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This chapter explains why right-wing strategies of adaptation and survival had varying degrees of success during and after the left turn. It argues that right-wing parties were most likely to survive and remain competitive in national elections when they relied on strong party brands and organizations. These strong party brands and organizations depended, in turn, on when the parties were founded and whether they had roots in an authoritarian regime.
Although the 13 United States courts of appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics but also to many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each court of appeals. In-depth interviews of the chief judges of all 13 circuits and surveys of all clerks of court reveal previously undisclosed practices and customs.
We conduct a global, large-N analysis of proportionality in the partisan distribution of cabinet portfolios. Formulated in the context of postwar Western European parliamentary democracy, Gamson’s Law predicts that parties joining a coalition government will receive cabinet ministries in direct proportion to the seats they are contributing to the coalition on the floor of the legislature. Using a sample of 1551 country-years of coalitional government in 97 countries from 1966 to 2019, and comparing all main constitutional formats (parliamentary, presidential, and semi-presidential), we find that Gamson’s Law does not travel well outside its context of origin. Among the constitutional predictors of cabinet proportionality, we find that pure presidentialism is a major outlier, with an exaggerated form of formateur advantage. Introducing party-system and assembly-level predictors to the debate, we find that party institutionalization tends to increase fairness in portfolio allocation within parliamentary systems only.
This research note contributes updated and extended point estimates of the ideological positions of Brazilian political parties and novel estimates of the positions of all presidents since redemocratization in 1985. Presidents and parties are jointly responsible for the operability of Brazil’s version of coalitional presidentialism. Locating these key political actors in a unidimensional left–right space over time reveals rising challenges to the institutional matrix, particularly since 2013. Ideological polarization among parties has sharply increased, presidents have become more distant from Congress, and the political center has become increasingly vacated. Coalitional presidentialism is being subjected to unprecedented ideological stress as President Luiz Inácio Lula da Silva begins his third term in office.
Many of the justifications for the electoral college focus on maintaining the harmony and cohesion of the Republic. Upon closer scrutiny, however, we find that the electoral college does not contain the results of fraud and accidental circumstances within states. Instead, it magnifies their consequences for the outcome nationally. Direct election, by contrast, would create disincentives for fraud and recounts. Similarly, the electoral college does not produce concurrent majorities around the country and force winning candidates to moderate their stances to appeal successfully to all segments of society and all geographic locations. Equally problematic is the view that victory in the electoral college ensures presidents effective coalitions for governing. Moreover, the electoral college does not produce compromise within states, and it is fundamentally different from constitutional provisions that require supermajorities to take positive action. The electoral college produces neither majority-vote victories for presidents nor mandates for their governing. It is also not a bastion of federalism. Direct election of the president would not diminish the role of state and local parties and officials or the nominating conventions, and national standards for elections are already in place and not to be feared.
At the core of the democratic process is the view that “all votes must be counted as equal.” In an election for a national officeholder, each voter has a right to expect that he or she will stand in the same relation to the national official as every other voter. It is more important than ever that we act on our best principles and not our worst instincts. Understanding the flawed foundations of the electoral college is the critical first step on the road to reforming the system of presidential selection. Given its many advantages of direct election of the president for the polity, the United States should adopt direct election of the president. The president and vice president are the only national officials who represent the people as a whole, and the candidate who wins the most votes best approximates the choice of the people. This is the essence of “the consent of the governed.”
Most critics of direct election of the president assume that it would require a runoff provision. Although it is possible that such a rule would encourage third-party candidacies, there is no need to institute a runoff under direct election of the president. Advocates of the electoral college are correct that America is better off without a second-ballot runoff election. They are incorrect, however, that the electoral college is the only way to avoid such a runoff. Although there is no voting system that guarantees that the most preferred candidate will win, both plurality election and ranked choice voting are more likely to produce the Condorcet winner than the electoral college. Neither system requires a second ballot. The electoral college is not essential for a two-party system and actually encourages third parties to run presidential candidates and discourages party competition in many states. There is no evidence that direct election of the president would polarize political parties. Similarly, there would be little incentive for secret deals under direct election and severe constraints on the bargains third parties could make. Moreover, there is much less chance of such deals under direct election than under the contingent election provision of the electoral college.
The electoral college is the extraordinarily complex mechanism by which Americans choose their president. Is there any justification for such a system, which may elect the candidate who does not receive the most votes? Today, with two of the last five presidential elections having gone to the popular vote loser and the debacle following the 2020 election, the electoral college's flaws are more apparent than ever. In this fourth edition of the definitive book on the electoral college, George Edwards employs rigorous analysis and systemic data to show how the system violates core democratic principles and does not provide the benefits its advocates claim. With a new chapter focusing on the 2020 election, Edwards addresses justifications for the electoral college that were popular among Trump supporters following the 2016 and 2020 elections. Edwards concludes by offering a straightforward approach to selecting the president that maximizes political equality.
There is a boom in the power of right-wing parties that are becoming government parties in Latin America and Europe. It has been pointed out that these are distinguished from traditional right-wing parties by their common ideology that transcends national contexts, which is why they have been grouped as New Right-wing parties. This article questions whether these parties share ideological themes or whether they are heterogeneous and obey national interests. This study systemizes the New Right-wing parties’ programs and classifies them to answer the question. This corpus is then studied through frequency, network, and principal component analysis. Two conclusions are reached from this. First, these parties agree on issues such as provider States and nationalist claims, and, second, their programs have diverse themes that do not show the formation of an identifiable transnational ideological agenda in their programs. Consequently, grouping these parties as an ideologically homogeneous phenomenon can make invisible the fact that they are parties that adjust to particular demands of their political environment, in a logic that obeys more catch-all parties than ideological and dogmatic parties.
Political parties face a crucial trade-off between electoral and partisan goals: should they put electoral goals first, pursuing the policies they think will win them the most votes in the next election, or should they put partisan goals first, pursuing the policies their members, activists, and most loyal voters prefer? In this paper we argue that main political parties make different choices depending on the information environment they are in. They have strong incentives to follow the median voter when the median voter's position is well known, but when there is more uncertainty they have strong incentives to adopt policies they prefer for partisan reasons, since uncertainty makes party leaders more willing to bet that the party's preferred policies are also vote winners. We develop an empirical analysis of how the main parties on the left and the right in twenty democracies have changed their platforms from election to election since the 1960s.
This chapter addresses the parties to international arbitration agreements. It follows the standard distinction between signatories (those persons whose names appear on the arbitration agreement – or the contract that includes an arbitration clause) and nonsignatories (those persons whose names do not appear on the arbitration agreement but are nonetheless bound by or entitled to invoke it). Part I addresses the treatment of ‘parties’ in the New York Convention and national arbitration laws governing international commercial arbitration, and the ICSID Convention governing (many) investor-State arbitrations. Part II examines the theories under which affected others – that is, nonsignatories to an international arbitration agreement – might nonetheless be bound, likewise first in international commercial arbitration and then in investor-State arbitration. Finally, Part III discusses the available empirical evidence on the parties to international commercial arbitration and investor-State arbitration proceedings.
The ramifications of election violence in Zimbabwe are huge and ongoing, and the loss of lives in the quest for democratic rights might be regarded as the foremost tragedy of post-colonial Zimbabwe. In this book, Vimbai Chaumba Kwashirai examines the prevalence of electoral violence in Zimbabwe from the early 1980s to the present day. With a range of rich examples, Kwashirai offers a nuanced analysis of the overt and covert forms of violence that have pervaded the country's general elections. While remaining attentive to the specifics of the Zimbabwean political landscape, Kwashirai addresses broader debates in African politics, and shows how insidious violence, ethnic tensions and the weakness of opposition parties serve to undermine democracy across Africa. Adopting an interdisciplinary approach, he explores the various ways in which violence can be understood and, crucially, how it might be prevented.
[5.1] Judges are required to be independent in statutory interpretation in two main senses. First, they are independent in the sense of sovereign. In Australian law, judges are the sole authoritative arbiters of the meaning of legislation.
This article demonstrates that deindustrialization increases ethnonational mobilization. We maintain that levels of mobilization of ethnonational movements are to an important extent a residual to the class cleavage, that is, to the degree the class conflict dominates political competition. Since in the context of Western Europe industrialism is the main force behind the class cleavage, deindustrialization weakens this cleavage and allows instead for mobilization along ethnonational divisions. In order to empirically test our argument, we analyze levels of electoral mobilization of ethnonational party blocs among 15 Western European minorities between 1918 and 2018. Our analysis clearly reveals that levels of industrialization are negatively related to ethnonational mobilization. However, this is only true for regions with historically high levels of industrialization and if the ethnonational movement is unified. The article contributes to the comparative literature on the electoral performance of ethnonational parties and the literature on deindustrialization and nationalism.
Do parties relegate female ministers to portfolios that are politically less important for them? This research note contributes to this debate and examines whether the issue salience of parties for specific policy areas has an effect on the nomination of a female minister. Previous theoretical work assumes that party leaders will be more likely to select men for those portfolios that are highly salient for the party. To test this assumption empirically, the paper analyzes the appointment of women cabinet members in the German states between 2006 and 2021. Notably, the findings contradict the theoretical expectations as well as previous empirical results from a cross-national study: On the German sub-national level the nomination of a female minister is more likely if the respective portfolio is highly salient for the governing party. Parties and their policy-preferences seem to be an important factor in explaining the share of women in sub-national cabinets.
Parties have emerged as a central concern of comparative constitutional law, and for good reason. Parties should be at the forefront of descriptive analyses of how constitutions function. In practice, for instance, the separation of powers depends heavily on the shape of the party system, as do many other aspects of constitutional performance.1 Moreover, breakdowns of party systems have been a significant factor in explaining recent episodes of democratic erosion or breakdown.2 In other words, crises of liberal democratic constitutionalism are often caused by crises in party systems.
But what is more challenging is developing a normative theory linking constitutions and parties. In other words, to what extent can constitutions (or comparative constitutional law) prevent or fix breakdowns in party systems? On that question, this chapter offers some skepticism, or at least outlines a series of challenges.
Section 17.2 develops a brief map of the different ways in which party systems break down.
According to partisan theory, variations in policy choices and outputs originate from the party composition of the government studied. In this study, we take a novel approach to address such assumptions by linking changes in municipal taxes with local government changes. We also add a baseline scenario in which we examine whether the composition of the local government affects tax levels. Drawing on a dataset that contains official Swedish statistics from 1994 to 2018, we find convincing support for the partisan effect. Tax levels are higher under left-wing rule, and more specifically, tax cuts particularly occur when left-wing governments are replaced by right-wing ones. These results do not vanish when controls are accounted for, while it can be particularly noticed that the condition of the municipal economy influences partisan ambitions. These findings thereby contradict prior theoretical assumptions that the local arena is free from ideological battles.
A substantial body of research has found biased recruitment in a variety of societal spheres. We study selection in the judiciary, a domain that has received less attention than the economic and political spheres. Our field experiment took place in the midst of a Swedish government campaign encouraging ordinary citizens to contact local parties, which are responsible for recruiting lay judges (jurors) and put themselves forward as lay judge candidates. Parties’ responsiveness to citizen requests does not seem to favor their own sympathizers, does not vary at all with signals of gender, and is only marginally affected by ethnicity and age. Given the potential importance of ideology and identity in judicial decision-making, the finding that there is little bias with respect to these factors at this first stage of the recruitment process is reassuring from the perspective of impartiality.
The metal-mining boom Latin America experienced in recent decades precipitated highly contentious anti-mining social movements in Central America. In this context, El Salvador became the first country in the world to ban all metal mining by law. In contrast, policy in nearby Guatemala, Honduras and Nicaragua remained pro-mining. These cases are compared using a most similar systems design. Comparison reveals the importance of three variables: how national economic-elite networks and interests relate to multinational corporations; national movement coordination and goals, specifically in relation to prohibition; and how parties and leaders relied on popular bases or capital. These factors shaped the contention between elites and movements that influenced state actions around mining and led to this ‘least likely case’ of extractive policy change in El Salvador.
This article explains why only some post-neoliberal populists successfully keep themselves in power, thereby dominating political systems over the long term. Based on cross-regional dual paired comparisons of ‘crucial’ cases in the Andes and Central Europe, it advances a theory emphasizing societal reactions rooted in prior neoliberal critical junctures. I argue that where well-established and programmatic social democratic parties engaged in bait-and-switch reforms, subsequent populists mobilized extensive electoral coalitions with core support from former leftist constituents, based on which they built organizational capacities for the provision of national public goods that reinforced their popularity over the long term. By contrast, where personalistic leaders politicized regionally based divides through identity-priming appeals and then disproportionately hurt core supporters through bait-and-switch reforms, subsequent populists mobilized more segmented electoral coalitions, built less cohesive parties and provided limited public goods, which undermined their popularity as incumbents. By underscoring parallels in two different world regions, the article challenges institutionalist accounts of populist domination and offers a novel societally focused perspective.