Electoral Systems And The Autocrat's Trade-Off: Evidence From The Russian Duma

Legislative elections sustain authoritarian regimes. However, properties of any electoral system may simultaneously benefit and hurt regimes’ political prospects. We propose a trade-off between electoral systems facilitating parliamentary bargaining and electoral systems maintaining legislative control. While an electoral system can achieve either, it cannot solve both. We investigate this theory by studying Russian federal deputies, half of which are elected in a first-past-the-post single-member district, the other half on a nationwide closed-party list. Candidates can register on both lists, and district results determine final list affiliation. We exploit that electoral incentives change abruptly for deputies barely winning/losing the district, to identify effects of list affiliation on pro and anti-regime parliamentary behavior. Results support a trade-off: while district deputies bargain more for local amendments in parliamentary speeches, they also more often seek to obstruct legislation. How autocrats weigh this trade-off determines the electoral system, and illuminates electoral system reform in autocracies.

6. Exemption Clauses and Unfair Terms

This chapter discusses the common law and statutory rules governing exemption clauses, and the control of unfair terms. Written contracts frequently contain clauses excluding or limiting liability. This is particularly so in the case of ‘standard form’ documents drawn up by one of the parties or a trade association to which one of the parties belong. At common law there are special rules on the incorporation of exemption clauses, special rules of construction applicable to them, and a few miscellaneous other common law rules designed to control them. The chapter first considers those common law rules before going on to the legislative control of exemption clauses and unfair terms. The focus of the discussion of statutory control is the Unfair Contract Terms Act 1977 for non-consumer contracts, and the Consumer Rights Act 2015 for consumer contracts.