Search

Copyright of Revista Jurídica de Castilla y León is the property of Junta de Castilla y Leon, Direccion de Servicios Juridicos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Likely to outlive their typically older husbands, Florentine widows’ fate and that of their property were of abiding concern to husbands and their heirs. Widows’ dowries especially represented a “debt” for the husbands, which came due on the dissolution of marriage. A debt, however, in Florence and elsewhere, existed on the basis of trust, which for dowry arose at the point it was pledged by a woman’s father or other kin. The legal maneuvers of one Florentine widow, Monna Vaggia, and the reactions of learned jurists to the problems she raised, show that such trust might be taken to persist into widowhood, as her husband sought in his testament to keep her and her dowry at the service of his heirs and his family in general. [ABSTRACT FROM AUTHOR]

This article examines an understudied topic: after imperial political sovereignty has ended, how does the empire's infrastructural power physically disintegrate along national lines. By tracing the breakup of the Soviet military establishment from 1992 to 1993, this article shows that physical dissolution is a multifaceted process that cannot be equated with political termination of an empire. Drawing on the Russian military newspaper Krasnaya Zvezda over 1992 and 1993, I identify three ways by which successor states exited the Soviet military system: (1) quitting, withdrawing from the Soviet military and establishing a national military from scratch; (2) partitioning, seizing the Soviet military's manpower and assets to establish a national military; (3) staying, maintaining a unified federative military opposed to the idea of developing national militaries. The tracing of these three paths shows that this trifurcation stemmed from the complicated combination of four factors of successor states: the existing capacity to maintain a national military, the security situation at the moment of independence, the expected availability of foreign aids, and the professional backgrounds of nationalist elites. This article concludes that physical disintegration is a process largely distinct from the political termination of empire, and therefore, ought to be carved out as a research area of empire study. [ABSTRACT FROM AUTHOR]

There is striking variation across parliamentary democracies in the power of prime ministers to employ two prominent procedures to resolve legislative conflict: the vote of confidence and the dissolution of parliament. Whereas previous contributions in comparative politics have investigated each of these two fundamental institutions in isolation, I develop a simple unified model to unbundle how this richer variety of institutional configurations shapes political bargaining over policy. The analysis clarifies that the effects of the confidence vote and dissolution power interact. As a consequence, there can be a non-monotonic effect of increasing prime ministers' formal power on their ability to shape the policy compromise. Counterintuitively, introducing dissolution power makes the prime minister worse off under some conditions. These results suggest new directions for empirical research on the consequences of parliamentary institutions for legislative politics and policy. They also lay analytical foundations for explaining institutional variation and reforms. [ABSTRACT FROM AUTHOR]

Existing scholarship offers few answers to fundamental questions about the mortality of political parties in established party systems. Linking party research to the organization literature, we conceptualize two types of party death, dissolution and merger, reflecting distinct theoretical rationales. They underpin a new framework on party organizational mortality theorizing three sets of factors: those shaping mortality generally and those shaping dissolution or merger death exclusively. We test this framework on a new data set covering the complete life cycles of 184 parties that entered 21 consolidated party systems over the last five decades, resorting to multilevel competing risks models to estimate the impact of party and country characteristics on the hazards of both types of death. Our findings not only show that dissolution and merger death are driven by distinct factors, but also that they represent separate logics not intrinsically related at either the party or systemic level. [ABSTRACT FROM AUTHOR]

In the years leading up to the dissolution of absolute monarchy in Nepal in 1990, resistance to political authority proceeded fitfully. Opposition to the crown gained momentum after the involvement of the professional middle class. Using Max Weber's theory on legitimate power and class, this paper analyzes the erosion of the legitimacy of absolute monarchy, the ascendancy of the professional middle class, and how one event, a peaceful forum that ended in mass arrest, created momentum for the People's Movement by transforming the political subjectivity of the professional middle class, who, in turn, helped catalyze opposition to absolute rule. [ABSTRACT FROM AUTHOR]

Copyright of Quebec Studies is the property of Liverpool University Press / Journals and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Chapter 2 of the book “Parliamentary History" is presented. It explores the role of parliamentary politics in 16th century in Great Britain and its impact on Englishmen. It discusses the role of Henry VIII of England in British politics and prorogation of parliament and the dissolution of the parliament of 1539. Also discussed is the enlargement of the House of Commons following Henry VIII's accession. The article talks about the social backgrounds of Parliament members and knighthoods.

This paper examines the impact of constitutional rules on parliamentary dissolution, government termination and duration with a particular focus on the likely effects of UK’s Fixed-term Parliament’s Act (2011). In the UK debate, expectations about the Act diverge. This article evaluates the plausibility of these contrasting views by combining evidence from a comparative analysis of European cabinets with a counterfactual analysis of the Act’s effect on the strategies of UK politicians. The evidence from both analyses indicates that fixing the term of parliament is likely to render parliaments more stable, but may also have the unanticipated effect of making governments more vulnerable to failure and replacement. [ABSTRACT FROM AUTHOR]

The debate over “political opportunity structure” has been a central issue in the contemporary social movement study. This article seeks to move beyond the structure/agency dispute by looking at how social movements make an opportunity by transforming an initially unfavorable political structure. I analyze Taiwan’s environmentalism, particularly the anti-Kuokuang Petrochemical Park movement (2005–2011) and the post-Fukushima antinuclear movement (2011–2014), to understand the process in which hostile or indifferent political elites were converted into a pro-environmental stand. I use the term strategic bipartisanship to identify the effort to build the nexus to mainstream parties while maintaining the façade of neutrality, which was made possible because of the dissolution of the previously tight movement-party nexus that allowed activists to leverage party competition to their own advantage. [ABSTRACT FROM AUTHOR]

By an opinion issued on 21 September 1993, the Constitutional Court of the Russian Federation declared unconstitutional Decree no. 1400 whereby Boris Yeltsin pronounced the dissolution of the Russian Parliament and declared that the President's acts justified his dismissal. This bold 9-4 decision deeply divided the judges. An analysis of the stenographic documents shows that both sides presented arguments based on a combination of legal and political considerations. Following this decision, the Court came near to being dissolved when Yeltsin suspended its activities in October 1993. The conference for drafting a new constitution dwelled on the possibility of not recreating a full-fledged constitutional tribunal. The Constitutional Court survived but with limited powers and at the price of a reinforcement of the executive’s role in choosing its judges. This explains, at least partly, why the new court has, since its institution in 1995, been very cautious on all questions having, from nigh or far, to do with the president of the Russian Federation. [ABSTRACT FROM AUTHOR]

This study explores the effect of opportunistic election timing on the incumbent's electoral performance. While the existing literature leads to contradictory predictions about the ability of incumbent governments to benefit from strategically timed elections. We advance the theoretical debate by presenting the first cross-national comparative analysis of this question, drawing on an original data set of 318 parliamentary elections in 27 Eastern and Western European countries. In order to identify the effect of opportunistic election calling, we rely on instrumental variable regression. The results demonstrate that opportunistic election calling generates a vote share bonus for the incumbent of about 5 percentage points and is thereby likely to affect electoral accountability. [ABSTRACT FROM AUTHOR]

The article reports on politics of Australia with introduction of coalition government through the federal election of 2016. Topics discussed include information on 2 July, 2016 elections that leads to the Liberal/National Coalition under leadership of prime minister Malcolm Turnbull; involvement of Turnbull for double dissolution for passing the Fair Work; appointment of Christopher Pyne as Minister for Defence Industry and association of Scott Ryan as Special Minister of State.

The Recognition of Customary Marriages Act has been a welcome legislative effort to remedy the vulnerabilities experienced by women in the dissolution of their customary marriages. Through an analysis of research findings, this article contributes to the debate about the achievement of the Act’s objectives. We argue that the Act is falling short in fulfilling its objectives, owing to the shortcomings within South Africa’s system of customary and state dispute resolution forums. Our findings demonstrate that both customary and state dispute resolution forums were under-utilised by couples who experienced the dissolution of their customary marriages. The lack of financial resources, information and power has arguably limited women’s access to state courts upon marital breakdown. Moreover, research participants did not perceive traditional courts as appropriate forums for the resolution of certain customary marriage disputes. We argue that these shortcomings prevent the Act’s application to customary marriage breakdowns. Furthermore, given that the Act is applied in divorce proceedings in state courts to ensure equitable outcomes upon marriage dissolution, the article questions whether state support is provided to couples at too late a point in their marital breakdown. By addressing the above-mentioned shortcomings and providing state support to couples at an earlier point in marital breakdown, the objectives of the Act stand a better chance of being achieved. [ABSTRACT FROM PUBLISHER]

The article presents a report regarding the Australia budget and double dissolution election as of April 2016. It discusses the release of the Coalition Government's ‘jobs and growth' budget by Treasurer Scott Morrison on May 3, 2016. It also mentions that Governor-General Peter Cosgrove offered advice on to dissolve both Houses of Parliament with an election scheduled for July 2, 2016.

This article discusses the dissolution of the Peruvian Parliament as promulgated in the Constitution of 1979. The author comments on the establishment of the regulations associated with the Parliament of Peru in both the Constitution of 1979 and of 1993. The political evolution in Peru during this time period, including changes in the power of the president, is also examined.

Chief executives in many parliamentary democracies have the power to dissolve the legislature. Despite a well-developed literature on the endogenous timing of parliamentary elections, political scientists know remarkably little about the strategic use of dissolution power to influence policymaking. To address this gap, we propose and empirically evaluate a theoretical model of legislative bargaining in the shadow of executive dissolution power. The model implies that the chief executive's public support and legislative strength, as well as the time until the next constitutionally mandated election, are important determinants of the use and effectiveness of dissolution threats in policymaking. Analyzing an original time-series data set from a multiparty parliamentary democracy, we find evidence in line with key empirical implications of the model. [ABSTRACT FROM AUTHOR]

An essay is presented on the impact of World War I on the development of private law in Austria. Topics discussed in the essay include dissolution of the Austrian parliament before the declaration of war in 1914, the Austrian General Civil Code and the Austrian part of the Habsburg monarchy, and amendments to the Austrian Civil Code. Also mentioned are inheritance laws in wartime, and war associations and central agencies that procured raw materials for industrial plants.

The article focuses on the reserve powers exercised in Victoria, Australia during the period 1912-1955. Topics discussed include the reserve powers exercised during the political struggles of the first half of the twentieth century in Victoria, the history of the formation of the first Labor Government in Victoria in 1913, and the history of the betrayal between political parties in Victoria. It also mentions the dissolution of the government.

The article explores the political history of Manitoba and the creation, existence, and abolition of the Legislative Council. The author reflects on parliamentary structure and provisions in the Manitoba Act for an upper house in the bicameral legislature of the provincial government. Topics also include assimilation of the French-speaking population, minority rights, and reduction of governmental expenditure.

The author points out that the list of rights and duties ensuing from the functioning and dissolution of the Deputy's office, transferred to the Marshal of the Sejm may include a duty to redress the damage, if that duty arises "in connection with" - and not only "as a side affect" of - the functioning of the Deputy's office. According to the author, the provision of Article 23 para. 10a of the Act does not limit the amount of obligations of the deceased Deputy that are accepted by the Marshal of the Sejm. If the duty to redress the damage has arisen in the course of running the office after the death of the Deputy, the Marshal of the Sejm is liable for the entire damage including compensation for a real injury and for lost benefits. Nevertheless, the author points out that the damage caused by his action (e.g. causing a road accident) are not connected with the running of the Deputy's office and, therefore, the Marshal of the Sejm is not liable for them. [ABSTRACT FROM AUTHOR]

The author reflects on reasons why governance checklists fail to work and how the rule of law can be abused by political parties to remain in power. She talks about a historic failure in constitutional design with the German Weimar Constitution which allowed the president to dissolve a deadlocked parliament and then declare a state of emergency. She mentions the Hungarian government led by Prime Minister Viktor Orbán and the Fidesz political party and its abuse of rule of law in amendments.

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Constitutional systems of Westminster heritage are increasingly moving towards fixed-term parliaments to, amongst other things, prevent the Premier or Prime Minister opportunistically calling a 'snap election'. Amongst the Australian states, qualified fixed-term parliaments currently exist in New South Wales, South Australia and Victoria. Queensland, Tasmania and Western Australia have also deliberated over whether to establish similar fixed-term parliaments. However, manner and form provisions in those states' constitutions entrench the Parliament's duration, Governor's Office and dissolution power. In Western Australia and Queensland, unlike Tasmania, such provisions are doubly entrenched. This article considers whether these entrenching provisions present legal obstacles to constitutional amendments establishing fixed-term parliaments in those two states. This involves examining whether laws fixing parliamentary terms fall within section 6 of the Australia Acts 1986 (Cth) & (UK). The article concludes by examining recent amendments to the Electoral Act 1907 (WA) designed to enable fixed election dates in Western Australia without requiring a successful referendum. [ABSTRACT FROM AUTHOR]

The article discusses the duration and dissolution of cabinets in presidential democracies in Latin America in relation to the dissolution of cabinets in parliamentary systems. Topics include political polarization of cabinets in relation to political parties, the impacts of economic crises on cabinet dissolution, and the effects of electoral volatility on cabinets. It is said that the improvement of a nation's economy tends to lend stability to a cabinet, while economic crises do not create the results predicted by stochastic event theories.

The Fixed-term Parliaments Act 2011 came into force on 15 September 2011. The Act introduces a new way of dissolving Parliament, replacing the prerogative power of the Monarch to dissolve the House of Commons. Under the provisions of the Act, the House's future terms are fixed to five years. Early general elections may be held when either of the following conditions is met. First, if a motion for an early general election is agreed either by at least two-thirds of the whole House (including vacant seats). Second, if a motion of no confidence is passed and no alternative government is confirmed by the Commons within 14 days by means of a confidence motion. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Supreme Court in 1911, on the occasion of the first major test of the Sherman Act, ordered the dissolution of the Standard Oil Trust. In his 1958 paper John McGee argued that predatory pricing is, in general, irrational and, relying solely on the information in the Trial Record related to that decision, concluded that Standard Oil did not engage in predatory pricing. His paper has had an extraordinary influence on both antitrust policy in the United States and economic lore. This paper documents the breadth and scope of the influence of McGee's paper and offers several possible explanations for it. We suggest four reasons: (1) the lack of a theoretical challenge for 25 years, (2) the failure of scholars to replicate McGee's empirical findings, (3) the unique status of the Standard Oil case in the history of American antitrust and (4) the influence of the Chicago School on economic and legal thinking. [ABSTRACT FROM AUTHOR]

In September 2009, the Constitutional Court of the Czech Republic blocked the early dissolution of the lower house of the national legislature, as it had not taken place in the set of circumstances envisioned by the 1992 Czech Constitution. Instead, it had taken place by a special ad hoc constitutional amendment to shorten the normal term of office. The Court ruled that this amendment, although enacted in the correct procedure, violated core values of the Constitution. This article provides a full background to the case, analysis of the arguments developed by the petitioner, the court's reasoning, the impact of the decision and comparison with similar rulings by the high courts in other countries. [ABSTRACT FROM AUTHOR]

The article presents notices of corporate dissolution in the U.S. It includes Woodruff Sweitzer Retail, LLC requests that all the persons and organizations with claims must claim it immediately, Lafayette Woodworking Co. Inc. filed the Articles of Voluntary Dissolution, and Icehouse Properties LLC filed a notice of winding up. It also mentions the EMC Employee Foundation non-profit organization has been dissolved on filing the articles of voluntary dissolution.

This paper examines the often-ignored prorogation of 1873, the evolution of the governor general's reserve power over time, and the fundamental differences between dissolution and prorogation. It concludes that the Macdonald-Dufferin prorogation of 1873 serves as the relevant case for the Harper-Jean prorogation of 2008, rather than the oft-cited King-Byng Affair of 1926, and that the governor general's reserve power does not apply to prorogation. [ABSTRACT FROM AUTHOR]

Within the historical process, Armenia has experienced a rather difficult and troubled Constitutional transition process. Since the first attempt of independence in 1918-1920 has been short lived, Armenia has not adopted a Constitution during this period. After all, it is highly difficult to prepare and implement a Constitution within such a short time frame. Gaining its independence in 1991 with the dissolution of the Soviet Union, Armenia has prepared a Constitution twice in 1991 and 2005. In the following article, the preparation process and content of these constitutions will be addressed. [ABSTRACT FROM AUTHOR]

The article presents the review of the political system of Papua New Guinea. It notes that the government of Prime Minister Michael Somare plans to complete its full second term in Parliament if there will be no allegiance shift and that a no confidence vote does not dissolve the government. Somare announced that he will not resign from his office. It points out that his government continued to fare well in spite of its 2008 scandals.

The article presents an exploration into the events and consequences of the dispersal of the free-state legislature of Topeka, Kansas on July 4, 1856 by U.S. Army Colonel Edwin Vose Sumner. Introductory comments are given noting the event's association to the start of the political conflicts known as "Bleeding Kansas." Subjects addressed regarding the dispersal include discussing the validity of Sumner's legal jurisdiction in exercising "posse comitatus" or public power with military troops, the criticism leveled against Sumner by U.S. Secretary of War Jefferson Davis, and an overview of the actual logistics of the events.