Secrecy and Publicity in Votes and Debates


Book Description

In the spirit of Jeremy Bentham's 'Political Tactics', this volume offers the first comprehensive discussion of the effects of secrecy and publicity on debates and votes in committees and assemblies. The contributors - sociologists, political scientists, historians, legal scholars - consider the micro-technology of voting (the devil is in the detail), the historical relations between the secret ballot and universal suffrage, the use and abolition of secret voting in parliamentary decisions, and the sometimes perverse effects of the drive for greater openness and transparency in public affairs. The authors also discuss the normative questions of secret versus public voting in national elections and of optimal mixes of secrecy and publicity, as well as the opportunities for strategic behavior created by different voting systems.




Secrecy and Publicity in Votes and Debates


Book Description

Offers the first comprehensive discussion of the effects of secrecy and publicity on debates and votes in committees and assemblies.




Secrecy and Publicity in Votes and Debates


Book Description

In the spirit of Jeremy Bentham's Political Tactics, this volume offers the first comprehensive discussion of the effects of secrecy and publicity on debates and votes in committees and assemblies. The contributors - sociologists, political scientists, historians, and legal scholars - consider the micro-technology of voting (the devil is in the detail), the historical relations between the secret ballot and universal suffrage, the use and abolition of secret voting in parliamentary decisions, and the sometimes perverse effects of the drive for greater openness and transparency in public affairs. The authors also discuss the normative questions of secret versus public voting in national elections and of optimal mixes of secrecy and publicity, as well as the opportunities for strategic behavior created by different voting systems. Together with two previous volumes on Collective Wisdom (Cambrige, 2012) and Majority Decisions (Cambridge, 2014), the book sets a new standard for interdisciplinary work on collective decision-making.




Securities Against Misrule


Book Description

It is often argued that democratic institutions should be designed to produce good outcomes, assuming that we know what good outcomes are and which institutions will track them. This book denies both assumptions. The idea of the general interest is ill-defined and our understanding of social causality is fragile. Instead, one should reduce as much as possible the impact of self-interest, passion, prejudice, and bias on the decision makers, and then let the chips fall where they may. In addition to making novel theoretical proposals, this book discusses a welter of case studies and historical episodes.




Should Secret Voting Be Mandatory?


Book Description

The secrecy of the ballot, a crucial basic element of representative democracy, is under threat. Attempts to make voting more convenient in the face of declining turnout – and the rise of the “ballot selfie” – are making it harder to guarantee secrecy. Leading scholars James Johnson and Susan Orr go back to basics to analyze the fundamental issues surrounding the secret ballot, showing how secrecy works to protect voters from coercion and bribery. They argue, however, that this protection was always incomplete: faced with effective ballot secrecy, powerful actors turned to manipulating turnout – buying presence or absence at the polls – to obtain their electoral goals. The authors proceed to show how making both voting and voting in secret mandatory would foreclose both undue influence and turnout manipulation. This would enhance freedom for voters by liberating them from coercion or bribery in their choice of both whether and how to vote. This thought-provoking and insightful text will be invaluable for students and scholars of democratic theory, elections and voting, and political behavior.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Supermajority Voting in Constitutional Courts


Book Description

This book challenges the wide use of majority rule in many constitutional courts for declaring statutes unconstitutional and argues that these courts should rather perform constitutional review by using supermajority rules. Considering that constitutional courts often tackle hard moral issues, it is questionable whether a bare majority of judges should suffice for settling them, especially considering these courts’ counter-majoritarian nature. Further, the wide use of majority rule for checking the constitutionality of legislation may increasingly risk their reputation. Such a concern is developing in the United States following a series of Supreme Court decisions. This book argues that majority rule is unjustified in constitutional review. This means that, in constitutional review, considering majority rule’s traits, there are no decisive reasons for using this voting rule over other voting rules. Additionally, the book argues that, when checking the constitutionality of legislation, constitutional courts should replace majority rule with supermajority rules. Thus, for declaring statutes unconstitutional, it is argued that more than 50% of the judges present plus one judge present should be needed. This book will be of interest to academics, researchers, and policy-makers working in the areas of Constitutional Law and Politics.




Compulsory Voting


Book Description

In many democracies, voter turnout is low and getting lower. If the people choose not to govern themselves, should they be forced to do so? For Jason Brennan, compulsory voting is unjust and a petty violation of citizens' liberty. The median non-voter is less informed and rational, as well as more biased, than the median voter. According to Lisa Hill, compulsory voting is a reasonable imposition on personal liberty. Hill points to the discernible benefits of compulsory voting and argues that high turnout elections are more democratically legitimate. The authors - both well-known for their work on voting and civic engagement - debate questions such as: • Do citizens have a duty to vote, and is it an enforceable duty? • Does compulsory voting violate citizens' liberty? If so, is this sufficient grounds to oppose it? Or is it a justifiable violation? Might it instead promote liberty on the whole? • Is low turnout a problem or a blessing?




Parliament’s Secret War


Book Description

The invasion of Iraq in 2003, and the Coalition Government's failure to win parliamentary approval for armed intervention in Syria in 2013, mark a period of increased scrutiny of the process by which the UK engages in armed conflict. For much of the media and civil society there now exists a constitutional convention which mandates that the Government consults Parliament before commencing hostilities. This is celebrated as representing a redistribution of power from the executive towards a more legitimate, democratic institution. This book offers a critical inquiry into Parliament's role in the war prerogative since the beginning of the twentieth century, evaluating whether the UK's decisions to engage in conflict meet the recognised standards of good governance: accountability, transparency and participation. The analysis reveals a number of persistent problems in the decision-making process, including Parliament's lack of access to relevant information, government 'legalisation' of parliamentary debates which frustrates broader discussions of political legitimacy, and the skewing of debates via the partial public disclosure of information based upon secret intelligence. The book offers solutions to these problems to reinvigorate parliamentary discourse and to address government withholding of classified information. It is essential reading for anyone interested in war powers, the relationship between international law and domestic politics, and the role of the Westminster Parliament in questions of national security.




Securing the Vote


Book Description

During the 2016 presidential election, America's election infrastructure was targeted by actors sponsored by the Russian government. Securing the Vote: Protecting American Democracy examines the challenges arising out of the 2016 federal election, assesses current technology and standards for voting, and recommends steps that the federal government, state and local governments, election administrators, and vendors of voting technology should take to improve the security of election infrastructure. In doing so, the report provides a vision of voting that is more secure, accessible, reliable, and verifiable.