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This chapter argues that the literature on legislatures in authoritarian regimes has hitherto explained their origins, described their effects on regime duration, analyzed how they fulfill the roles of oversight and legitimation of autocratic regimes, and accounted for their influence on policy outcomes under highly specific conditions, but have not adequately explained another main function that legislatures are supposed to perform: lawmaking. The few works on this topic have highly specific scope conditions, present theories unrelated to the political dynamics of authoritarianism, and cannot explain variation of legislative outcomes across different types of dictatorship. We argue that these limitations can be overcome by extending the power-sharing theory of authoritarian government to account for lawmaking institutions and outcomes.
This chapter describes how the book contributes to the understanding of lawmaking under authoritarianism by specifying the conditions under which legislatures perform their lawmaking function within authoritarian regimes, showing the mechanisms through which legislatures operate and influence the contents of policies, and helping to elucidate the ways in which legislatures may be consequential both to policymaking and politics, thus extending the scope conditions of power-sharing accounts of lawmaking to any type of autocracy. It also suggests how the theory and methods employed may be used to study the role of business and bureacracies in authoritarian regimes, and to recast the approaches to federalism and policymaking under dictatorship, and to the role of legislature in regime transitions.
Why are legislatures in some authoritarian regimes more powerful than others? Why does influence on policies and politics vary across dictatorships? To answer these questions, Lawmaking under Authoritarianism extends the power-sharing theory of authoritarian government to argue that autocracies with balanced factional politics have more influential legislatures than regimes with unbalanced or unstable factional politics. Where factional politics is balanced, autocracies have reviser legislatures that amend and reject significant shares of executive initiatives and are able to block or reverse policies preferred by dictators. When factional politics is unbalanced, notary legislatures may amend executive bills but rarely reject them, and regimes with unstable factional politics oscillate between these two extremes. Lawmaking under Authoritarianism employs novel datasets based on extensive archival research to support these findings, including strong qualitative case studies for past dictatorships in Argentina, Brazil, and Spain.
This article explores whether differential time horizons in legislative chambers that result from staggered membership renewal affect legislative behaviour. The analysis focuses on patterns of bill initiation and the introduction of amendments in the upper chambers of Australia, France, Germany and Japan – all four of which contain two or more classes of members that face re‐election at different times. Drawing on original comparative data, clear evidence is found of over‐time variation in legislative activity levels in the upper chambers. Approaching elections lead to increased activity levels, with increases in the introduction of bills, but also, to a lesser extent, amending activity. Such variation is found not only for those members facing the most proximate election, but for all members of the chamber. Importantly, there are no significant differences in legislative behaviour between those members up for re‐election and those not facing the electorate in the most proximate election. These patterns are interpreted tentatively as evidence of the paramount importance of political parties in parliamentary systems.
Legislative debates are a thriving field in comparative politics. They make representation work by offering legislators the opportunity to take the floor and represent their constituents. In this paper, we review the key theoretical concepts and empirical findings in a maturing field. We begin by addressing what legislative debates are and why we should study them to learn about inter‐ and intra‐party politics. Next, we look at the contributions springing from Proksch and Slapin's ground‐breaking model. In so doing, our review suggests that recent work extends the original model to include further dimensions of legislative debates. Third, we examine the role of legislative debates as mechanisms of representation, focusing on gender. Four, we examine the challenges of the comparative analysis of legislative debates. Finally, we map the road ahead by discussing four avenues of future research and some key questions that remain unanswered.
Party institutionalisation is a central problem in political science. The literature tends to understand it as a syndrome and therefore has difficulty explaining variations. This article suggests a new approach based on the transaction between a legislative party and its deputies, the failure of which is observable in party switching. Three routes to institutionalisation are identified by appealing to the vote‐seeking, office‐seeking or policy‐seeking motivations of deputies. Poland has had a large volume of party switching, along with wide variation in the incentives facing differently‐motivated deputies. Survival analyses of switching in four Polish parliaments find that vote‐seeking is the most likely route to institutionalisation for Polish parties. Moreover, in this article a concrete hypothesis is established for comparative testing: legislative parties can survive as long as their popular support exceeds 40 per cent of their share in the previous election.
Steffen Ganghof’s Beyond Presidentialism and Parliamentarism: Democratic Design and the Separation of Powers (Oxford University Press, 2021) posits that “in a democracy, a constitutional separation of powers between the executive and the assembly may be desirable, but the constitutional concentration of executive power in a single human being is not” (Ganghof, 2021). To consider, examine and theorise about this, Ganghof urges engagement with semi-parliamentarism. As explained by Ganghof, legislative power is shared between two democratically legitimate sections of parliament in a semi-parliamentary system, but only one of those sections selects the government and can remove it in a no-confidence vote. Consequently, power is dispersed and not concentrated in the hands of any one person, which, Ganghof argues, can lead to an enhanced form of parliamentary democracy. In this book review symposium, George Tsebelis, Michael Thies, José Antonio Cheibub, Rosalind Dixon and Daniel Bogéa review Steffen Ganghof’s book and engage with the author about aspects of research design, case selection and theoretical argument. This symposium arose from an engaging and constructive discussion of the book at a seminar hosted by Texas A&M University in 2022. We thank Prof José Cheibub (Texas A&M) for organising that seminar and Dr Anna Fruhstorfer (University of Potsdam) for initiating this book review symposium.
Scholars debate whether the presence of multiple parties in the legislature stabilizes dictatorships or promotes their demise. We show that authoritarian regimes face a dilemma: allowing for multipartism reduces the risk of bottom-up revolt, but facilitates protracted top-down democratization. Concessions to the opposition diminish the long-term benefits of authoritarian rule and empower regime soft-liners. We test our theory in Latin America—a region with a broad range of autocracies —using survival models, instrumental variables, random forests, and two case studies. Our theory explains why rational autocrats accept multipartism, even though this concession may ultimately undermine the regime. It also accounts for democratic transitions that occur when the opposition is fragmented and without a stunning authoritarian defeat.
This paper explores diversifying legislatures within a context of ethnonationalism, populism, and democratic erosion. Although diversity and inclusion are often viewed as symbols of democratization, research increasingly challenges this. In fact, diversity and inclusion can occur in tandem with democratic erosion—how so? How do minorities navigate hostile environments? To answer this question, I analyze how women politicians with intersecting identities strategically use their gendered and racialized identities. I conduct a qualitative study of four different women politicians in the Israeli Knesset—Miri Regev of Jewish Mizrahi [Moroccan] descent, Pnina Tamano-Shata of Jewish Ethiopian descent, Merav Michaeli of Jewish Ashkenazi [European] descent, and Aida Touma-Suleiman, a Palestinian-Israeli. I find that women will highlight the aspects of their identities that they believe will benefit them the most, resulting in their promotion of ethnonational divisions and reducing opportunities for solidarity among minority populations.
It is common ground that a bill of constitutional rights regulates the relationship between individual and the state. Fundamental rights create negative obligations for the state – duties not to interfere with life, liberty, conscience, speech, privacy etc. To what extent, if at all, though, do fundamental rights also have a bearing on relations between individuals? Can they also obligate the state to actively promote liberty in society? Are they focused merely on state abuse but silent on social inequality – or can they be mobilized as vehicles for social justice? Undeniably, constitutionally-sensitive conflicts routinely arise, e.g., between capital and labour; between financial service providers and vulnerable consumers; between vulnerable groups themselves, and so on. However, the “constitutionalisation” of private law relationships has not always been seen as an unmixed blessing. A first concern is that the expansion of substantive constitutional norms beyond the negative basic liberties eliminates the domain of private law and private autonomy that is an essential characteristic of liberal societies. A second concern is that constitutionalisation transfers substantial regulatory authority from democratic legislatures to constitutional courts. This chapter argues that that neither of these two concerns necessarily arises in connection with the doctrine of (indirect) horizontal effect.
This chapter explores the idea of opposition. One may make known one’s opposition to specific measures and one may make known one’s opposition to those who hold the office of government. While opposition to those who rule may flourish only in constitutional arrangements that contemplate changes in government, the freedom to make known opposition to measures may obtain and flourish even absent such arrangements. These two different modalities of opposition – to measures and to governments – draw on a reciprocal understanding that those who oppose and those who rule are both committed to the public good. Depending on the design of its system of government, a constitution may enable or empower opposition, with the parliamentary form of government differing in important respects from the presidential. Some constitutional arrangements and proposals award to opposition members in legislatures and elsewhere some degree of authority in exercising the office of government. Whatever the merits of such coalition or consensus arrangements and proposals, they change the function of opposition, for when those who oppose begin to govern, a version of the question quis custodiet ipsos custodes (who guards the guardians) arises: who stands in opposition to the opposition?
Entrenchment is a constitutional tool that renders legal change more difficult. This chapter examines the forms entrenchment can take, and the reasons for and against entrenchment. It argues that entrenchment can, on occasion, help resolve constitutional problems by requiring law-making institutions to depart from the normal way in which they effect legal change. Entrenchment rules are at their most attractive where there is a connection between the reason for entrenchment – the reason why the normal rules of legal change are problematic in a particular area of law – the type of entrenchment rule adopted, and the area of law entrenched.
This article seeks to compare the policy histories of the legislative term limits in France and the United States. Both nations debated, initially adopted, and then ultimately rejected imposing term limits during the foundational moments of their democracies. Reemerging in the 1990s in America, proposals to refresh government through such limits have been successful in the states and have failed at the national level. The idea regained prominence in France when Emmanuel Macron supported it during his 2017 presidential election. Although Macron eventually abandoned the proposal, the revival of this debate is an opportunity to draw broad parallels but identify critical differences between the two nations in the philosophical debates over term limits and the ways that leaders have embraced or abandoned them to fulfill their political goals. We show how the idea circulated between the two nations, without a parallel exchange of evidence about its effects.
This study analyzes direct lobbying in the Chilean Congress, contributing to the debate over which legislators are targeted by interest groups. Utilizing a comprehensive dataset constructed from legally mandated records of lobbying meetings, we test theoretical implications predominantly derived from the US context within a different presidential democracy. The focus is on the legislative targets of business and labor groups. The results reveal a marked preference for lobbying allies, aligning with recent theories of information transmission and legislative subsidies. This pattern holds true for both business and labor groups and highlights the significance of ideological alignment for legislative lobbying in Chile. Additionally, the study finds that legislators with influential positions, such as those on key committees or centrally located in the bill collaboration network, are more frequently targeted. This research provides key insights into the dynamics of legislative lobbying in a non-US context, underscoring the generalizability of established theoretical frameworks.
This chapter focuses on legal decisions often neglected in the general field of psychology and law: legislative decisions. These decisions establish the legal framework within which other entities operate. The chapter begins with a description of the legislative branch and a summary of different types of legislative decisions. It then differentiates between democratic and nondemocratic settings (e.g. oligarchies, autocracies) and concisely covers theories of power structure – namely, state-centered theory, pluralist theory, and elite-power theory. It then moves on to identifying and expounding the factors that influence legislative decisions. In democratic contexts, these factors include variables internal to the legislature, such as lawmaker demographics, social ties/networks, and party/ideology, as well as external variables such as public opinion, media, and campaign contributions/lobbying. In nondemocratic contexts, however, legislative decisions are largely influenced by power, wealth, and corruption. The chapter concludes by discussing implications for theories of power structure and proposing future directions.
Responding to the need to make democratic governance more anticipatory, during recent decades parliaments have increasingly made efforts to involve elected legislators directly in addressing future risks and envisioning long-term developments. At the level of general democratic-institutional principles, engaging legislators in national-level foresight is expected to enhance the general legitimacy of future-regarding policymaking almost automatically by broadening the scope of democratic actors involved in policy work. However, even the basic mechanisms through which the impact of legislature-based foresight activities could traverse to policymaking remain largely uncharted and unknown. To develop a preliminary framework for detecting and comparing such mechanisms, we draw from the experiences of the most institutionalised and influential legislature-based foresight unit, the Committee for the Future in the Finnish Eduskunta. We extract three general mechanisms through which parliamentary future committees could make a valuable contribution to national-level strategic foresight: (1) they can improve the quality of future-regarding policymaking by broadening and consolidating national foresight “ecosystems”; (2) they can strengthen the transparency and accountability of the foresight work of political executives; and (3) they can enhance the legitimacy of anticipatory governance by connecting broader democratic publics to foresight work through more inclusive participatory processes.
This article offers an innovative way of understanding gender balance in parliaments. Motivated by research documenting how newcomers are disadvantaged during their first term in office, while senior members enjoy certain privileges, we want to find out how common women are among senior members of parliaments. We launch an institutional approach comprising three seniority measures to study gender gaps in political endurance to find out whether, where, and when men are more likely than women to be parliamentary seniors. Our analysis using data from seven countries in Western Europe and two countries in North America (1965–2020) shows very high gender gaps across the three measures. Thus, despite an increased level of female representation, women still constitute a small part of the exclusive group of senior members of parliament. Our findings extend the research documenting that women and men largely have equally long parliamentary careers, emphasizing the need to understand gender balance in multidimensional terms.
The legislature has been one of the central institutions in the UK’s constitutional history, a forum in which major political events occurred and decisions were taken. The legislature projects constitutional values: its practice is based on the significance of representation, accountability, transparency, deliberation, contestation, and collective action. Moreover, the UK Parliament is the focus of the fundamental norm around which the constitution is structured.
The literature on congressional decision-making has largely ignored the influence of the minority party in the legislative process. This follows from the widely held belief that the majority party dominates the agenda-setting process. Though the minority party rarely achieves major policy success in Congress, we argue that the minority has significantly more influence over the legislative agenda than is commonly believed. We posit that, under some conditions, the minority has enough bargaining leverage to get floor votes on their proposals, in the form of both amendments and bills. We test our theoretical expectations with a novel design utilizing whip count data from the House and show that when a whip count on a bill occurs, the likelihood of a minority amendment disappointment and a majority amendment roll increases, respectively. This suggests that the more leverage the minority party has, the more we see their legislative proposals on the floor.
Members of some legislatures enjoy long political careers, whereas elsewhere turnover is rampant. This variation is consequential since high-incumbency assemblies may facilitate legislative expertise at the expense of social representation. We explore cross-national differences in re-election (incumbency) rates by identifying ‘supply’ conditions such as legislative resources that benefit incumbents as well as ‘demand’ conditions such as political corruption that affect voters' willingness to re-elect incumbents. We hypothesize that legislative perquisites help incumbents win re-election, but only if there is relatively high public confidence in politics, as reflected in low corruption levels. We tested our argument using OLS and instrumental variable regression and new global data on sixty-eight democracies (2000–18) covering 288 elections and over 55,000 legislators. We found that legislative resources help incumbents get re-elected only under relatively low levels of political corruption. In contrast, under severe corruption, such resources can depress re-election rates.