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Research on constitutional law has come in different waves mirroring the development of states in recent decades. While the decolonization period of the 1960s still kept the old ties of constitutional “families,” comparison based on such ties has become ever less persuasive since the 1980s wave of constitution making following the fall of the Berlin Wall. Research about de facto and de jure constitutional law now tends to embrace institutional details like judicial review powers and procedures of direct democracy. The field of comparative constitutional law is controversial both in methods and substance. It still lacks a consistent framework of comparative tools and is criticized as illegitimate by scholars who insist on the interpretive autonomy within each constitutional system.
Research in the area of fundamental rights has to deal with long-lasting controversies like the constitutionality of the death penalty. Bioethical regulation is another new field where constitutional positions tend to diverge rather than converge. Embryonic stem cell research, therapeutic cloning, pre-implantation genetic diagnosis, and surrogate motherhood are examples from biotechnology and reproductive medicine where constitutional scholars disagree about what, if anything, constitutional law can contribute to provide a basis or limit for regulation. With the worldwide rise of constitutional courts and judicial review, the standards for the interpretation of fundamental rights become more important. Legal scholarship has worked out the differences between the rule-oriented approach associated with Anglo-American legal systems versus the principle-based approach common to continental Europe.
Gabriel L. Negretto
Constitution-making has been a central political activity in the modern era. Enacting a new constitution was an essential ingredient in the foundation of republics, the creation of new states, the inauguration of democratic regimes, and the reequilibration of democracies during or after a political crisis. Constitution writing has also become a crucial part of the process of overcoming a legacy of violent internal conflict and a component of authoritarian regimes that seek to gain legitimacy by emulating the formalities of representative democracies. This article surveys the most important concepts and issues related to the comparative analysis of constitution-making. Although it draws examples from constitutions made in a wide variety of settings, special attention is paid to constitutional texts adopted or implemented under competitive conditions.
William R. Thompson
Unlike many topics in international relations, a large number of models characterize interstate rivalry termination processes. But many of these models tend to focus on different parts of the rivalry termination puzzle. It is possible, however, to create a general model built around a core of shocks, expectation changes, reciprocity, and reinforcement. Twenty additional elements can be linked as alternative forms of catalysts/shocks and perceptual shifts or as facilitators of the core processes. All 24 constituent elements can be encompassed by the general model, which allows for a fair amount of flexibility in delineating alternative pathways to rivalry de-escalation and termination at different times and in different places. The utility of the unified model is then applied in an illustrative fashion to the Anglo-American rivalry, which ended early in the 20th century.
Constructivism in the social sciences has known several ups and downs over the last decades. It was rather early successful in sociology but hotly contested in international relations. Oddly enough, just at the moments it made important inroads into the research agenda and also became accepted by the mainstream, the enthusiasm for it waned, and many constructivists—as did mainstream scholars—moved from the concerns of “grand theory” or even “meta-theory” toward “normal science,” or experimented with other (eclectic) approaches, of which the “turn to practice” is perhaps the latest manifestation.
In a way, constructivism was “successful” on the one hand by introducing norms, norm-dynamics, and diffusion; the role of new actors in world politics; and the changing role of institutions into the debates, while losing, on the other hand, much of its critical potential. The latter survived only on the fringes—and in Europe more than in the United States. The Copenhagen school, building on the speech act theory, engendered at least a principled discussion of security studies, even if its use of speech acts was too simplistic.
In the United States constructivism soon became “mainstreamed” by having its analysis of norms reduced to “variable research.” Similarly, while the “life cycle of norms” apparently inevitably led to norm cascades and “boomerangs,” “norm death,” strangely enough, never made the research agenda, despite the obvious empirical evidence (preventive strikes, unlawful combatants, drone strikes, extrajudicial killings etc.).
The elective affinity of constructivism and humanitarianism seemed to have transformed the former into the enlightenment project of “progress,” where a hidden (or not so hidden) teleology of history à la Kant tends to overwhelm the analysis and thus prevents a serious conceptual engagement with both law and (inter-) national politics. This bowdlerization of constructivism is further buttressed by the fact that none of the “leading” U.S. departments has a constructivist on board, ensuring thereby the narrowness of conceptual and methodological choices to which the future “professionals” are exposed. The engagement with concepts and language, which “first generation” constructivists introduced, is displaced again by “ideal theory” (both in terms of deductive reasoning based on “unrealistic” assumptions and in the “clarification” of abstract principles à la Rawls), or by the search for “algorithms” hidden in “big data.”
This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of Politics. Please check back later for the full article.
Most constructivist work in international relations has attempted to account for very general outcomes in the international system, most notably the well-known research of Alexander Wendt. Whether we live in a “Kantian” world or a “Hobbesian” one, for instance, is a socially constructed thing, in a sense, not flowing from some inevitable structure or theory of human nature. Nevertheless, some important constructivist work has focused on more specific foreign policy outcomes, research that is examined in depth. Constructivist analyses tend to focus on “how possible” questions rather than attempting to explain particular decisions, and this offers a useful addition or corrective to more traditional analyses of foreign policy. They also attempt to understand the general foreign policy orientations of states, often relying on notions of culture, role, and identity.
Such approaches have not yet fully matured into comprehensive approaches to foreign policy, in at least two senses. First of all, current constructivist approaches are somewhat limited by focusing on the social dimensions of foreign policy rather than on individual ones, being sociological rather than psychological in nature. This is sometimes not an issue, but it becomes a problem when variation between decision makers with the same social identity is the object of interest. Second, there have been relatively few attempts to turn constructivism into a normative theory. Arguably, in order to become a fully rounded theory (as opposed to a loose framework), constructivism needs a mechanism by which it can influence actual decision makers, very few of whom currently describe themselves in opinion polls as being constructivists, as opposed to realists or liberals.
Yet both of these problems can potentially be remedied. First, constructivist approaches may be combined with psychological approaches, which supplement their sociological focus. Both constructivism and the psychological approach to decision making are ideational in nature rather than material; in other words, they share the belief that what we think is “out there” is often more important than what actually is. Indeed, the psychological approach to foreign policy provided a major source of inspiration for the early constructivists. Second, constructivist approaches can offer policymakers prescriptive advice as to how they should or ought to behave. We will review the literature on understanding foreign policy outcomes and will then suggest the outlines of an applied constructivism that decision makers in government would find positively useful. There is Realpolitik and Idealpolitik, but can there be “Konstruktpolitik”? At least six principles might guide the development of normative constructivism. Chief amongst these is the axiom, “if you can’t change the physical, change the social.” Other principles include the effort to initiate “norm cascades,” the encouragement (or discouragement) of self-fulfilling beliefs and self-negating beliefs, acceptance of the role of agency and the conscious use of argument and language as tools of persuasion.
Matthew P. Motta and Erika Franklin Fowler
Political advertising, especially negative advertising, is a prominent feature of contemporary political campaigns in the United States. Campaigns use advertising strategically to persuade citizens their candidate is preferable to the alternatives; to mobilize like-minded supporters to get out to the polls to cast a ballot for their candidate; and to acquire citizen-personal information, so they can more effectively target individuals with appropriate persuasive or mobilizing messages. Online advertising is growing, but television advertising volume has largely been on the rise, too, with 2014 being a plateau. Evidence about trends in advertising content and effects of advertising on citizens come from television advertising in particular.
Over the past decade, candidates have consistently sponsored a majority of advertising on the airwaves although their share does appear to be declining in legislative races. Interest group sponsorship of political advertising has grown, especially in Senate and presidential races, taking advantage of recent legal changes in the campaign finance landscape. Negativity is the dominant form of television advertising, constituting more than 65% and as much as 75% of all congressional general election ads (and as much as 87% of presidential ads) on air since 2006. Parties and interest group sponsors are more likely to air negative advertising by candidates, but candidates do not refrain from going negative. In fact, candidate negativity comprises roughly half of all negative ads on air. Negative ads are more likely to cite specific sources and therefore are generally considered more substantive. TV advertising is unlikely to contain partisan or ideological cues, in part, because it is targeted at swing voters.
Early studies of advertising cast doubt on their effectiveness, but more recent work suggests that advertising effects are small (mattering at the margin in the most competitive contests) and often conditional. That is, advertising effects often vary in relation to characteristics of the messages being aired, the individuals who view them, and contextual factors relating to the campaign more generally. Scholarship suggests that advertising has persuasive but short-lived influence on citizens and that advertising volume and negativity may aid mobilization efforts (although the influence of negativity may be conditioned upon ad characteristics and timing).
Technological advances in the way TV advertising is deployed is increasing campaigns ability to target citizens in a fashion similar to online advertising, which has implications for how well researchers can continue to study it. Scholars have made considerable progress in studying 21st-century advertising effects, but a number of logistical hurdles and unanswered research questions remain.
Contextualism denotes a set of ideas about the importance of attention to context. The topic of the article is contextualism in normative political theory/philosophy, in relation to the part of political theory concerned with systematic political argument for normative claims—evaluative claims about the legitimacy, justice, or relative goodness of acts, policies or institutions, and prescriptive claims about what we should do, which decision procedures we should follow, or how institutions should be reformed.
In terms of what counts as context, it denotes facts concerning particular cases that can be invoked to contextualize a specific object of political discussion such as a law, an institution, or the like.
Contextualism denotes any view that political theory should take context into account, but there are many different views about what this means. Contextualism can be characterized by way of different contrasts, which imply that the resulting conceptions of contextualism are views about different things, such as justification, the nature of political theory, or methodology.
Here the focus is on characterizations of contextualism in terms of methodology and justification that provide different views about what role context can play in political argument. In the course of doing this, a number of problems facing the different versions of contextualism are identified, including problems of reification and status quo bias, problems of securing that political theory is both critical and action guiding while still being contextualist, and the problem of delimiting the relevant context. Different ways of avoiding these problems are sketched. It is argued that there are forms of contextualism that can avoid the problems, but that these might not be as distinctive as some contextualists think. This also means that contextualism might, in fact, be a more common approach to political theory than sometimes suggested.
The Council of Ministers, officially known as the Council of the European Union (EU), is a single legal composition of national ministers who meet in policy-specific formations to negotiate and adopt EU policies and laws. The Council is more than just the ministers; they depend on an infrastructure of preparatory bodies and specialist working groups, as well as rotating and permanent leadership positions and an internal bureaucracy, the General Secretariat of the Council (GSC). Over time, the Council has undergone formal restructuring, such as sharing colegislative authority with the European Parliament (EP), now called the “ordinary legislative procedure” (OLP), and redesigning how majority voting works. The Council has also witnessed informal organizational change, especially in internal pecking-order dynamics and techniques to reach consensus-based outcomes.
EU Council research has documented formal and informal decision-making dynamics, especially related to voting and consensus practices, although there is no real agreement on how formal and informal rules interact to influence the context of negotiations. There is still a divergence of interpretation in how the Council actually works, such as whether consensus is a “culture” of mutual accommodation subject to group standards or is instead a façade of relative power. As an institution, the Council deliberately promotes clublike networks of like-minded national policy specialists and experts who meet in repeat, face-to-face interactions and make collective decisions in mostly nontransparent (in camera) settings of insulation from domestic audiences. However, in the post-Maastricht era of EU politics since the early 1990s, the way the Council works is also increasingly debated in terms of transparency, accountability, and legitimacy.
Richard Ned Lebow
Counterfactuals seek to alter some feature or event of the pass and by means of a chain of causal logic show how the present might, or would, be different. Counterfactual inquiry—or control of counterfactual situations—is essential to any causal claim. More importantly, counterfactual thought experiments are essential, to the construction of analytical frameworks. Policymakers routinely use then by to identify problems, work their way through problems, and select responses. Good foreign-policy analysis must accordingly engage and employ counterfactuals.
There are two generic types of counterfactuals: minimal-rewrite counterfactuals and miracle counterfactuals. They have relevance when formulating propositions and probing contingency and causation. There is also a set of protocols for using both kinds of counterfactuals toward these ends, and it illustrates the uses and protocols with historical examples. Policymakers invoke counterfactuals frequently, especially with regard to foreign policy, to both choose policies and defend them to key constituencies. They use counterfactuals in a haphazard and unscientific manner, and it is important to learn more about how they think about and employ counterfactuals to understand foreign policy.
Jun Koga Sudduth
Political leaders face threats to their power from within and outside the regime. Leaders can be removed via a coup d’état undertaken by militaries that are part of the state apparatus. At the same time, leaders can lose power when they confront excluded opposition groups in civil wars. The difficulty for leaders, though, is that efforts to address one threat might leave them vulnerable to the other threat due to the role of the military as an institution of violence capable of exercising coercive power. On one hand, leaders need to protect their regimes from rebels by maintaining strong militaries. Yet, militaries that are strong enough to prevail against rebel forces are also strong enough to execute a coup successfully. On the other hand, leaders who cope with coup threats by weakening their militaries’ capabilities to organize a coup also diminish the very capabilities that they need to defeat their rebel challengers.
This unfortunate trade-off between protection by the military and protection from the military has been the long-standing theme in studies of civil-military relations and coup-proofing. Though most research on this subject has focused primarily on rulers’ maneuvers to balance the threats posed by the military and the threats coming from foreign adversaries, more recent scholarship has begun to explore how leaders’ efforts to cope with coup threats will influence the regime’s abilities to address the domestic threats coming from rebel groups, and vice versa. This new wave of research focuses on two related vectors. First, scholars address whether leaders who pursue coup-proofing strategies that weaken their militaries’ capabilities also increase the regime’s vulnerability to rebel threats and the future probability of civil war. Second, scholars examine how the magnitude of threats posed by rebel groups will determine leaders’ strategies toward the militaries, and how these strategies affect both the militaries’ influence over government policy and the future probability of coup onsets. These lines of research contribute to the conflict literature by examining the causal mechanisms through which civil conflict influences coup propensity and vice versa. The literatures on civil war and coups have developed independently without much consideration of each other, and systematic analyses of the linkage between them have only just began.