Search result: 9 articles

x
Article

Getting Party Activists on Local Lists

How Dutch Local Party Branches Perform Their Recruitment Function

Journal Politics of the Low Countries, Issue 2 2020
Keywords municipal politics, political parties, candidate lists, local party branches, recruitment
Authors Simon Otjes, Marcel Boogers and Gerrit Voerman
AbstractAuthor's information

    This article examines what explains the performance of Dutch local party branches in the recruitment of candidates for municipal councils. Fielding a list of candidates is the most basic function of political parties. In the Netherlands, party branches are under pressure from the low number of party members. To analyse how branches fulfil their role in recruitment, we employ our own survey of the secretaries of party branches held in the run-up to the 2018 municipal election. We find that party membership drives the successful fulfilment of the recruitment function but that, more than the absolute number of members, the crucial factors are how these party members cooperate, the number of active members and the development of this number.


Simon Otjes
Simon Otjes is Assistant Professor of Dutch Politics at Leiden University and researcher at the Documentation Centre Dutch Political Parties of Groningen University. His research focuses on political parties, parliaments and public opinion. His articles have appeared in the American Journal of Political Science and in the European Journal of Political Research, among others.

Marcel Boogers
Marcel Boogers is Professor of Innovation and Regional governance at Twente University. His research focuses on the structure of and dynamics within networks of local and regional governments. Boogers combines his position at Twente University with a position as senior advisor at consultancy firm BMC.

Gerrit Voerman
Gerrit Voerman is Professor of the Development and Function of the Dutch and European Party System at Groningen University and Director of its Centre Dutch Political Parties. His research focuses on political parties, their history and their organisation. He is editor of a long-running series of books on Dutch political parties.
Article

Like Mother, Like Daughter?

Linkage Between Local Branches and Their National Party Headquarters in Belgium

Journal Politics of the Low Countries, Issue 2 2020
Keywords local branches, national party headquarters, linkage, integration, multilevel parties
Authors Kristof Steyvers
AbstractAuthor's information

    This article scrutinises local-national linkage in Belgium to better understand territorial power relations in multilevel parties. Drawing on a survey of local chairs of national parties, it adopts an innovative, informal and bottom-up approach. The descriptive analysis reveals two central axes in the morphology of linkage: scope (downward support and upward influence) and surplus (benefits versus costs). However, (the valuation of) this interdependence appears as a matter of degree. The explanatory analysis therefore probes into the effect of macro- (between environments), meso- (between parties) and micro- (within parties) level factors. It demonstrates that variance is explained by different parameters. For scope, differences between parties trump those within them. For surplus, specific differences between parties as well as within them matter. The answer to our guiding question is therefore variegated: it depends on for what and for whom.


Kristof Steyvers
Kristof Steyvers is Associate Professor in the Department of Political Science of Ghent University (Belgium). His research is conducted in the Centre for Local Politics, where he focuses on topics such as local political leadership, parties and elections at the local level, local government in multilevel governance and local government reforms (often from a comparative perspective).
Article

Reasoning in Domestic Judgments in New Democracies

A View from Strasbourg

Journal East European Yearbook on Human Rights, Issue 1 2019
Keywords European Court of Human Rights, Article 6, new democracies, reasoning in domestic judgments
Authors Dragoljub Popović
AbstractAuthor's information

    One of the shortcomings in the functioning of the justice systems in new democracies consists of insufficient reasoning in judgments. The European Court of Human Rights (Court) had to deal with the issue in cases in which applicants invoked Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention). The Court’s case law developments concerning the issue are analysed in this article. The general rule emerged in leading cases and was subsequently followed. It says there is an obligation incumbent on national courts to provide reasons for their judgments. Therefore, insufficient reasoning in a judgment given at the domestic level of jurisdiction provides grounds for finding a violation of Article 6 of the Convention. The problem of lack of adequate reasoning in domestic judgments has been given attention among scholars, judges and practising lawyers in new democracies. The Court’s jurisprudence provides guidance to solutions aimed at improvement of the administration of justice in those countries, which are Member States of the Convention.


Dragoljub Popović
Former judge of the ECtHR, attorney-at-law at the Belgrade Bar, professor of law at Union University (Belgrade, Serbia) and a visiting professor at Creighton University (Omaha, NE, USA).

Gábor Kardos
Professor, International Law Department, Faculty of Law, ELTE University, Budapest.
Article

Access_open Unexpected Circumstances arising from World War I and its Aftermath: ‘Open’ versus ‘Closed’ Legal Systems

Journal Erasmus Law Review, Issue 2 2014
Keywords First World War, law of obligations, unforeseen circumstances, force majeure, frustration of contracts
Authors Janwillem Oosterhuis Ph.D.
AbstractAuthor's information

    European jurisdictions can be distinguished in ‘open’ and ‘closed’ legal systems in respect of their approach to unexpected circumstances occurring in contractual relations. In this article, it will be argued that this distinction can be related to the judiciary’s reaction in certain countries to the economic consequences of World War I. The first point to be highlighted will be the rather strict approach to unexpected circumstances in contract law that many jurisdictions had before the war – including England, France, Germany, and the Netherlands. Secondly, the judicial approach in England, France, Germany, and the Netherlands to unexpected circumstances arising from the war will be briefly analysed. It will appear that all of the aforementioned jurisdictions remained ‘closed’. Subsequently, the reaction of the judiciary in these jurisdictions to the economic circumstances in the aftermath of the war, (hyper)inflation in particular, will be analysed. Germany, which experienced hyperinflation in the immediate aftermath of the war, developed an ‘open’ system, using the doctrine of the Wegfall der Geschäftsgrundlage. In the Netherlands, this experience failed to have an impact: indeed, in judicial practice the Netherlands appears to have a ‘closed’ legal system nevertheless, save for an ‘exceptional’ remedy in the new Dutch Civil Code, Article 6:258 of the Burgerlijk Wetboek (1992). In conclusion, the hypothesis is put forward that generally only in jurisdictions that have experienced exceptional economic upheaval, such as the hyperinflation in the wake of World War I, ‘exceptional’ remedies addressing unexpected circumstances can have a lasting effect on the legal system.


Janwillem Oosterhuis Ph.D.
Janwillem Oosterhuis is Assistant Professor in Methods and Foundations of Law at the Maastricht University Faculty of Law.
Miscellaneous

Access_open De onschuld voorbij

Jeff McMahans Killing in War

Journal Netherlands Journal of Legal Philosophy, Issue 1 2011
Keywords just war, non-combatant immunity, self-defense
Authors Koos ten Bras and Thomas Mertens
AbstractAuthor's information

    Jeff McMahan, one of the leading contemporary writers on ‘just war thinking’, argues in the book under review, Killing in War, that one of the central tenets of the ‘ius in bello’, namely the moral equality of combatants, is both conceptually and morally untenable. This results from a reflection upon and a departure from two basic assumptions in Walzer’s work, namely the idea that war itself isn’t a relation between persons, but between political entities and their human instruments and the idea that the ‘ius ad bellum’ and ‘ius in bello’ are and should be kept distinct. This book merits serious reflection. However, the disadvantages of McMahan’s position are obvious. If the rights of combatants during war depend on the justice of their cause, the immunity of the civilians on the side of the supposed ‘unjust’ enemy is seriously endangered.


Koos ten Bras
Koos ten Bras is a recent university graduate from the Radboud University Nijmegen with a master degree in International & European Law, and a student in Philosophy of Law at the Radboud University Nijmegen.

Thomas Mertens
Thomas Mertens is Professor of Legal Philosophy at the Faculty of Law at Radboud University Nijmegen, and Professor of Human Rights and Human Responsibilities at the Institute of Philosophy at Leiden University.
Article

Partis politiques nationaux en crise?

Organisation des partis et décentralisation. Une comparaison de l’Espagne et du Royaume Uni

Journal Res Publica, Issue 1 2005
Authors Elodie Fabre, Bart Maddens, Wilfried Swenden e.a.
AbstractAuthor's information

    This article investigates the link between state decentralization and party decentralization. We study the impact of the type (dual, integrative, asymmetrical) and degree of decentralization on two dimensions of the relationship between a party’s central party organs and its regional branches: the autonomy of the regional branches to manage their regional affairs and the degree of participation of the regional branches in the central party. We compare the organization of five state-wide parties in two decentralized multi-national polities, Spain and the UK. Our analysis of their party statutes partly confirms the link between degree and asymmetry of decentralization and party organization. However, the impact of the type of distribution of powers between the state and its regions is much less clear. This article shows the need to investigate the influence of other factors such as regional party competition and electoral rules on the type of central-regional relationships within state-wide parties.


Elodie Fabre
Doctorante au Département de science politique à la Katholieke Universiteit de Leuven.

Bart Maddens
Professeur en science politique à la Katholieke Universiteit de Leuven.

Wilfried Swenden
Professeur en science politique à l’Université de Edimbourg, Ecosse.

Robertas Pogorelis
Collaborateur scientifique au Département de science politique à la Katholieke Universiteit de Leuven.

Hendrik Vos
Docent aan de Vakgroep Politieke wetenschappen van de Universiteit Gent. Gasthoofdredacteur van dit themanummer.

Ernst A. Kramer
Professor of Private Law, University of Basle.
Showing all 9 results
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.