A. V. Dicey and English constitutionalism

The jurist A. V. Dicey’s study of the Law of the Constitution (1885) has been since its publication the dominant analysis of the British constitution and the source of orthodoxy on such subjects as parliamentary sovereignty and the rule of law. This canonical status has obscured the originality of Dicey’s ideas in the history of legal and political thought. Dicey reworked the traditional idea of sovereignty into two separate concepts – legal and political sovereignty – in order to square the common law notion of the sovereignty of parliament with the democratic idea of the sovereignty of the people. He forged a new concept – ‘the rule of law’ – to explain the legal basis of liberty in common law countries in a manner that was both Benthamite and constitutionalist. Finally, he provided a democratic and anti-federalist rationale for maintaining the Union of Great Britain and Ireland. This majoritarian, centralist and utilitarian constitutionalism has been one of the most enduring products of Victorian scholarship. This article seeks to recover it in its original context and, in so doing, to show the value of reintegrating legal thought into the mainstream of modern British history and the history of political thought.     

Chancellors,Presidents and Speakers: Presiding Officers in the Scottish Parliament before the Restoration*

As a unicameral assembly for most of its history, the Scottish parliament was presided over by the chief officer of state, the chancellor. Before 1603, he presided in the presence of the monarch, who was an active participant in parliaments, in contrast to the custom in England. After the union of the crowns, the chancellor presided in the presence of the monarch's representative, the king's commissioner. As with the Speaker and the lord chancellor in the English parliament, it was customary for him to operate as an agent of the crown. He also presided over the drafting committee, the lords of the articles. During parliamentary sessions, there were also semi-formal deliberative meetings of the individual estates (prelates, nobles, burgesses and, from 1592, ‘barons’, that is, lairds sitting as commissioners of the shires), each presided over by one of their own number. The Covenanting revolution of 1638 led to radical procedural reform. This included replacing the chancellor with an elected ‘president’ (Latin preses), chosen by the membership at the beginning of each session. With separate meetings of the estates becoming a formal part of parliament's procedures, there was an elected president for each estate, sometimes referred to as ‘Speakers’ for they would speak for their estates in plenary sessions of parliament.     

Scottish Shire Elections: Preliminary Findings in Sheriff Court Books

Historians of the Scottish parliament have paid little attention to shire elections because of an apparent lack of local source material. This article explores some of the reasons for this perception and argues that sheriff court records contain considerably more evidence than has been appreciated hitherto. It demonstrates that these records provide details of the electoral process, the regularity of elections, the numbers of electors, external interference in elections and internal divisions within the electorate, local responses to national political events, and attitudes to representation through such things as levying taxes locally to reimburse representatives’ expenses. It challenges the once widely‐held view that the lesser nobility, who comprised the electorate, were uninterested in parliamentary participation, suggesting instead that the statute of 1587, by which shire representation was established, was reasonably successful. Finally, it considers the potential for further research in these and other records which, it is argued, will provide a much deeper understanding of 17th‐century Scotland's parliamentary history in particular and political history in general.     

Identifying the Critical Members of the House of Representatives

This article combines the historical record of presidential-congressional relations with previous scholarly findings to develop a model that identifies the members of Congress whose support is critical to the president's ability to build enacting coalitions. It then analyzes the relationship between President Obama and the House of Representatives during the 113th Congress as a case study that demonstrates the model's utility. Conventional wisdom and political pundits suggest that presidents working in divided government will have impossible difficulty working with Congress, but history suggests otherwise. The president's ability to successfully build enacting coalitions during divided government requires him to perform two rather disparate tasks. First, the president must minimize the amount of presidential party members who cross party lines to vote against the president's position. Second, the president must entice at least some opposition party members to cross party lines and support the president's position. Using data from 1981 to 2015, I find that representatives’ behavior on presidential support votes are related to constituency-level presidential strength, electoral vulnerability, ideological moderation, and ideological extremity. I use these results to identify the critical members of the 113th Congress. When a majority of these critical members supported President Obama's positions his legislative efforts were successful. When a majority of these members opposed the president's positions, the House Republican majority defeated the president.     

Presidential Position-Taking,Presidential Success,and Interest Group Activity

Do lobby groups help the American president achieve policy objectives? Existing research seldom evaluates interest groups and the president in conjunction, and as a result we have little systematic knowledge about how groups respond to presidential actions or whether they assist in realizing the president’s policy agenda. Building on existing data obtained through interviews with 776 lobbyists, combined with variables we generate describing issue salience, congressional attention, the political context, and policy adoption, we show that interest groups adjusted their lobbying activity to better reflect the president’s voiced preferences. Despite this strategy, we find that lobby groups had no significant marginal effect on policy adoption when controlling for the overwhelming influence of the president. The strong association between policy adoption and position-taking by the president withstands the inclusion of five alternative variables found in previous studies to condition the influence of the president over policy adoption.     

A Political History of Nagriamel on Santo,Vanuatu

ABSTRACT This article relates the political history of the Nagriamel movement on Santo, Vanuatu, and tries to account for its traditionalist excesses by reference to biographical aspects of its charismatic leader Jimmy Stevens. Stevens was the main architect in the unification of the ‘dak bus pipol’ (communities living in the island's remote interior) under a form of custom (kastom) he himself partially devised. This review of the life of this unusual character, who started as a ‘boy’ serving his colonial masters and became an ‘island king’, a self‐proclaimed ‘Prince’ of ‘Santo Custom’, and of the way he exploited the nativist assertions of his indigenous supporters, will also provide an opportunity to take a fresh look at the troubled period surrounding Independence in the Republic of Vanuatu.     

Putin's Russia: slowing the pendulum without stopping the clock

Vladimir Putin has been president of Russia for eighteen months, sufficienttime for some judgement about his style of leadership and achievements to have been made. He set out to restore order to a Russia that was fragmenting in Yeltsin's latter years and to revive Russians' pride in their country. Nonetheless, he remains committed to a liberal market economy integrated with the world economy. He encouraged force to bring order to Chechnya, but has not really tackled the problem of reconstruction. He has brought the regions under greater control by the centre, but has been prepared to compromise to avoid confrontation. His most tangible achievement to date has been in championing legislation, most of it long overdue, to establish the legal basis of a market economy. He has been able to exploit a working majority in the parliament, which Yeltsin never enjoyed. The success of this enterprise will depend to some degree on its political context. Persistent efforts by Putin and his team to exert control over the political process and the media will be counterproductive if they concentrate power with the president but leave him without broadly based, independent political support. Putin is likely to remain in power until 2008, however, so he has time on his side.     

Parliament and the Reformation of Edward VI

This article explores the ways in which parliament was used to shape the accelerating protestant reformation undertaken by successive governments under Edward VI. It underlines the significance for constitutional history of Thomas Cromwell's extraordinary promotion of England's parliament to enact the break with Rome and evangelical religious change, and the corresponding use of parliament after Cromwell's fall by conservatives to combat evangelical gains, which at first constituted an obstacle to Protector Somerset's plans. There was a steady deliberate erosion of conservative episcopal votes in the Lords through political man?uvres from 1547; nevertheless, up to late 1549, the weight of conservative opposition in the Lords (without much obvious corresponding traditionalist support in the Commons) dictated crabwise progress in legislation. The convocations of Canterbury and York played a more marginal role in religious change. Somerset's unsuccessful attempt at populist innovation in parliament was, arguably, an important element fuelling the coup against him in autumn 1549. Thereafter, events moved much more rapidly, aided by further compulsory retirements of bishops. Attention is drawn to the frustration felt by some enthusiastic evangelicals at the pace of change dictated by parliament, leading the prominent refugee, Jan ?aski, sarcastically to characterise the Edwardian Reformation in retrospect as ‘parliamentary theology’. From late 1552, divisions between clergy and nobility in the evangelical leadership over plundering of church wealth led to confusion, ill will and the disruption of further progress, even before it was obvious that King Edward was rapidly dying.     

民初第一次国会选举竞选活动研究

民初国会选举是中国历史上第一次非暴力方式的政权角逐.以国民党、共和党为代表的各个政党采取了各种各样的竞选方式和竞选策略,其中有暴力、行政作弊等恶性的方式,有舆论斗争、金钱作用等中性的方式,也有公开演说、政党组织、法律诉讼等良性的方式,虽然有很多缺点,但总体来说这是一次具有合法性的选举.民主制度需要深层的现代政治文化为依托,从传统"一元文化"到现代"多元文化"需要一个长期的转化过程,竞选中暴露出的政治文化缺陷预示了在中国建立民主制度的道路必定曲折艰辛.     

Policing the Holy Nation: The State and Righteous Violence in Vanuatu

ABSTRACT In Vanuatu, the police force has in recent years been strengthened by foreign government aid. AusAid and NZAid are heavily involved inside the police force, seeking to create ‘good governance’ and to shape Vanuatu's national developments. However, these measures also coincide with some other unexpected developments. Recent cases of violence, and especially of sorcery, have led the police to intervene in a quest for moral order. Police are becoming part of the articulation of new occult understandings of wealth and power. These developments are traced back partly to the history of colonial governance and the idea of righteous violence, but also to current restructurings of the Vanuatu state and growing Christian conceptions of Vanuatu as a holy nation.     

Past Contradictions,Contemporary Dilemmas: Egypt's 2013 Coup and Early Islamic History

To what extent is the present of Muslim societies influenced by their past? How do politics and historiography relate to each other in medieval and contemporary Islam? More specifically, can events from early Islamic history help us understand current events in Muslim countries? By discussing how some of these remote events have contributed to the emergence of certain political views, this article argues that they are still relevant to the present in Muslim countries (in our case here, Egypt) and can indeed help us understand an important part of the picture of a recent event that may have a long lasting influence on the present and future of both the country and the region where it occurred. This event was the removal of Egypt's first ever democratically elected president by a military coup on July 3, 2013, one year after he assumed office. By examining the various religious and political hermeneutic strategies used by some medieval and modern Sunni scholars to support or condemn certain acts of rebellion while opposing others, the article seeks to demonstrate — through the comparison of some of these strategies — the contradictory positions of medieval Sunni scholars regarding events from early Islam, and thus the dilemmas that their modern counterparts face when dealing with contemporary events.     

‘The Sustenance of Salisbury’ in the era of Decolonization: The Portuguese Politics of Neutrality and the Rhodesian Oil Embargo, 1965–7

This article investigates Denmark's international legal status during the Second World War. In exploring this theme it brings together two emergent research perspectives on twentieth-century international political history: (1) a growing interest in small states as actors and active interpreters of international political events in times of crisis and war; and (2) a focus on international law as an independent and so far underexplored research theme. From this double perspective the article highlights and analyses the unprecedented and unparalleled character of the legal relationship between Denmark and Germany after the German occupation of Denmark in April 1940. In doing so it places particular focus on how this situation was viewed and conceptualised by Danish politicians and legal experts. Thus it explores the complex entanglement of politics and law that characterised Danish attempts to bring about and consolidate the particular peaceful and ‘normal’ relationship with Germany as well as efforts to change this relationship and make Denmark a belligerent state. By analysing the four concepts of neutrality, non-belligerence, peaceful occupation, and war the article shows how these legal concepts served as political instruments that were pushed forward by competing and changing understandings of Denmark's international position and interests during the war. But it also shows how these legal conceptualisations were fundamentally structured by the general international legal and political developments of the war (the deterioration of neutrality and the emergence of long-term military occupation and guerrilla warfare throughout Europe). And it demonstrates how they gradually took on a life of their own and came to frame and shape perceptions of Denmark's international position - both among Danish politicians and bureaucrats during the Second World War and among historians to this day.     

The afterlives of Hugo Chávez as political symbol

In January 2016, the first publicized decision made by the president of the newly installed Venezuelan parliament, Henry Ramos Allup, was the removal of pictures from the legislative premises. In what transpired as a calculated performance, this member of the old political guard was captured on video dismissively instructing removal workers to send pictures of Chávez away to Sabaneta (Chávez's birthplace), or into the rubbish bin. He also commanded the removal of recent representations of Simón Bolívar, disqualifying them as ‘an invention of that mister [Chávez], a crazy thing’. This episode signalled the intensification of an ongoing struggle over political symbols in Venezuela. This article discusses the background and implications of such a struggle, focusing in particular on the figure of Chávez as the epitome of a contested national symbol. The fate of Chávez's corpse, currently located in a mausoleum, is at stake, but also the configuration of the institutionally sanctioned symbolic order with which political actors aim to condition political manoeuvring in years to come.     

The Politics of Chivalry: Sir Robert Walpole,the Duke of Montagu and the Order of the Bath

This article explores the complex circumstances surrounding the foundation of the order of the Bath in 1725, and seeks to correct the commonly‐held view that it was initiated by Walpole simply to augment the patronage available to his supporters in parliament. The proposal for a new order of chivalry based on the medieval ‘knighthood of the bath’ in fact emanated from the court, having been prompted by one of its central figures, the duke of Montagu. Walpole and his colleagues were by no means oblivious to the practical political value of such a move, but having only lately consolidated their position at court, their main priority was to seize a unique opportunity to flatter the new royal dynasty and garner popularity for it through the medium of the order's rediscovered history. The ministers selected the order's 36 founder‐knights with considerable input from senior courtiers, but ensured that those nominated were mostly peers and MPs who could evince ministerially useful connections between court and parliament. Though the order was later derided as a symptom of Walpoleian corruption, its foundation can be regarded as something of a turning point in Walpole's rise to power.     

Gender Equality in National Politics: The Views of Australian Male Politicians

Studies of gender and politics have typically been studies of women and politics. In contrast, this paper places men at the centre of its inquiry by drawing on interviews with 15 current federal male politicians. Of concern is exploring the ways in which men conceptualise the question of gender equity in the Australian parliament. Three frameworks are identified in the men's narratives. These are that the parliament is a masculinised space but that this is unavoidable; that the parliament is now feminised and women are advantaged; and that the parliament is gender neutral and gender is irrelevant. It is argued that collectively these framing devices operate to mask the many constraints which exist to marginalise women from political participation and undermine attempts to address women's political disadvantage as political participants. The paper concludes by highlighting the significance of the paper beyond the Australian context and calling for further research which names and critiques political men and their discourses on gender and parliamentary practices and processes.     

Reconstruction corruption and the redeemers’ prosecution of Francis Lewis Cardozo

This essay recreates in detail the 1877 trial of Francis L. Cardozo, who was state treasurer and a leading African American political figure in Reconstruction South Carolina. Cardozo's trial and conviction provides a quintessential example of the white Redeemers’ racially perverted reaction to the supposedly systemic corruption of the state's Reconstruction government. The essay reveals how much the prosecution of Cardozo was motivated and permeated by racial and political motives. The detailed examination should encourage a re‐evaluation of the history of Reconstruction corruption in the South, and of the Redeemers’ reaction to it.     

Choosing What to Remember in Neoliberal Singapore: The Singapore Story,State Censorship and State-Sponsored Nostalgia

This article interrogates the persistence of heavy-handed censorship of political films in Singapore at a time of cultural liberalisation when the state has generally shown greater tolerance for alternative political expression in theatre, the literary arts, academia and public events. Part of this has to do with the focus of these films on political dissidents and their greater capacity to present a fundamental challenge to The Singapore Story, which is the regime-legitimising official account of Singapore’s history. It also has to do with the power and outreach of relatively low-budget independent films and the documentary genre in particular to evoke alternative histories vividly, give voice to the silenced, and channel these voices digitally into the collective cinematic and social media experience of the present. With the jubilee celebrations of 2015, the ruling party has been working hard to regain hegemony after experiencing its worst electoral losses in the 2011 general elections. Its main approach for achieving this has been to sponsor widespread national nostalgia coupled with highly selective censorship of political films that challenge the dominant official discourse in ways that can erode the government’s electoral dominance and political authority.     

The Secret History of TANU: Rumor,Historiography and Muslim Unrest in Contemporary Dar Es Salaam

This article explores historical rumors and narratives told by Muslims of Dar es Salaam, contending that Julius Nyerere, TANU founder and first president of independent Tanzania, was an inexperienced schoolteacher thrust into the role of political activist through sponsorship of the Muslim community. This history was allegedly hidden by the current government to cover up not only Nyerere’s meteoric rise to a position of leadership, but also subsequent actions that wrested the movement from Muslims and other early TANU leaders to monopolize power for himself and upcountry elites. Just as academic historians critique the teleological trajectory of many nationalist histories, these rumors critique Tanzanian nationalist history through appropriating its historiographic form to forefront postcolonial grievances. The discursive nature of such rumors articulates the discontent permeating the postcolonial Muslim community of Dar es Salaam. And as political speech in action, rumors are instrumental in mobilizing new postcolonial political configurations.     

Continuity and change in Angola: insights from modern history

Angola may be entering a pivotal moment, triggered by persistently low oil prices and its president José Eduardo dos Santos (the world's second longest‐serving president) signalling that he may step down in 2018. Will this result in continuity or change? This review article of six books on modern Angola shows that since 1820, significant dips in international commodity prices have marked moments of lasting political change in the country. They also show that the history of Angolan nationalism is one of deep divisions and that political loyalty and support were often more about survival or ambition than about ideology and ethnicity. Throughout modern Angolan history personalities, such as Agostinho Neto, Jonas Savimbi and José Eduardo dos Santos, have also played a critical role in determining the country's fortunes. The single greatest foreign influence on Angola might be Cuba's ‘internationalist solidarity’ of sending up to five per cent of its population to Angola between 1976 and 1991 in support of the Movimento Popular de Libertação de Angola (MPLA). Over a decade later, the Chinese also found that the MPLA government determined their partnership. This review article examines the strength of Angolan agency and how the drivers of change are complex, determined by personality politics, geopolitics, prestige, solidarity, cost–benefit analysis and timing.     

Unstable stability: Turkish politics at the crossroads?

The Justice and Development Party has been in power in Turkey since 2002 after a sweeping victory. The party has since implemented a successful economic stabilization programme and led the country into membership negotiations with the European Union. The educated modern‐urban segments of the population, however, continue to harbour suspicion that the government party has a secret agenda of turning Turkey into an Islamic state. Although the evidence for such a fear is not fully convincing, it can be understood within the broader framework of Turkish modernization which was carried out by a highly centralized state in the cultural‐educational domain in an uncompromising fashion, generating a social bifurcation between the moderns and the traditionalists. After the transition to competitive politics, elected politicians worked to curb the power of the state elites that have been the exponents of modernization policies. Supported also by economic development that has expanded society's power against the state, the political elites have worked to expand their scope for decision‐making. Such redistribution of power in society has been problematical and has twice resulted in military interventions. The shift in the balance of power in favour of the political (elected) elite is nearing completion. The struggle is currently centered on the election of a new president by the parliament in May 2007 because historically the presidency has been seen as a position that counterbalances the preferences of the political elite by those of the state elite. Although likely to cause perturbations, the president will be elected by the Justice and Development Party. Consolidation of Turkey's democracy is continuing.