Direct democracy and minority rights: same-sex marriage bans in the U.S

Objectives. A common critique of direct democracy posits that minority rights are endangered by citizen legislative institutions. By allowing citizens to directly create public policy, these institutions avoid the filtering mechanisms of representative democracy that provide a check on the power of the majority. Empirical research, however, has produced conflicting results that leave the question of direct democracy's effect on minority rights open to debate. This article seeks to empirically test this critique using a comparative, dynamic approach.Methods. I examine the diffusion of same-sex marriage bans in the United States using event-history analysis, comparing direct-democracy states to non-direct-democracy states.Results. The results show that direct-democracy states are significantly more likely than other states to adopt same-sex marriage bans.Conclusion. The findings support the majoritarian critique of direct democracy, suggesting that the rights of minority groups are at relatively higher risk under systems with direct democracy.     

Legislating morality outside of the legislature: Direct democracy,voter participation and morality politics

Twenty-four states currently use some form of the initiative and referendum in an effort to give Americans the opportunity to make laws directly and vote on proposals given to them by their state legislatures. In one area in particular, morality policy, voters have historically used the ballot box to craft important and often controversial legislation. These have included items concerning gambling, alcohol, abortion, narcotics, obscenity and religion. This research examines two important aspects of the direct democracy issue: does the initiative and referendum increase voter participation in the states giving this option to voters and what is the impact on participation levels when morality issues are considered? For the first question a unique data set is developed to test voter turnout on ballot issues using the state as the unit of analysis. Results of this ordinary-least-squares analysis suggest direct democracy does increase voter turnout rates. In the second part of the analysis, however, several state ballots from 1972 to 2006 are analyzed suggesting that voter interest is strongest when they face morality issues. Hence, ‘legislating morality’ takes on a new meaning here since we commonly associate the phrase only with legislative institutions. As shown, over time citizens have been legislating morality directly in their own unique way. Theoretically, while advocates of direct democracy contend the process increases voter participation, it is argued here that the participation is often skewed toward certain morality issues and not toward issues as a whole. The data support this contention and raise normative questions concerning voters and their propensity to ‘legislate morality’.     

Party and Personal Preference in Post‐Soviet Legislatures*

Objective. Initial studies of post‐Soviet legislative behavior have concluded that parties can affect legislative behavior; however, the methods used by these studies failed to distinguish between the effects of party and personal preferences. Evidence of party effects would be surprising given not only the perceived weaknesses of post‐Soviet political parties, but also the debate on the existence of party effects in the U.S. Congress literature. Methods. The data are electronically recorded roll‐call data from both the Ukrainian Rada and Russian Duma. I employ an OLS residualization technique to construct deputy preference measures. Then, I use multivariate analysis (tobit) to measure the impact of deputy preference and partisanship on support for government legislation. Results. In both the Rada and Duma, party and personal preferences impacted deputy voting behavior. Conclusion. Parties are an important determinant of legislative behavior, even in weak party systems of post‐Soviet Ukraine and Russia.     

The responsiveness of state legislatures and their agenda concerning gay, lesbian, bisexual and transgender interests

Republicanism, as opposed to direct democracy, has been theorized to protect minority rights. Direct democracy with its majority rule is unlikely to serve the interests of minorities particularly if their interests are perceived to conflict with the majority's interests. However, Republican Institutions vary in features that affect their responsiveness to majoritarian preferences. This article examines whether specific legislative features associated with responsiveness (majoritarian participation, constituent ties and professionalism) affect the gay, lesbian, bisexual and transgender (GLBT) agenda in state legislatures. The findings suggest that the importance of these features is dependent on the ideological leanings of the state. The findings also suggest that some features expand both pro- and anti-GLBT agendas, and the effects of professionalism are ambiguous.     

Testing old theories in new surroundings: The timing of first social security laws in Africa

This article examines the timing of the introduction of four major social security programmes — work accident insurance, sickness benefits, pensions, and family allowances — in 43 African countries. Further, it explores whether legislative structure, dominant religion or the colonial past of the country is of importance when we control for year of independence, prosperity, degree of democracy, government stability, industrialization and the size and ethnic homogeneity of the population. On the basis of Cox hazard rate modelling it is concluded that industrialized, homogeneous and rather populous countries that were under French rule tend to be pioneers in African social security legislation.     

District Segregation,Race Legislation,and Black Enrollment in Charter Schools*

Objective. This article examines how segregation at the school level within districts and charter school legislation predict black enrollment levels at local charter schools. Methods. This study uses the Schools and Staffing Survey Charter School Data 1999–2000, Common Core of Data, and a unique data set of district test scores to estimate OLS regression models of black enrollment in charter schools on district racial segregation and race provisions in charter school legislation. Results. Findings suggest that segregated school districts, those districts where whites and blacks are more unevenly distributed among schools, have a larger percentage of blacks enrolled in local charter schools than districts where schools are integrated. In addition, charter schools in states that do not have a racial clause have a smaller percent of blacks in their charter schools. Conclusion. Findings suggest that black enrollment in charter schools is a function of district segregation and state policy.     

我国公民媒介素养教育的建构与培养

大众媒介在加强社会主义民主建设和提高公民道德素质方面,起着非常重要的积极作用。然而,当媒介普及的速度超过公众的媒介素养储备的时候,媒介也会对社会产生一定的负面影响,适应新形式传媒对公民的媒介素养提出了更高的要求。媒介素养是我国教育现代化的一个重要方面。借鉴国外的成功做法,结合我国的实际,培养公民辨别媒介传播内容的能力和健康的媒介批评能力,使其能充分利用媒介资源完善自我,参与社会发展,同时监督和改善传媒,做个既有责任心又有批判能力的公民就显得非常重要。     

Race and Redistricting: What the Print Media Conveys to the Public about the Role of Race

In a series of voting rights cases, the U.S. Supreme Court held that race-based redistricting, particularly the intentional formation of majority–minority districts (districts in which voters of color constitute a majority of eligible voters) may be unconstitutional if race was the predominant factor in the formation of the district. The Court stated that "redistricting legislation that is so bizarre on its face that it is unexplainable on grounds other than race" may violate the Constitution because of the messages such districts send to the public ( Shaw v. Reno , 1993 ). Yet neither the Court nor social scientists have examined whether the existence of race-conscious majority–minority districts sends messages to voters and what the nature of these messages may be. This research begins to address this scientific issue. In a quantitative content analysis, we examined messages about racial redistricting conveyed to citizens via the print media. Our sample consisted of 355 newspaper articles about redistricting included in the Lexis–Nexis database between 1990 and 2005. We found that newspaper coverage of racial districting contains messages to citizens about the motives involved in redistricting, the individuals and groups who are responsible for it, and its actual and expected effects. This finding is consistent with the Supreme Court's assumption that districts, particularly bizarrely shaped ones, convey distinct messages to voters. The specific messages communicated varied in important ways across the articles. Newspapers in states subject to Section 5 of the Voting Rights Act because of their history of discrimination against voters of color covered racial redistricting differently than states not subject to Section 5. We discuss the legal and theoretical implications of these findings for understanding the role of race in legislative redistricting efforts.     

Exploring voting behavior on American Indian legislation in the United States Congress

Using roll call data from 1970 to 2000, this study explores the impacts of partisanship, regionalism, and Indian constituency on congressional pro-Indian voting in the U.S. House and Senate. This study incorporates and tests a new measure of constituency by accounting for the presence of a federally recognized tribe within congressional districts. The presence of an Indian nation has a positive effect on the voting behavior of elected officials concerning American Indian legislation, with a significant relationship observed between pro-Indian voting and congressional districts with Indian tribes. The results also suggest a strong partisan influence on the likelihood of voting with the pro-Indian position in both the House and the Senate, but with notable differences between the two chambers. Finally, partisan voting on Indian legislation intensified from the 1970s to the late 1990s, which led to more contentious voting patterns on Indian affairs in the legislative branch over time.     

寻求民主发展与公民参与的统一——一种参与式民主的进路

寻求民主发展和公民参与的统一是现代民主理论必须面对的一个重大问题。在当代西方精英主义民主理论中,更多强调的是公民参与和民主发展的矛盾和对立。而参与式民主理论从个体、共同体、国家三个层面对民主的内涵进行了重构,突出了公民参与的教育、整合和制约功能。通过在地方事务、社会团体和公共领域中的公民积极参与,从而实现民主发展和公民参与的统一。本文描述了这种参与式民主的进路,为中国民主的发展提供另一个可资借鉴的视域。     

信息能力与压力型立法(英文)

基于媒体话语的压力型立法是立法者信息能力不足的产物。如果立法者的信息能力不能有效应对现代法律规制活动的知识挑战,那么将无法抵御媒体话语过度渗透,导致立法与媒体之间的关联过于紧密,形成一旦媒体热议、立法就积极跟进的压力型立法现象。法律制度是具有恒常性的规则,而压力型立法往往失却应有的冷静、客观、慎重与全面,展现出背离理性立法的内在机理的决策特点,引发一系列既不公平、也无效率的再分配效应。压力型立法凸显了信息在公共政策选择和制度设计中的重要性,应当实施立法绩效评估制度,以此为立法者重塑信息能力提供充分的激励,确保立法的科学性与合理性。     

论行政立法的公众参与机制

行政立法是19世纪以来西方国家为适应社会需要而发展起来的行政主体立法制度,为有效控制行政立法,美国确立了较完善的行政立法公众参与制度。目前,中国行政立法大量激增,但公众参与制度尚未真正建立起来,行政立法中公众参与的缺失产生了许多负面影响,因而有必要建立和完善我国行政立法的公众参与机制。行政立法公众参与机制应遵循行政立法主体主导、公众参与有效、可行、适当超前的原则。在具体制度建构上应赋予公众立法动议权,立法草案一般应经过通告、评议法定程序,立法案正式表决前可交付一定范围内公众先行表决以供立法主体参考,立法过程中公众参与情况应于立法案通过后予以公布。     

论《强制执行法》的单独制定

在民事诉讼法框架体系内建构强制执行程序,与审执分立理论不符。单独制定《强制执行法》源于完备的理论基础和丰富的实践经验,加之强制执行制度的单独立法已经成为国际趋势,我国制定《强制执行法》的时机已经成熟。制定《强制执行法》需要科学界定法的名称、合理定位立法目的以及妥当选择立法构造。     

Mobilized by Direct Democracy: Short‐Term Versus Long‐Term Effects and the Geography of Turnout in Ballot Measure Elections*

Objectives. A number of recent studies find that direct democracy increases voter turnout. In this article, we ask: Who does direct democracy mobilize to vote and how are they mobilized? We distinguish between long‐term and short‐term effects on voter turnout, noting that much of the current literature has focused on participatory theory. Methods. Our research design harnesses the power of geographic information systems and examines turnout in special initiative‐only elections using registered voter lists. Our model draws on individual and Census tract data, incorporated using a hierarchical generalized linear model. Results. The findings demonstrate how partisan context mitigates the potential for direct democracy to mobilize from the middle, and clarifies the dominance of short‐term as opposed to long‐term effects in increasing voter participation in ballot initiative elections. Conclusion. Mobilization via direct legislation occurs mostly because voters are actively mobilized by partisan campaigns, not because of an increase in participatory fervor.     

Innovating in Digital Government in the American States

Objective. The purpose of this research is to examine why some states have embraced digital government more extensively than others. Methods. Multivariate regression analysis is used to empirically test explanations for state innovation in e–government. The primary dependent variable is the percent of state–level government websites offering online services to citizens. Results. Republican–controlled legislatures are more likely to embrace e–government, implying that efficiency concerns may drive reliance on digital government. Innovators in e–government were states with fewer households with Internet access and less use of the initiative process, indicating that citizen demand was not a factor. More extensive use of e–government is also associated with legislative professionalization and professional networks—factors that may be useful for explaining the diffusion of other administrative reforms, and technical issues lacking political salience.
Conclusions. These data suggest e–government implementation is driven by legislative professionalism and, to a lesser extent, state professional networks, rather than citizen demand. These indicators fit Lowi's (1972) conception of "constituent policy" as a top–down process, confined to administrative or legislative circles, compared to distributive, regulatory, and redistributive policy. We hypothesize that other administrative reforms, particularly those lacking political salience, may exhibit similar relationships with legislative professionalization and professional networks.     

借鉴与超越:我国社会救助立法模式的路径选择

建构一个内容全面、制定科学、标准合理的社会救助法律体系是是我国构建和谐社会的重要环节。境外各国或地区的实践已经证明,社会救助立法是建构社会救助体系、维护受救助主体权利诉求以及法制建设的共同需要。这些立法的路径可以大致归纳为综合立法、专业立法、分散立法和混合立法四种模式。在对境外立法模式的比较、借鉴并考虑到目前影响我国社会救助立法的各种因素。建议采取分阶段立法,短期内制定相关的行政法规,再专门制定《社会救助法》,最后制定统领社会保障体系的《社会保障法》。     

Prisoner Disenfranchisement Policy: A Threat to Democracy?

The right to vote is one of the fundamental principles of democracy. However, full suffrage of the adult population has not been realized in many present-day democracies. Internationally, millions of prisoners (and ex-offenders in some nations) are disenfranchised. Being excluded from the civic process is a threat to democracy. In this article, I argue that removing a prisoner's right to vote can lead to inequality and injustice that is counter to democratic ideals. By contrast, enfranchisement of prisoners can promote their rehabilitation and social reintegration, and can have a real impact on the political climate of a nation. I also discuss the arguments for and against prisoner disenfranchisement, explore public opinion on this issue, and track recent legislative changes to disenfranchisement policy internationally. Areas for future psychological inquiry are highlighted.     

Beliefs about Deliberation: Personal and Normative Dimensions

Democratic deliberative theory has long emphasized the importance of citizen deliberation as a form of political participation and a centrally important component of any vital democracy. Public deliberation and discourse among citizens has been less frequently investigated as a form of political participation than more standard indicators such as voting or volunteering for political organizations. This research examines the extent to which internalized beliefs about deliberation are associated with deliberation outcome measures among a national sample of high school students participating in a year-long deliberation forum, Project 540. Using a multilevel analysis, the research specifically tested the extent to which scales of personal and normative deliberation beliefs, independently and moderated by Project 540 participation, predict key deliberative outcomes (e.g., civic skills, intention to participate in civic affairs). We find that predeliberation endorsement of both personal and normative beliefs predicts increases in certain positive deliberative outcomes, and that these effects are not moderated by participation in Project 540. The implications of these findings for deliberative democracy theory and for developing effective citizen deliberation forums are discussed .     

Institutional and District‐Level Sources of Competition in State Legislative Elections*

Objectives. What are the sources of partisan competition in state legislative elections? Specifically, what impact do institutional features have relative to district‐level conditions on competition between party nominees? Methods. Using data from 30 states in 1994 and 1996, a range of factors are examined to determine their influence on both the likelihood that a race is contested and the degree of competition that results. Results. Multiple regression analyses indicate that a district's characteristics, measured as social and partisan diversity, have a strong and durable influence on elections. Contested elections are more likely and competition levels are higher in districts with heterogeneous populations. Institutional characteristics such as legislative professionalism also have a large influence, although the direction of their impact varies by stage of the electoral process examined. For example, professionalism increases the likelihood that an election is contested, but leads to a lower level of competition between opposing candidates. Conclusions. District‐level conditions have a large influence on competition; however, incentives created by institutional features are also critical for understanding the competitiveness of state legislative elections.     

立法价值效益优先论

立法价值是指立法能够满足社会主体的需要和利益的属性 ,它本身是一种多重的体系。其本质及其意义都内在地表征了效益的价值目标。在我国现阶段的立法中 ,应把立法的效益价值放在优先的地位。立法效益价值的实质在于立法是一种稀缺的资源 ,它本身要耗费一定的成本并且以取得立法收益为目的。要实现立法的效益价值需要确立立法效益价值观、优化配置各种立法资源并要考虑社会对立法的接受能力