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.
Sociological institutionalism is part of the larger group of new institutionalisms, which share the basic understanding that institutions matter in social processes. Opposing a more descriptive, “old” institutionalism and a rational-choice version of institutionalism, which defends the idea that actors have the option to choose independently from a large number of attitudes, sociological institutionalists introduced the notion of logic of appropriateness, influenced by a specific strand of the sociology of organizations. This understanding, however, led to limits in the explicatory force of the approach: institutional change, as well as continued conflict and differentiated power relations among actors, could not be explained well. More recent approaches that took sociological institutionalist assumptions very seriously offered a series of possible solutions to those difficulties. While elements of rationality and power exist implicitly in different conceptualizations of sociological institutionalism, these authors explicitly brought together both actors’ rational behavior and their embeddedness in broad institutional frameworks through concentrating on the power relations that exist among agents.
Persons with disabilities, the world’s largest minority group, have experienced oppression and have been excluded from participating in public affairs for most of human history. The United Nations Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities arguably represents a turning point in the voice persons with disabilities have in the formation and implementation of international and domestic laws and policies. The Ad Hoc Committee realized the clarion call “nothing about us without us” both during the debates and in the formation of a convention that continues the voice of persons with disabilities and their representative bodies in the early 21st century.
Philip G. Roeder
National secession seeks to create a new sovereign state for a nation residing on its homeland that is currently located inside another sovereign state. This goal distinguishes national secession from regional secession, autonomy, and decolonization and shapes the strategies, operational objectives, and tactical choices of the leaders of national-secession campaigns. Explanations for the success of some campaigns—particularly, success at getting on the global agenda—have focused on the identities, grievances, or greed of their members. Explanations for why some campaigns have turned to protracted intense violence have focused on these motivations and on tactical-logistical opportunities.
The existing literature suffers from its failure to agree on theoretical and conceptual fundamentals. As a consequence, empirical studies focus on very different universes of cases and operationalize key variables in diverging ways. The existing literature frequently does not consider how the goal of national secession constrains the strategies, operations, and tactics of such campaigns. And so, it often fails to consider whether studies with another dependent variable can be extended to the study of national secession. Explanations stress indeterminate or substitutable causes and remote constraints on most national-secession campaigns—causes and constraints taken “off the shelf” from theories about conflicts operating under very different strategic and operational constraints. Missing from these explanations is the authenticity and realism of the programs for national secession in the assessments of the populations that each program presents as a nation with a right to a sovereign state of its own. Explanations and recommendations for responses by common-state governments, their allies, and the international community often fail to understand the centrality of the war of programs between national secessionists and common-state governments and the ways this constrains what compromises are possible and what responses are most likely to lead to domestic and international peace in such conflicts.
Stephanie J. Rickard
Policies as diverse as tariffs, exchange rates, and unemployment insurance vary across democratic countries. In an attempt to explain this cross-national variation, scholars have turned to the institutions that govern countries’ elections. The institutions that regulate elections, also known as an electoral system, vary significantly across democracies. Can these varied electoral institutions explain the diversity of policies observed? This question remains unanswered. Despite a growing body of research, little consensus exists as to precisely how electoral institutions affect policy. Why is it so difficult to untangle the effects of electoral institutions on economic policy? One reason for the confusion may be the imprecise manner in which electoral institutions are often measured. Better measures of electoral systems may improve our understanding of their policy effects. Improved theories that clarify the causal mechanism(s) linking electoral systems to policy outcomes will also help to clarify the relationship between electoral systems and policies. To better understand the policy effects of electoral institutions, both theoretical and empirical work must take seriously contextual factors, such as geography, which likely mediate the effects of electoral institutions. Finally, different types of empirical evidence are needed to shed new light on the policy effects of electoral institutions. It is difficult to identify the effects of electoral systems in cross-national studies because of the many other factors that vary across countries. Examining within-country variations, such as changes in district magnitude, may provide useful new insights regarding the effects of electoral institutions on policy.
Diplomacy’s role in foreign policy is hampered by multiple understandings of what diplomacy is and does. A broad definition of diplomacy holds that it encompasses more than the promotion of peaceful international relations. Instead, it applies to the sum of those relations—peaceful, hostile, and everything in between. Thus, foreign relations—so long as they involve the interests, direction, and actions of a sovereign power—may be regarded as being synonymous with diplomatic relations, whereby foreign policy relates to the theory and practice of setting diplomatic priorities; planning for contingencies; advancing strategic, operational, and tactical diplomatic aims; and adjusting those aims to domestic and foreign constraints. This conception of diplomacy is functional: it emphasizes the roles of diplomats and recognizes that many other people perform these roles besides official envoys; and it illustrates that diplomatic settings—and the means, methods, and tools of diplomacy—undergo continuous change. The basic mediating purpose of diplomacy, however, has endured, as has much of its institutional apparatus—embassies, ambassadors, treaties, and so on. This is likely to remain the case so long as there are multiple polities in the world, all having to relate to one another.
Coalition governments are observed frequently in parliamentary systems. Approximately 70% of all governments in postwar Europe have been one type of coalition or another. Israel has never been ruled by a single-party government in its history. Recently, majoritarian systems like Britain produced coalitions, taking many by surprise.
The prominence of coalitions in parliamentary democracies compels researchers to study them more closely. The Comparative Politics literature investigates, in particular, the dynamics of coalition formation and termination, as well as the domestic policy outputs of coalitions, especially compared to governments ruled by a single party.
Coalitions have generated interest on the International Relations front as well. One avenue of research transcends the “political party” as a building block and conceptualizes coalitions as a “decision unit” by focusing on the group of veto players in a regime’s foreign policy apparatus. Another line of scholarship, situated in the “Democratic Peace” framework, looks at coalitions as a domestic-institutional factor to observe their effects on the likelihood of international conflict.
Departing from the “Democratic Peace” tradition, more recent research in Foreign Policy Analysis rejuvenates the study of coalitions in international politics. This literature not only encourages theory development by scrutinizing why coalitions behave differently than single-parties in the international arena but also bridges the gap between International Relations and Comparative Politics. Emphasizing the organic relationship between domestic politics and foreign policy, foreign policy researchers dissect coalition governments to highlight the role political parties play on foreign policy formulation and implementation. This literature also illustrates the merits of methodological plurality in studying foreign policy. Using a combination of comparative case studies, process tracing, Qualitative Comparative Analysis (QCA) and regression modeling, it sheds light not only on the broader trends that characterize coalition foreign policy but also on the causal mechanisms and contextual factors which often go unaccounted for in purely statistical analyses. The recent advances in role and image theories in Foreign Policy Analysis are expected to influence the study of coalitions and their foreign policies, offering an interpretivist take alongside this positivist trajectory.
The historical evolution of the right to vote offers three observations. First, almost all groups have seen their voting rights challenged at some point in time, and almost all political movements have sought to exclude some other group from voting. Second, reforms towards suffrage extension are varied—from the direct introduction of universal (male) suffrage to a trickle down process of enfranchising a small group at a time. Third, the history of franchise extension is a history of expansions and contractions.
Much of the literature on the evolution of the right to vote builds on the following question: Why would a ruling elite decide to extend the suffrage to excluded groups who have different interests in the level of redistribution and the provision of public goods? Two competing theories dominate the debate: Bottom-up or demand theories emphasizing the role of revolutionary threats, and top-down or supply theories, explaining franchise extensions as the outcome of the strategic interactions of those in power and elites in the democratic opposition.
A second question addresses the choice of a particular path of franchise extension, asking what explains different strategies and, in particular, the role of their accompanying institutional reforms.
In contrast to the literature on the inclusion of the lower classes, women’s suffrage has been traditionally presented as the conquest of the suffragette movement. Current research, however, departs from this exceptionalism of female suffrage and shows certain consensus in explaining women’s suffrage as a political calculus, in which men willingly extend the franchise when they expect to benefit from it. Arguments differ though in the specific mechanisms that explain the political calculus.
Finally, the literature on compulsory voting addresses the estimations of its impact on turnout; whether it translates into more efficient campaigning, improved legitimacy, and better representativity; and ultimately its effects on policies.
Parliaments differ enormously in their foreign policy competences. This is best documented in the area of “war powers,” understood as decision-making on the use of force. In other issue areas, such as treaty-making, defense budgets, sanctions, or arms exports, differences across countries are far less researched. The available data, however, suggests that differences in those areas are no smaller than in the area of war powers. What is more, the data also show that parliamentary competences across issue areas within particular countries also differ a lot. Parliaments are not strong or weak across the full spectrum of foreign policy competences. Instead, parliamentary competences are country, as well as issue specific. A general trend toward a parliamentarization or deparliamentarization of foreign affairs is not discernible.
Partly inspired by institutionalist versions of Democratic Peace Theory, numerous studies have examined whether parliamentary powers have any effect on countries’ propensity to use armed force. Case-study research tends to find that variation in parliamentary powers impacts on decision-making on the use of force but also emphasizes that the effects of institutional constraints need to be understood in conjunction with the preferences of the public, parliament, and government. Statistical studies have found some evidence for a “parliamentary peace,” but because of problematic indicators and a lack of controls, doubts remain as to robustness and significance of this effect. In any case, theories of legislative-executive relations in parliamentary systems suggest that open confrontations between parliament and government are exceptional. Instead of an institutional constraint in a system of checks and balances, parliamentary war powers can be understood as an additional reassurance against unpopular decisions to use force.
Most studies of parliaments in foreign affairs are characterized by “methodological nationalism”—that is, the assumption that nation-states are the natural units of analysis. However, parliaments’ activities in foreign affairs are not exhausted by their monitoring and scrutiny of national executives. In addition, there is a long tradition of “parliamentary diplomacy” and engagement in interparliamentary institutions. The most powerful parliamentary actor beyond the nation-state is the European Parliament. Although its formal competences are limited, it has been very effective in using its powers to influence European foreign policy.
Liberalism in politics is associated with nonauthoritarianism, the rule of law, constitutional government with limited powers, and the guarantee of civil and political liberties. A liberal society is tolerant of different religious, philosophical, and ethical doctrines and allows individuals to freely form and express their conscientious convictions and opinions on all matters and live according to their chosen purposes and life paths. In economic terms, liberalism is associated with an unplanned economy with free and competitive markets, as well as private ownership and control of productive resources.
The basic institutions that are characteristic of a liberal society are constitutionalism and the rule of law; equal basic rights and liberties; formal equality of opportunity; free, competitive markets with private property in means of production; government’s obligation to provide public goods and a social minimum; and the fiduciary nature of political power to impartially provide for the public good. Liberals interpret these basic institutions differently. Classical liberalism regards extensive property rights and economic liberties as basic, while libertarians see all rights as property rights and as absolute. High liberalism regards economic liberties as subordinate to personal and political liberties and subject to regulation, with redistribution of income and wealth to mitigate gross inequalities and provide all citizens with adequate resources to guarantee the worth of their basic liberties and opportunities.