Roger D. Congleton
Research on the origin, evolution, and effects of parliaments on public policies is presented. Progress has been made, but unresolved questions remain. Both historical and contemporary rational choice–based research are discussed, although more attention is given to the latter than to the former.
Tanel Kerikmäe, Archil Chochia, and Max Atallah
Integration with the European Union has been far less distressing for the three Baltic States than for numerous other accessing countries owing to their strong societal impetus to (re)join Western political, economic, and legal culture after they regained their independence from the Soviet Union in 1990. However, the accession of these states—Estonia, Latvia, and Lithuania—had several distinctive features related to constitutional background and settings, which heavily influenced problem solving between government and the EU institutions.
In general, the controversial issues regarding how to solve the problems with supranational power have never been dramatic with regard to the Baltic States, which leads to the assumption that often the governments have taken rather compliant positions. The latest cases, such as the European Stabilization Mechanism, indicate the change in paradigm: the three Baltic States are more aware of the margin of appreciation and actual borderlines between policy making- and decision making.
Today, in setting up an EU-related agenda, more skills than previously are needed in finding allies and choosing partners. The road the Baltic States took in joining the EU was a difficult one, nor has their role in the EU been easy. Should a small state with a big initiative be allowed to mentor other member states regarding that initiative, meaning in particular Estonia and its digital development?
Another peculiar aspect of the Baltic States is their (inter)relationship with Russia. Considering themselves a bridge between East and West, the Baltics have been active in Eastern Partnership and Development Aid initiatives and have also spoken out strongly against intervention in Georgia and Ukraine. This position sometimes complicates any EU attempt to achieve consensus on foreign policy.
Many institutionalist scholars—historical institutionalists in particular—have recognized for some time that our understanding of institutional change needs to be improved. Taking this premise as a starting point, this article develops it by arguing that we not only need to understand institutional change better but that we also need to improve our understanding of how it is gendered. The chapter combines key elements from institutional analysis with recent gender and politics scholarship. This combination will form an analytical framework that can be used to examine how different instances of institutional change are gendered, highlighting, for example, the importance of some key concepts such as informal institutions and their role in either promoting or stymieing attempts to promote institutional change. After exploring the gaps in many current gender and politics analyses such as their capacity to explain many instances of institutional change, the paper charts the development of key insights on institutional change from both historical institutionalism and feminist institutionalism. It delineates different forms of institutional change and develops some key themes for each one that might enable us to better understand, not only how each is gendered, but also how far each form might be used by change actors as a gender equity strategy.
Scholarship on the relationship between domestic institutions and foreign policy is driven by the assumption that a state’s domestic political arrangement can explain important aspects of its foreign policy behavior. Democratic domestic institutions, in particular, are thought to be significant for explaining an important set of outcomes. Research shows, for example, that democracies tend to cooperate with each other; uphold their commitments; make more effective threats; engage in fewer wars with each other (but do fight non-democracies quite frequently); perform better in the wars in which they are involved; and tend to fight wars of shorter duration.
Studying the impact of democratic domestic institutions on foreign policy has developed along two broad lines. The first and most established approach is rooted in the basic distinction between democracies and non-democracies. In this view, democratic institutions constrain leaders in a way that produces distinct democratic foreign policy patterns. This approach has yielded a tremendous amount of research and insight into democratic foreign policy, but also suffers from several important shortcomings. One is that democracy tends to be correlated with a host of other variables, making it difficult to specify what exactly it is about democracy that explains certain foreign policy outcomes. A second and related critique of this approach is that it tends to treat democracy uniformly when in fact there is often great variation in democratic domestic institutions across cases.
A second and more recent approach focuses on the differences among democracies and seeks to explain how this variation, in turn, creates variation in foreign policy behavior. Democracies differ in terms of their underlying institutional arrangements in a variety of ways, including whether they have presidential or parliamentary systems, autonomous or constrained executives, and open or closed institutions to modulate the flow of information between leaders and citizens, among others. Even within a country, there can be a different set of institutional constraints on democratic leaders depending on the given foreign policy instrument they seek to employ. Studying these variations and their impact on policy processes and outcomes provides great promise for further unpacking the relationship between domestic democratic institutions and foreign policy.
The recent global economic crisis has renewed interest in the nature and history of monetary policy, the distributional effects of central bank policy, central bank governance, and the personalities at the helm of major central banks. In modern times, a country’s central bank formulates, or, to a minimum, implements, a country’s monetary policy, or the process of adjustment of a country’s money supply to achieve some combination of stable prices and sustainable economic growth. Monetary policy depends heavily on a country’s exchange rate system. Under fixed exchange rates, the country’s commitment to keep the level of the currency at a certain level dictates monetary policy to a great degree. As the gold standard was unraveling after World War I, many countries experienced high inflation or even hyperinflation. A similar situation faced monetary policy after the collapse of the Bretton Woods system of fixed exchange rates in the 1970s. By the 1980s, however, countries turned toward central bank independence as an institutional arrangement to control inflation. The current issues surrounding monetary policy have emerged from the historical increase in central bank independence and the 2007 economic and financial crisis. In particular, the opacity of central bank decisions, given their autonomy to pursue stable prices without political interference, has increased the demand for transparency and communication with the government, the public, and financial markets. Also, the 2007 crisis pushed central banks toward unconventional measures and macro-prudential regulation, and brought back into focus the monetary policy of the euro area.
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.
Josep M. Colomer
The classical analytical category of “empire,” as opposed to “state,” “city,” “federation,” and other political forms, can account for a large number of historical and current experiences, including the past United States of America, the European Union, Russia, and China. An “empire” has been conceived, in contrast to a “state,” as a very large size polity with a government formed on movable frontiers, with multiple institutional levels, overlapping jurisdictions, and asymmetric relations between the center and the diverse territorial units.
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.