Determinants of Bicameral Conflict: The Formation of Conference Committees in Chile, 1990-2018

2021 ◽  
Vol 63 (4) ◽  
pp. 74-95
Author(s):  
Patricio Navia ◽  
Nicolás Mimica

ABSTRACTIn some countries, bicameral discrepancies are solved by the formation of a conference committee. In Chile, conference committees are exclusively and automatically formed when the second chamber rejects a bill passed in the first chamber or when the first chamber rejects the modifications to its original bill made by the second chamber. This article postulates 4 hypotheses for the determinants of conference committee formation. It tests them for the case of Chile’s sequential legislative process (1990–2018) using 2,183 bills that reached the stage where a conference committee could be formed. The 482 conference committees that resulted were more likely to be formed when chambers were controlled by different majorities, when passage required special voting thresholds, when bills were more important for the president, and when the bills had more approved amendments, but they were not more likely if the bill was introduced by legislators rather than the executive.

1986 ◽  
Vol 6 ◽  
pp. 93-101
Author(s):  
Robert E. Dewhirst

Frequently referred to as the "third house of Congress" by public officials and political scientists, conference committees have been the subject of numerous articles and books dating back to at least 1927, when an essentially descriptive study (McCown, 1927) outlined their origins and development. The impetus for the attention stems from the critical juncture conference committees occupy in the legislative process. Through sometimes lengthy and complex maneuvers, conference committees deliberations can and frequently do significantly alter legislation produced in one or both houses. Much of the attention of scholars and journalists has been directed toward attempting to determine why one house "wins" the conference deliberations (meaning which house came the closest to having its version of a bill reported out by the committee).


Res Publica ◽  
1980 ◽  
Vol 22 (4) ◽  
pp. 603-618
Author(s):  
Guy Tillekaerts

The conference committee is one of the most important joint committees in het American Congress, appointed to reconcile differences between bills adopted in the two houses of Congress in different forms.Each house is authorized to call for a conference. Usually, only the most important bills are submitted to a conference committee, and minor bills wilt be adopted by concessions of one of the houses.Each house commits his conferees, and can give them instructions on how to vote. These instructions however are not imperative. The number of conferees in each delegation is not necessarily equal, but each delegation votes as a unit and in the way determined by the majority in the delegation. The committee only is allowed to examine the matters in disagreement and cannot add any new provisions to the bills.When an agreement is reached a conference report is written and signed by the majority of the conferees in each delegation, after which it is sent back to the houses for approval.The bill as modified by the conference committee can be adopted or rejected, in which case a second conference can be asked for. No amendments are allowed.  The conference committee, sometimes called the «Third House of Congress» not only has become a very powerful institution but also a necessary one. It is responsible for about one third of the legislation including the most important bills.lts necessity is confirmed by its two century-existence, and the fact that it has been copied in other federal states such as the Federal Republic of Germany and Switzerland.


1936 ◽  
Vol 30 (6) ◽  
pp. 1114-1116
Author(s):  
Franklin L. Burdette

In his campaign for a unicameral legislature in Nebraska, Senator George W. Norris cited the necessity of conference committees as one of the chief evils in the bicameral system. To Senator Norris, the conference committee is often a “third house” of the legislature, where a small group of men, working in secret and enjoying great parliamentary advantages, so modify bills in dispute between the two chambers that the will of the majority is defeated.


1989 ◽  
Author(s):  
Michael C. Gottlieb ◽  
◽  
Florence W. Kaslow

2013 ◽  
Vol 42 (4) ◽  
pp. 161-184
Author(s):  
Paul Karolyi ◽  
Paul James Costic

CongressionalMonitor.org, the companion site to this JPS section, provides in-depth summaries of all bills and many resolutions listed here. Published annually, the Congressional Monitor summarizes all bills and resolutions pertinent to Palestine, Israel, or the broader Arab-Israeli conflict that are introduced during the previous session of Congress. It is part of a wider project of the Institute for Palestine Studies that includes the Congressional Monitor Database (CongressionalMonitor.org). The database contains all relevant legislation from 2001 to the present (the 107th Congress through the 112th Congress) and is updated on an ongoing basis. The monitor identifies major legislative themes related to the Palestine issue as well as initiators of specific legislation, their priorities, the range of their concerns, and their attitudes toward regional actors. Material in this compilation is drawn from www.thomas.loc.gov, the official legislative site of the Library of Congress, which includes a detailed primer on the legislative process entitled “How Our Laws Are Made.”


Author(s):  
Munawar Haque

Abstract  The purpose of this article is to explore the views of Sayyid Abul AÑlÉ MawdËdÊ[1] on ijtihÉd.[2] It intends to trace the origins of MawdËdÊ’s ideas within the social, cultural and political context of his time, especially the increasing influence of modernity in the Muslim world.  The study will show that MawdËdÊ’s understanding of ijtihÉd and its scope demonstrates originality.  For MawdËdÊ, ijtihÉd is the concept, the process, as well as the mechanism by which the SharÊÑah,[3] as elaborated in the Qur’Én and the Sunnah[4] is to be interpreted, developed and kept alive in line with the intellectual, political, economic, legal, technological and moral development of society.  The notion of ijtihÉd adopted by MawdËdÊ transcends the confines of Fiqh[5] (jurisprudence) and tends therefore to unleash the dormant faculties of the Muslim mind to excel in all segments of life.   [1] Sayyid Abul AÑlÉ MawdËdÊ was born on September 25, 1903 in Awrangabad, a town in the present Maharashtra state of India in a deeply religious family.  His ancestry on the paternal side is traced back to the Holy Prophet (peace be upon him).  The family had a long-standing tradition of spiritual leadership, for a number of MawdËdÊ’s ancestors were outstanding leaders of ØËfÊ Orders.  One of the luminaries among them, the one from whom he derives his family name, was KhawÉjah QuÏb al-DÊn MawdËd (d. 527 AH), a renowned leader of the ChishtÊ ØËfÊ Order. MawdËdÊ died on September 22, 1979. See Khurshid Ahmad and Zafar Ishaq Ansari, “MawlÉnÉ Sayyid Abul AÑlÉ MawdËdÊ: An Introduction to His Vision of Islam and Islamic Revival,”, in Khurshd Ahmad and Zafar Ishaq Ansari (eds.) Islamic Perspectives: Studies in Honour of MawlÉnÉ Sayyid Abul A’lÉ MawdËdÊ,  (Leicester: The Islamic Foundation,1979), 360. [2]  In Islamic legal thought, ijtihÉd is understood as the effort of the jurist to derive the law on an issue by expending all the available means of interpretation at his disposal and by taking into account all the legal proofs related to the issue.  However, its scope is not confined only to legal aspect of Muslim society.  MawdËdÊ’s concept of ijtihÉd is defined as the legislative process that makes the legal system of Islam dynamic and makes its development and evolution in the changing circumstances possible.  This results from a particular type of academic research and intellectual effort, which in the terminology of Islam is called ijtihÉd.  The purpose and object of ijtihÉd is not to replace the Divine law by man made law.  Its real object is to properly understand the Supreme law and to impart dynamism to the legal system of Islam by keeping it in conformity with the fundamental guidance of the SharÊÑah and abreast of the ever-changing conditions of the world.  See Sayyid Abul AÑlÉ MawdËdÊ, The Islamic Law and Constitution, translated and edited by Khurshid Ahmad, (Lahore: Islamic Publications Ltd, 1983), 76.[3] SharÊÑah refers to the sum total of Islamic laws and guidance, which were revealed to the Prophet MuÍammad (peace be upon him), and which are recorded in the Qur’Én as well as deducible from the Prophet’s divinely guided lifestyle (called the Sunnah). See Muhammad ShalabÊ, al-Madkhal fÊ at-TaÑ’rÊf  b alil-Fiqh al-IslÉmÊ, (Beirut: n.p., 1968),.28.[4]Sunnah is the way of life of the Prophet (peace be upon him), consisting of his sayings, actions and silent approvals. It is also used to mean a recommended deed as opposed to FarÌ or WÉjib, a compulsory one.[5]  Originally Fiqh referred to deliberations related to one’s reasoned opinion, ra’y.  Later the expression Fiqh evolved to mean jurisprudence covering every aspect of Islam.  It is also applied to denote understanding, comprehension, and profound knowledge. For an excellent exposition on the meaning of Fiqh, see Imran Ahsan Khan Nyazee, Theories of Islamic law: The methodology of ijtihÉd, (Delhi: Adam Publishers & Distributors, 1996), 20-22.


2016 ◽  
Vol 167 (4) ◽  
pp. 221-228 ◽  
Author(s):  
Astrid Zabel ◽  
Eva Lieberherr

Advancement of the Swiss Forest Policy 2020 from stakeholders' perspectives In light of the ending of the Swiss “ Forest Policy 2020”, this article assesses the goals, challenges and concerns of Swiss forest stakeholders in relation to forest policy post 2020. The data were collected through expert interviews and an online survey. The results show that securing an economically sustainable forest management and economically viable silvicultural businesses are key concerns for many stakeholders. Apart from these issues, several further and sometimes conflicting interests were mentioned. The study concludes that a debate on an adjustment of the weights given to goals in the Swiss Forest Policy 2020 may be commendable. However, there does not appear to be need for a complete change of course in order to address the stakeholders' needs and concerns. In terms of policy process, most stakeholders positively evaluated the past planning and development process of the Swiss Forest Policy 2020, but also provided suggestions for improvements. Finally, a network analysis revealed that the Swiss Federal Agency for the Environment, the Swiss Forest Owners Association and the Conference of Cantonal Foresters played a central role in the amendment of the Swiss Federal Forest Act. The analysis also showed that more stakeholders find each other as important than actually work together in a legislative process.


2020 ◽  
pp. 72-76
Author(s):  
G. N. Utkin

The article substantiates that lawmaking is a process characterized by a complex combination of conditional and unconditional. In spite of the predominance of the conditional in its characterization, there must always be something in it that is self-conditioned, immutable and irresistible, and is therefore capable of being the source of the unconditionality of the prescriptions that result from law-making. In modern States, the importance of conditional lawmaking is compensated by the unconditionality of procedural and procedural requirements underlying the organization of the legislative process.


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