(Re)assessing Parliamentary Policy Impact: The Case of the Australian Senate

A recent article in this Journal suggested that assumptions about the legislative influence of the Australian Senate may overstate its de facto power. Stanley Bach indicated that compromise with the Senate was relatively rare, and pointed out that most successful Senate amendments were government amendments. This paper provides an alternative view. We suggest that legislative influence is more subtle than Bach acknowledged, and that it is necessary to dig deeper in the data to fully understand the Senate's role. We therefore supplement his analysis in two ways: (1) through tracking the ultimate outcome of government defeats in the Senate; and (2) through analysis of two case study bills. We find that in confrontations with government the Senate ‘wins’ the great majority of the time. This shapes government behaviour in the chamber, such that many government amendments actually respond to non-government concerns. The most important element of Senate influence is therefore ‘soft power’– exercised through negotiation – backed up only in extremis by the ‘hard power’ of government defeat. This holds important lessons for the study of legislative influence more broadly, as well as demonstrating the true power of the Australian Senate.     

Devolution and Parliamentary Representation: The Case of the Scotland and Wales Bill, 1976–7

For as long as devolution has been debated in the UK, there has been fierce discussion as to the representation of the would‐be affected areas at Westminster. That this has been the case is a consequence of Westminster's dual remit as both a state‐wide and a sub‐state legislature. While this dual remit was relatively straightforward when applied to all nations of the UK, it does, however, raise serious questions about the equality of MPs at Westminster in the face of asymmetric devolution that would carve out parliament's remit in some, but not all, parts of the UK. These questions bedevilled Gladstone's Irish Home Rule Bills in the late 19th century and have been a recurrent feature of debate following New Labour's devolution programme in the late 1990s, culminating in the adoption of a system of ‘English Votes for English Laws’ by the house of commons in October 2015. This article looks at this issue through the lens of the ill‐fated Scotland and Wales Bill introduced by the Callaghan government in 1976. It explores the roots of the bill and how, and why, the idea of referring the question of territorial representation, post‐devolution, to a Speaker's conference, came to secure the initial support of cabinet as the best answer to this problem, and why the government swiftly changed its mind. Parliamentary statecraft considerations served to push a Speaker's conference onto the institutional agenda, before ultimately dooming it to failure.     

The Essential Body: Mesopotamian Conceptions of the Gendered Body

Linguistic, art historical, hermeneutic, gender and intercultural analyses clarify body and gender concepts in Sumerian and Akkadian mythology, literature and visual arts. The body was a fundamental point of reference in ancient Mesopotamia, metaphor for the total self, royal ideology, cities, humanity and deities. Humanity was created without gender; sex, gender and social status were subsequently inscribed on the body. Gender taxonomy tolerated ambiguity beyond the ‘normative’ masculine/feminine. Body and mind were an inseparable unity and denoted by the same Sumerian word. Mind/body and male/female dichotomy were unknown.     

The Gendered Genealogy of Political Religions Theory

This article explores the origins of certain theories of fascism, notably political religions theory, in the gendered intellectual milieu of the late nineteenth century. It suggests that political religions theory owes much to Gustave Le Bon's collective psychology (or crowd theory), a discipline that depended on a distinction between the feminised, racialised mass and the active male elite, and which saw women as trapped in the traditional phase of history. The article shows the influence of collective psychology in Durkheimian sociology and Freudian social psychology, and details its transmission to political theory via Talcott Parsons's account of the origins and nature of Nazism. The unacknowledged influence of collective psychology means that advocates of political religions theory either ignore women, or depict them as passive creatures defined by their need for the domination of a male elite.     

The Gendered Human of Humanitarianism: Medicalising and Politicising Sexual Violence

This article examines the relationship between gender and the human through the lens of humanitarianism, whose key mission is to protect ‘humanity’. More specifically, it traces the recent history of the entry of gender‐based violence into the medical humanitarian portfolio, quickly becoming the poster‐child for humanitarian aid. The article argues that this unprecedented attention to gender‐based violence, and its incorporation into the mandate of humanitarians and their mission to protect a universal humanity, works to medicalise and depoliticise the issue, limiting the ability to address violence in all its manifestations. The article also suggests that paying attention to the details of this attempted incorporation, and its ultimate failure, actually offers us something more important and interesting to think with: it opens the way to new possibilities for the political, and hence for addressing such forms of violence and inequality.     

评析美国安乐死合法化的进程

二战后的美国安乐死运动是民主权利运动与医疗技术革命的产物,经历了"死亡权利"运动与"尊严死亡"运动两个阶段。"死亡权利"运动推动各州制定《自然死亡法》,确认病人有拒绝治疗的死亡权利。"尊严死亡"运动以创制公民投票法案方式在俄勒冈和华盛顿州成功制定《尊严死亡法》,实现医生协助晚期病人自杀合法化。文章还分析了安乐死的道德及权利之争,同时也探讨了联邦最高法院认可俄勒冈等州依法进行的协助自杀合法化实验。     

The institutional odyssey of the Italian Parliamentary Republic

This article examines the Italian foreign policy of the second Berlusconi government. The first section focuses on the episodes that critics have used to argue that, under the second Berlusconi government, there has occurred a process of ‘Americanization’ of Italian foreign policy, and provides an interpretation of their significance. The second section looks at these episodes against the historical background of Italian?–?American relations since the end of World War II and argues that, from this perspective, very little, if anything, has changed in Italian?–?American relations or Italian foreign policy in general.     

White Parliament,Black Politics: The Dilemmas of Indigenous Parliamentary Representation

Australia's parliaments remain fundamentally white institutions. Since Federation, Aboriginal and Torres Strait Islander people have been poorly represented – or not represented at all – in the nation's State, Territory and Commonwealth legislatures. Today there remains an ambivalent assessment of the capacity for parliamentary representation to actually deliver meaningful change for Indigenous peoples. This article examines the complexities involved in Indigenous parliamentary representation, drawing on original interviews with current and past parliamentarians to examine tensions between party identification and indigeneity; between electoral and group-based representation; and between notions of a politics of presence versus the effective representation of a diversity of Indigenous interests. The paper concludes that while parliamentary representation is important in a symbolic sense, without structural transformation it will never be an adequate vehicle for representing Indigenous needs and concerns in the postcolonial state.     

Visible and Invisible Cultures of Parliamentary Ethics: The 'Sports Rorts' Affair Revisited

A growing body of research has examined the ethical cultures of liberal democratic legislatures via interview studies of parliamentarians. Mancuso's recent study of British parliamentarians distinguishes between four ethical types-Puritans, Entrepreneurs, Servants and Muddlers. Such studies, while valuable, appear to have two shortcomings when applied to Australia. First, they underestimate the centrality of political parties in most parliamentarians' ethical perspectives. A fifth ethical type, the Party Servant, is needed to remedy this deficiency. Second, the studies risk overestimating the diversity of ethical views effectively operating in parliaments because of their methodological focus on individual interview responses. Parliamentarians' individual responses form invisible cultures of legislative ethics. The visible cultures found in the everyday discourse of legislatures contain considerably less ethical variety. Here parliamentarians generally appear limited to Puritan and Party Servant perspectives. These arguments are explored through a systematic investigation of parliamentary discourse on the 'sports rorts' affair.     

From Normative Debates to Comparative Methodology: The Three Waves of Post-Charter Supreme Court Scholarship in Canada

This article surveys the literature on the Supreme Court of Canada following the 1982 introduction of the Canadian Charter of Rights and Freedoms, and argues it has taken place in three distinct “waves.” The first involved tentative, prospective, and normative arguments about the impact of the Charter on national unity and Canada’s political institutions. The second was characterized by the legitimacy debate, the dialogue debate, and qualitative examination of how other political actors responded to Supreme Court decisions. By contrast, the third wave, initiated by American scholars drawing from American research, has been less normative, more comparative, and methodologically rigorous. While this comparative shift has been beneficial, the retreat from normative questions contributes to a misplaced sense that important debates are now settled. We urge scholars to engage in intellectual cross-fertilization by drawing from third-wave contributions to address normative questions about the Supreme Court’s increasingly important role in Canadian politics.