 1819 and entitled A Trifling Mistake; the issue of parliamentary reform; and Ricardo’s opposition to Alexander Baring on the origin of the contemporary distress as well as on his project of a return to bimetallism as a measure of relief. (shrink)

Results from an opinion poll, held in mid-year 1975, with a representative sample of Belgian citizens, show that the oppositions the citizens perceive, are partly of a universal nature and partly specifically Belgian. Those who have gat power vs. those who have not, young vs. old, male vs. female are oppositions that complement more specifically Belgian conflict dimensions : socio-economic problems, religion, ethnicity. The political parties are instrumental towards some poles on such confiict dimensions, but the instrumentality is not yet (...) proportionalto the share of the poles in the total population; moreover, it is quite weak towards some poles. The image the public has about the power hierarchy in Belgium appears to coincide rather adequately with a ranking on the power hierarchy as established by the top-participants. People do realize who really is powerful. Besides, the basic institutions of parliamentary democracy are fundamentally recognized and accepted. One finds indeed quite unambiguous appreciations of the individual and social rights and freedoms, of the institutionalization of conflict solution and of the maintenance of the political entity. (shrink)

Organized after an almost complete term of office, but the end of which was marked by the resurgence of the community-linked problems and by the departure of the Ministers of the Volksunie, the parliamentary elections of 24th November 1991 will remain characterized by the punishment inflicted by apart of the voters, not only on the majority's parties, but also on the traditional parties as a whole.The opposition of the dissatisfied voters did not show itself either in a reduced (...) participation to the vote, a rather normal phenomenon in a country where voting is compulsory, or in a rise of the blank and spoilt ba/lot papers. The 1991 figures are, in these respects, very similar to the average figures of the last thirty years.The opposition was first characterized by high variations in the choice of the voters, which dit not, however, exceed the size of the movements noticed at previous elections. The rate of external mobility, as computed by us, is ranked fifth among the 22 levels that have been counted since universal suffrage has been introduced in Belgium. In 1991, this rate was the highest in Brussels, which is traditional, but it was also considerably higher in Flanders than in the Walloon Region, which quite seldom happens.Then, the opposition found expression in a setback for the Jour ruling parties.This set back amounted to about 8% and even 10% if account is taken of the Volksunie which was part of the Government until the very last weeks before the dissolution of the Houses of Parliament. Such a setback for an outgoing majority is not exceptional; a more unusual phenomenon lies in the f act that this decline was not profitable, on the whole, to the third traditional "family", i.e. the Liberals. As a result of this simultaneous setback for the three traditional families, these total only about 70% of the valid votes, which is the worst result of the whole Belgian electoral history.The political formations that are progressing are the Ecologists, on the one hand, and the far-right lists, on the other hand. Ecolo improves its results considerably in the Walloon Region and in Brussels, without however reaching the level obtained at the 1989 European elections, while Agalev only registers a slight progress.On the contrary, the winner of the elections in the Flemish Region, is unquestionablythe Vlaams Blok, as well as the "Rossem" lists that draw some 5% of the angry voters.If the far-left trend has almost disappeared from the Belgian political scene, the far-right parties, on the contrary, are making a breakthrough on it. The current made up by the Vlaams Blok and the openly far-right lists wins a bit less than 8% of the votes in the whole country. It is likely, however, that those who voted for the Vlaams Blok do not all adhere to the far-right ideas, but that some of them are attracted by the Flemish autonomist stands. The real electoral power of the far-right parties can then be assessed at 6 to 7%, which is much more than in 1987, hut does not make a record in comparison with other European countries.The votes of opponents without any clear political orientation, the bulk of which is won by the "Rossem" lists, amount to some 3%, which is new for Belgium.In a country where voting is optional, many of these voters would probably have stayed at home.This being so, and as f ar as these concepts still remain meaningful, the Belgian electoral pendulum shifted some 5% towards the right, at the expense of the left for more than 3% and the centre for a bit less than 2%.As far as the Parliament is concerned, the situation is clear in the Walloon Region and in the French-speaking Community where the Socialist Party, by far the most important party, is almost inevitable. It is however much more vague on the Flemish side, where the CVP's setback and the dispersion of the polical farces make several types of coalitions possible. (shrink)

The doctrine of parliamentary sovereignty of the United Kingdom parliament is often presented as a unique legal arrangement, one without parallel in comparative constitutional law. By giving unconditional power to the Westminster parliament, it appears to rule out any comparison between the Westminster Parliament and the United States Congress or the German Bundestag, whose powers are limited by their respective constitutions. Parliament in the UK appears to determine the law unconditionally and without limit. Nevertheless, a fuller understanding of (...) class='Hi'>parliamentary sovereignty as a legal and constitutional doctrine shows that this first impression is false. The nature of the British unwritten constitutional order is entirely similar to the written one prevailing in the United States or Germany. This is because the doctrine of parliamentary sovereignty, contrary to Dicey’s classic view, does not consist in a single dominant idea but in a number of related and mutually supporting principles that constitute higher law. The way in which these principles interact is parallel to the interaction of the main clauses of the United States Constitution or the German Basic Law. This analysis shows that the constitution, written or unwritten, never requires a ‘pouvoir constituent’. The constitution emerges from the law as the result of moral and political principles that breathe life into our public institutions. (shrink)

Recently, Australia became the second jurisdiction worldwide to legalize the use of mitochondrial donation technology. The Mitochondrial Donation Law Reform (Maeve’s Law) Bill 2021 allows individuals with a family history of mitochondrial disease to access assisted reproductive techniques that prevent the inheritance of mitochondrial disease. Using inductive content analysis, we assessed submissions sent to the Senate Committee as part of a programme of scientific inquiry and public consultation that informed drafting of the Bill. These submissions discussed a range of bioethical (...) and legal considerations of central importance to the political debate. Significantly, submissions from those with a first-hand experience of mitochondrial disease, including clinicians and those with a family history of mitochondrial disease, were in strong support of this legislation. Those in support of the Bill commended the two-staged approach and rigorous licencing requirements as part of the Bill’s implementation strategy. Submissions which outlined arguments against the legislation either opposed the use of these techniques in general or opposed aspects of the implementation strategy in Australia. These findings offer a window into the ethical arguments and perspectives that matter most to those Australians who took part in the Senate inquiry into mitochondrial donation. The insights garnered from these submissions may be used to help refine policy and guidelines as the field progresses. (shrink)

A logical theory of oppositions deals with the relation between propositions and their truth values. On the basis of a formal semantics that proceeds by means of questions-answers, three theses are claimed in the following: (1) the concept of opposition usually refers to incompatibility, but our logical analysis focusses upon a broader relation of difference; (2) more generally, opposition has to do with negativity; our semantics accounts for it through opposite-forming operators; (3) subalternation is a particular case of (...) non-contradiction expressing an “opposition of an opposition”; it is not a proper opposition, accordingly, but its very meaning depends upon the latter. There is not only one but rather a number of expressions for negativity and the paper presents a detailed analysis of these "floating" expressions in a twofold sense of the word: floating quantification is closely related to the logical operations of sentential negation and denial; to what extent natural languages do not clearly express the meaning of a negative thought will be exemplified. L'objectif du texte qui suit est double : non seulement proposer une analyse logique du concept d'opposition, susceptible d'apporter de la précision à cette notion tout aussi vague que courante ; mais aussi, proposer une explication des différentes façons dont la négation se manifeste dans les langues naturelles, en particulier dans notre modèle local de la langue française. Tandis que la communauté des linguistes propose couramment une distinction entre une négation logique et une négation linguistique, l'article qui suit a la prétention d'une explication unifiée de la négation, c'est-à-dire un cadre théorique commun dans lequel ces deux aspects de l'opérateur de négation apparaissent comme des cas particuliers aux significations distinctes. Il n'y aurait donc pas une négation logique, d'un côté, et une négation linguistique ou "métalinguistique", de l'autre. Une approche structurelle des expressions négatives devrait apporter un éclairage sur ce point, par le biais d'une analyse algébrique de la signification en termes de questions-réponses. Mais revenons pour commencer sur l'origine philosophique du concept d'opposition, avant d'en exposer les propriétés logiques par la suite et les expressions linguistiques pour conclure. (shrink)

Discrepancies between the Uniform Determination of Death Act (UDDA) and the adult and pediatric diagnostic guidelines for brain death (BD) (the “Guidelines”) have motivated proposals to revise the UDDA. A revision proposed by Lewis, Bonnie and Pope (the RUDDA), has received particular attention, the three novelties of which would be: (1) to specify the Guidelines as the legally recognized “medical standard,” (2) to exclude hypothalamic function from the category of “brain function,” and (3) to authorize physicians to conduct an apnea (...) test without consent and even over a proxy’s objection. One hundred seven experts in medicine, bioethics, philosophy, and law, spanning a wide variety of perspectives, have come together in agreement that while the UDDA needs revision, the RUDDA is not the way to do it. Specifically, (1) the Guidelines have a non-negligible risk of false-positive error, (2) hypothalamic function is more relevant to the organism as a whole than any brainstem reflex, and (3) the apnea test carries a risk of precipitating BD in a non-BD patient, provides no benefit to the patient, does not reliably accomplish its intended purpose, and is not even absolutely necessary for diagnosing BD according to the internal logic of the Guidelines; it should at the very least require informed consent, as do many procedures that are much more beneficial and less risky. Finally, objections to a neurologic criterion of death are not based only on religious belief or ignorance. People have a right to not have a concept of death that experts vigorously debate imposed upon them against their judgment and conscience; any revision of the UDDA should therefore contain an opt-out clause for those who accept only a circulatory-respiratory criterion. (shrink)

Parliamentary privilege immunises certain activities of legislative bodies and their members from the ordinary law and judicial scrutiny. The rule of law, on the other hand, insists that everyone - including public officials - is subject to the law. Moreover, the rule of law is usually understood to involve judicial review of executive rather than legislative action. Thus, parliamentary privilege seems to establish a public sphere that is beyond the rule of law. Notwithstanding the tension that appears between (...) these two ideas, I argue that parliamentary privilege and the rule of law, properly understood, support rather than oppose one another. However, the ideas can be reconciled only if we reject the jurisdictional and categorical approach to parliamentary privilege adopted recently by the Supreme Court of Canada in Canada (House of Commons) v. Vaid [2005] 1 S.C.R. 667, 2005 SCC 30. This approach should be rejected because it trades on an unsustainable distinction between review of the scope of an asserted privilege and review its actual exercise, with the Court finding that only issues of scope are subject to review, even if important human rights are at stake. (shrink)

The square of opposition (as part of a lattice) is used as a natural way to represent different and opposite ways of who makes decisions, and in what way, in/for a group or a society. Majority logic is characterized by multiple logical squares (one for each possible majority), with the “discursive dilemma” as a consequence. Three-valued logics of majority decisions with discursive dilemma undecided, of veto, consensus, and sequential voting are analyzed from the semantic point of view. For instance, (...) the paraconsistent and paracomplete logics M3, M3veto and C3 are described. The distinction of designated and non-designated values is not used, and instead, the consequence relation is defined as a preservation of the minimum truth-value of the implying set of sentences. The consequence and opposition relations of the logics described are compared, and an ordering of the logics with respect to their opposition relations is established. (shrink)

The paper presents the diagrammatic calculus CL, which combines features of tree, Euler-type, Venn-type diagrams and squares of opposition. In its basic form, `CL' (= Cubus Logicus) organizes terms in the form of a square or cube. By applying the arrows of the square of opposition to CL, judgments and inferences can be displayed. Thus CL offers on the one hand an intuitive method to display ontologies and on the other hand a diagrammatic tool to check inferences. The (...) paper focuses mainly on the adaptation of the square of opposition in CL and offers an algebraic notation, which corresponds to the diagrammatic representation. (shrink)

This paper is concerned with the Convention’s “democracy clause,” that is Article 3 of Protocol No. 1, which provides for the right to free elections. Why should it be described as a “democracy clause” and what is its significance for today? The paper first sketches out the drafting history, which reveals that while the framers were keen to preserve their inherited domestic institutions, they also thought it crucial to promote democracy. The Convention invokes but does not define democracy. It is (...) within the Court’s competence to elucidate its meaning. The Court holds that pluralist democracy is the only system compatible with the Convention. This paper argues that Article 3 of Protocol No. 1 further presupposes a representative legislature. It does not require member states to introduce a specific system of elections and representation, but it obliges them to conform to parliamentary democracy. Thus, the Court’s model of democracy rests on two pillars: pluralism and parliamentarism. It subscribes to pluralist democracy theories but contradicts the monolithic conception endorsed by Carl Schmitt. The Court’s model has the potential to offer a robust account of democracy. Yet, Article 3 of Protocol No. 1 has never lived up to its potential. The Court’s relevant jurisprudence is inadequate to address the contemporary antidemocratic shifts that are underway in certain member states. Hence, the paper suggests that the Court’s power to apply this clause is not limited to general elections but also extends to presidential elections and referendums. (shrink)