The last laugh: Western Australia's elections and the executive state, 1983–89

Aside from bribery and corruption associated with the police and organized ‘vice and crime’, Mr Tony Fitzgerald Q.C. highlighted in his ‘Report’ five criteria as areas of concern over the health and future of parliamentary democracy in Queensland. They were: 1. Decline of Parliament in terms of (a) sitting hours, and (b) consistent refusal by the Premier and Ministers to answer parliamentary questions and to be fully accountable and responsible to Parliament for public expenditures, ministerial expenses and extra‐parliamentary executive decisions; 2. Business deals, joint ventures and other financial transactions between government, its agencies and government favourites; 3. Lavish funding of the governing political party by recipients of its favours; 4. Political ‘stacking’ of the public service; 5. Use of taxpayers’ funds by Premier and Ministers to finance writs against critics.     

Dispelling myths about conventions: ministerial advisers and parliamentary committees

There is a tension between a key principle underpinning liberal democratic governments and the associated political practice. Responsible government demands that the Executive is responsible to the Legislature. Governments, however, are generally inclined to evade or limit their accountability to Parliament wherever possible. In addition, ministerial advisers have thus far been excluded from the accountability framework of responsible government. This has led to an accountability deficit in terms of ministerial advisers appearing before parliamentary committees. Indeed, Ministers in the Australian Commonwealth and State of Victoria have claimed that there is a constitutional convention that ministerial advisers do not appear before parliamentary committees. This article challenges this claim and argues that there are no strong grounds based on precedent, reason, and the beliefs of political participants to conclude that there is a constitutional convention preventing ministerial advisers from appearing before parliamentary committees.     

Venise après Venise: official languages in the Ionian Islands, 1797–1864

Abstract

Even though the Ionian Islands (Heptanese) were removed from Venetian control in 1797, it was not until 1852 that Italian ceased to be used as an official language there. My article examines the official use of the three relevant languages (Italian, Greek and English), as laid down by statute and carried out in practice, and traces the stages leading to the final replacement of Italian with Greek for all official purposes. My study is based on the minutes of Ionian parliamentary debates and on despatches between the High Commissioner and the Colonial Office as well as constitutional documents and published Acts of Parliament.     

Towards a Democratic Bill of Rights

This paper examines two different bill of rights models for Australia: the Dialogue model and a Democratic model. The Dialogue model aims to protect rights through a bill of rights, strong political review mechanisms, intergovernmental dialogue, and rights-based judicial review. The paper argues that, despite its popularity, there are serious problems with the legitimacy and effectiveness of the Dialogue model and it outlines an alternative model, a ‘democratic bill of rights’, which attempts to avoid these problems by strengthening democratic institutions and political review mechanisms without adopting rights-based judicial review. The paper concludes that a democratic bill of rights is likely to be an effective and more democratically legitimate way of protecting and promoting human rights in Australia.     

Scottish Rights and ‘Centralisation’ in the Mid-Nineteenth Century

Abstract. This article will address the assumption that the essential definition of nationalism is parliamentary political. By highlighting the solitary Scottish nationalist movement in the mid-nineteenth century, the National Association for the Vindication of Scottish Rights, this article asks whether a ‘centralised’ state for the Scottish nation should be the model against which nationalism is interpreted. By developing the concept of ‘civil society’ as both ‘container’ and ‘director’ of nationalism, this article will show the influence of a ‘decentralised’ state to conceptions of ‘best-governing’. By stressing the contradictions in the legitimacy of the British state mid-century, it will be argued that Scottish nationalism can not be regarded as merely romantic, nor, as its outcome, can Scottish culture be presented as somehow weak. This article will argue that intellectual thought regarding the state meant that the only form of nationalism at this time was ‘Unionist-nationalism’, more union with England, not less.     

‘Rushworth Shall Not Take Any Notes Here’: Journals,Debates and the Public, 1640–60

This article focuses on, and rethinks, the issue of parliamentary ‘secrecy’ during the mid 17th century, by comparing the official journals of the house of commons with the kinds of information that emerged in the public domain in the 1640s and 1650s, not least in printed newsbooks. It suggests that scholars have too readily assumed that MPs sought rigorously to uphold the principle that parliamentary proceedings were not fit matters for public consumption, and the idea that their activities at Westminster should be protected from the public gaze. It argues that this has involved paying excessive attention to occasional comments and orders which suggest that MPs resented public scrutiny of their activity, as well as a failure to distinguish between different motives for achieving ‘secrecy’, between attitudes to the availability of different kinds of information, and between principles and political practice. The aim of the article, in short, is to offer a more nuanced appreciation of the ways in which MPs sought to professionalise and formalise public access, even to the extent of rethinking ideas about political accountability.     

New South Wales: an accidental case of semi-parliamentarism?

This response to Ganghof, Sebastian Eppner and Alexander Pörschke’s (GEP’s) challenging new account of government systems focuses on the extent to which their typology and arguments forces a reassessment of executive-legislature relations in Australia and particularly in New South Wales. First, I identify when and how different Australian governments might be claimed to have adopted their ‘semi-parliamentary’ model. Second, I question their claim that NSW constitutes an ‘ideal type’ case of semi-parliamentarism. Third, I explore the expectations of leading politicians in the 1970s about what would change following the reforms to the NSW Legislative Council (NSW LC), which in GEP’s terms shifted NSW from a parliamentary to a semi-parliamentary system. While the reforms were controversial, they were not seen as shifting NSW from parliamentary politics to some other type of government system. Fourth, I briefly explore the patterns of increased legislative activity and executive scrutiny exercised by the NSW LC after 1978, arguing that they are consistent with GEP’s concept of semi-parliamentarism. I conclude that semi-parliamentarism in NSW has been an accidental, unconscious development.     

Japan's Political Leadership Deficit

Analysts have long pondered the question: 'Who rules in Japan?'. Prime Ministers who have exercised strong leadership have been the exception rather than the rule. Despite the widespread acknowledgment that Japan's political leadership deficit undermines the ability of the government to act swiftly in a crisis and to exercise international leadership in trade and foreign policy, a systematic explanation for Japan's weak political executive is yet to be advanced. While historical and cultural factors cannot be ignored, more relevant in a contemporary context are institutional factors that restrict the power of the Prime Minister and the Cabinet. A parliamentary Cabinet system is not incompatible with strong leadership but, in Japan's case, the inability of the political executive to exercise indisputable authority, or indeed, merely to exercise the legitimate prerogatives of Prime Ministerial and Cabinet Office, is directly attributable to the constraints imposed by a collection of informal power structures within the ruling conservative party and by an autonomous central bureaucracy, all of which have held power away from the political executive. Various institutional remedies are currently being pursued to enhance the leadership of the executive branch. They are part of a deliberately engineered shift in power from non-elected bureaucrats to elected politicians. The reforms will also help to diminish the influence of ruling party factions over personnel selections to executive office and the ascendancy of internal policy cliques within party policymaking.     

Parliament in print: William Caxton and the history of political government in the fifteenth century

This article explores the narrative of parliamentary history in fifteenth-century England, specifically as found in the texts William Caxton printed. It investigates Caxton's approach to history and motivation for choosing texts, his translations and vocabulary, his editorial oversight and his audience. As his confidence in his own skill grew, and as he moved from a continental to an English context, his reading of parliaments changed. Initially it corresponded to his French texts, but by the early 1480s he understood the term ‘parliament’ to mean some variation of the contemporary English Parliament. Caxton's later understanding is reflected in the histories he published. This article emphasises the importance of Caxton's historical narratives to Parliament's legitimacy and to political discourse in a time when few parliaments were held.     

The Armada Tapestries in the Old Palace of Westminster

The tapestry series of the ‘Defeat of the Spanish Armada’ was a national artistic treasure which hung in the old Palace of Westminster from the mid 17th century until the fire of 1834. This article outlines the creation of the tapestries in the 1590s and covers the major treatments of them in illustrations of parliamentary interiors and in John Pine's 1739 engravings; it ends with a short account of the curious episode of the tapestry which escaped the conflagration. In the absence of any known historical record of how the tapestries were displayed, suggestions are offered about how many and in what order they hung in the two chambers occupied successively by the house of lords (before and after 1801), and about how they were physically supported on the walls of the Parliament Chamber.     

Cromwell,Parliament, Ireland and a Commonwealth in Crisis: 1652 Revisited*

This article investigates an episode in 1652 which is usually ignored and has never been explained. On 19 May 1652 the Rump Parliament, without forewarning, voted not to renew the office of lord lieutenant and thereby stripped the lord general, Oliver Cromwell of one of his highest and most significant offices. The article seeks to penetrate the wall of silence in the press and in the parliamentary records to see what lay behind this decision, which split the Commons down the middle. It seeks to relate the decision to two very different visions of the settlement to be imposed on Ireland following the rebellion of 1641 and the ‘Cromwellian conquest’ and it suggests that it is likely that the subsequent act of the Rump, which sought the execution of tens of thousands of Irish royalists, the exiling of many tens of thousands more and the herding of almost all of the rest of the catholic population into four counties in the west of England – known to history as the ‘Cromwellian settlement’– was precisely a settlement Cromwell did not want.     

The Archbishop of Canterbury,the Episcopal Bench,and the Passage of the 1911 Parliament Act

The passage of the 1911 Parliament Bill ended the power of the British house of lords to veto any legislation passed by the house of commons. Henceforth, it could only delay the passage of a measure. The bill was carried by a mere 17 votes and friction between Unionists who took up die‐hard opposition, advised abstention, or actively sought to aid passage was bitter. The role which the archbishop of Canterbury played in canvassing the episcopal bench and helping to ensure final passage of the bill has not attracted much attention. Prior to the debate, the archbishop advised abstention but did not dissuade others from encouraging bishops to support the bill to help ensure passage. Before the vote, therefore, ‘die‐hards’ opposing any concession to the government, ‘hedgers’ advising Unionist abstention in the vote, and ‘rats’, Unionists willing to vote for the bill to ensure passage despite personal reservations, attempted to sound out and pressure the bishops in their direction. At the debate, the archbishop changed his mind and decided he must support the bill in order to avoid a greater crisis, and 12 other bishops joined him in the government lobby, helping to create the final majority of 17 by which the measure passed. Consideration of the role of the bishops adds to the understanding of the mechanics by which the bill passed, amidst considerable intrigue, pressure and acrimony, as well as further illuminating the extent and intensity of the divisions within the Unionist party at this critical moment.     

European democracy deferred: de Gaulle and the Dehousse Plan, 1960

Abstract

This article examines the first debate within the European Economic Community (EEC) over democracy following the Treaty of Rome. The treaty called for the newly created European Parliament to draw up a proposal for direct, transnational parliamentary elections. A plan in 1960 led by Fernand Dehousse emerged as the consensus choice. Charles de Gaulle, however, opposed the plan and succeeded in defeating it. We see during the1960 debate over the Dehousse Plan competing interpretations of democracy in European unity that still frame the issue today. At stake was the democratic character of the new EEC as well as the proper role of the public in the uniting of Europe. Should the public vote on matters of European integration via transnational parliamentary elections, national referendums or neither? By analytically reconstructing the key participants’ democratic worldviews, the article contributes to developing a deeper understanding of the debate over direct elections to the European Parliament, a fuller comprehension of the early life of the Treaty of Rome and a sharper realisation of the essential interconnectedness of the development of the EEC and the resumption of national democracy in post-WWII Western Europe.     

Magnate Counsel and Parliament,c.1340–76: The Place of the Lords in the Era of the Commons

The mid 14th century has long been identified as a crucial period in the emergence of the Commons. Its rise fundamentally reconfigured the traditional landscape of representation, in which the magnates embodied the ‘community of the realm’. It is the place of the Commons that has drawn the bulk of scholarly attention. Through a close examination of the surviving Parliament Rolls for the period 1340–76, this article argues that magnate counsel, especially on the interrelated themes of warfare, diplomacy, and supply, remained integral to meetings of parliament in the ‘era of the Commons’. Parliament formed a crucial ‘point of contact’ between the king and a broad political society that actively pushed the practice and performance of noble advice‐giving, in line with common assumptions about the ideal social composition of the king's counsellors.     

Naturalising Subjects,Creating Citizens: Naturalisation Law and the Conditioning of ‘Citizenship’ in Canada, 1881–1914

This article examines the evolution of naturalisation in Canada between the Canadian Naturalization Acts of 1881 and 1914. During this time, the meaning of ‘British subject’ transformed from signifying a permanent allegiance to the sovereign to a status that conferred ‘citizenship’. Despite claims that naturalisation had become more modern, it was largely conditioned by understandings of racial community in the British Empire.     

Did 1979 Make Much Difference? An Alternative View of Select Committee Reform in the 1970s and 1980s*

An emphasis on the distinctive nature and effectiveness of the post-1979 ‘departmental’ select committee system has tended to dominate the academic literature. This article demonstrates that, on the contrary, many of the most important elements of these changes in the parliamentary environment were already in place by the mid 1970s, and, in particular, that MPs were working effectively to challenge government on select committees well before the advent of the departmental committees. It therefore concludes, contrary to the impression given by conventional accounts of the development of select committees, that the 1979 changes should be seen largely as a sensible restructuring; they were not, as has been claimed, the key event in the advance of select committee scrutiny, but, instead, should be regarded as one step in a gradual process of reform and improvement that began in the mid 1960s.     

‘The Best-Laid Schemes o’ Mice an’ Men’? Proposals,Planning, Defeat,and Legacy,of Devolution in the 1970s*

The question of whether devolved assemblies should be established for Scotland and Wales dominated considerable parliamentary time in the 1970s and became a key pillar of the Labour government's legislative agenda after the two 1974 general elections. The main building blocks of the government's devolution proposals for Scotland and Wales were in place from 1975 with the publication of the white paper, Our Changing Democracy, which outlined proposals for a primary lawmaking assembly for Scotland and a Scottish executive, operating under a ‘conferred powers model of devolution’. For Wales, the assembly was to be a body corporate (with no split between executive and assembly) exercising only executive functions and able only to pass secondary legislation. With some important modifications (including crucially the requirement for a referendum, which was then further amended to require a Yes tally equating to 40% of the electorates in both nations), these proposals were eventually incorporated into law as the Scotland and Wales Acts 1978. While the political debates surrounding devolution in this period are well known, less attention has been paid to the practical plans undertaken by the civil service for devolution to become a reality. Considerable time was spent drawing up, from an early stage, detailed preparations for devolution, particularly in Scotland. In Wales, planning was more tentative, yet, none the less, was taken seriously by the Welsh Office. These plans never materialised in the way envisaged, with neither Welsh nor Scottish devolution able to pass the referendum thresholds put in place. However, as this article also demonstrates, both the Scotland and Wales Acts had a constitutional legacy when devolution became reality under New Labour in the late 1990s.     

The Thai Lao – Thailand's largest unrecognized transboundary national ethnicity

In 1900, the Lao ethnonym, and thus the Lao, ‘officially’ disappeared from Siam. However, Lao culture and identity persisted at local, regional, and national levels. As Keyes (1967) discovered, ‘a Northeast Thailand‐based ethno‐regionalism’ emerged post‐World War II. This regionalism, which we re‐term ‘Thai Lao’ and specify to the majority ethnic community, exists in a contested relationship with both ‘Thai’ and ‘Lao’ identity. The survival of the Lao ethnic community's cultural identity occurred despite the best efforts of the Royal Thai Government (RTG) to eradicate aspects of Lao culture. These aspects included Lao language, religion, and history, using the school system, the Lao Buddhist Sangha, and the bureaucracy. Beginning in the 1990s, buoyed by a multitude of factors, the Lao ethnic community reappeared as the ‘Thai Lao’ or ‘Lao Isan’. This reappearance was noted in the RTG's Thailand 2011 Country Report (RTG 2011) to the UN Committee responsible for the International Convention on the Elimination of All Forms of Racial Discrimination. For nearly four decades now, ‘Laoism’ has recurred in Thai academia, the media, the public sphere, popular traditions, and even Lao apocalyptic millenarianism. Following Smith (1986, 1991, 1999), this article utilizes a historical ethno‐symbolist approach to analyse this recurrence.     

What Are Policy Punctuations? Large Changes in the Legislative Agenda of the UK Government, 1911–2008

In this article, we argue that policy punctuations differ from each other in ways that reflect distinct types of political change. We identify three main kinds. The first are procedural changes that have unique unrelated policies within the same issue area. Within the remaining large policy changes, high‐salience punctuations are associated with increased attention in the media, whereas low‐salience punctuations do not attract such scrutiny. The analysis applies the typology to data from the UK Policy Agendas Project, identifying punctuations from the content of Acts of the UK Parliament between 1911 and 2008. Using evidence from the historical record and the data series, the analysis places each observation within the typology. We claim that the typology has a more general application and could be replicated in other jurisdictions and time periods. We conclude that attention to the historical record and qualitative studies of punctuations can complement and inform the analysis of aggregate data series.     

COVID-19, indigenous peoples and tourism: a view from New Zealand

Abstract

The COVID-19 pandemic’s impact is predicted to be long-lasting with intergenerational impacts for both Indigenous and non-Indigenous peoples. Indigenous peoples offer untapped potential for understanding how we are shaping resilient solutions to COVID-19 and similar threats in the future. In New Zealand, the Māori people occupy diverse leadership and occupational roles throughout society. As a result of the 1840 Treaty of Waitangi (Te Tiriti o Waitangi) they are recognised, through Acts of Parliament, as government partners who work in governance and planning processes, including the COVID-19 response. Such recognition can result in the inclusion of Māori values such as whanaungatanga (kinship and belonging), kaitiakitanga (environmental guardianship and responsibility) and manaakitanga (respect, care, and hospitality) within policy and Acts of Parliament. Māori leaders and spokespeople are stressing that environmental and social welfare needs of all communities should be prioritised as part of the COVID-19 solution and that tourism responses cannot be separated from social needs. Government responses and planning efforts that incorporate diverse cultural values ensure more equitable futures and positive experiences for tourism providers, travellers and the hosts. In this way Indigenous-informed approaches would positively contribute to transforming business, health and education for a more positive global society.