The Past and Present: A Note on the Civil Service of Kosovo: Discussing its Design,Independence, and Management

This article assesses Kosovo's post-independence efforts to reform the civil-service system and establish a merit-based civil-service system. It also provides an overview of the relationship between civil service and other political institutions and asks whether the constitutional choices have—to a certain degree—influenced the existing design of the civil service. Moreover, the article exposes the current trend of politicization and describes the models through which the latter is developing. Finally, the article asks whether the current system of recruitment, promotion, and appointment of senior managing staff preconditions a political civil-service system.     

EMERGING FROM POST-COMMUNIST CHAOS: THE CASE OF BULGARIA

This essay provides a historical analysis of how the post-Communist constitutional process has shaped the current governmental system in Bulgaria. History and recent events marking Bulgaria's struggle toward democracy and a free-market economy are examined in the context of possible consequences for the nation's welfare, freedom, and prosperity. The extremely powerful political influence of the central government has led to unprecedented obstacles to reform in both the emerging Bulgarian democracy and its social policies and systems.     

Islam in Tanzania and Kenya: Ally or Threat in the War on Terror?

This article explores the historical emergence of Islam in East Africa, details the political background of Tanzania and Kenya, the role of Islam in each country, and U.S. foreign policy in the region. The recent U.S. strategy of intelligence-sharing with Kenya, training and military support to both Kenya and Tanzania, and air strikes in Somalia are assessed. In addition to the current military emphasis, the United States should incorporate more “soft” options, such as the promotion of democratic governance in these nascent democracies through political assistance in constitutional, judicial, and law-enforcement reform, as well as encouraging greater inclusion of Muslims in the political system.     

Constrained, pragmatic pro-democratic appraising constitutional review courts in post-Soviet politics

This paper conceptualizes the behavior of higher courts in the politics of former Soviet republics and attempts to set up a framework for the study of democratic contributions by post-Soviet constitutional courts. Although political expediency is noted to be the central driving force behind the judges’ decisions in politically sensitive cases, as courts are subject to different constraints from quasi-autocratic executives, it is argued that constitutional review tribunals are generally pro-democratic in their political orientation and that they can become the allies of pro-democratic parties in transitional periods of elite change. To support this proposition, this paper proceeds from a series of theoretical arguments to empirical observation of judicial behavior in times of political uncertainty, the latter being a perfect test for probing the political orientation of the courts.     

Nation-state, nationalism, and the prospects for democratization in East Central Europe

Recent political developments in East Central Europe have resulted in contradictory and ambivalent tendencies towards the nation-state in post-communist democracies. The liberation from Soviet influence and the dissolution of the Soviet Empire have created political space for the reconstruction of sovereignty in former Soviet-dominated states. This liberation and the institutionalization of new constitutional structures has become a “national” issue. The reaffirmation and resurrection of national unity, national traditions, national culture, and national interest are current themes in post-communist politics.     

Institutional resilience of Taiwan’s semi-presidential system: the integration of the president and premier under party politics

Over the past three decades, the semi-presidentialism has been adopted in most new democracies. It is also the constitutional order in most democracies, which can be divided into three categories: established, post-Leninist, and postcolonial democracies. Semi-presidentialism is a political system with dual executive branches. Moreover, because of these dual executive branches, the constitutional order of semi-presidentialism might be similar to a presidential system if the president is the de facto head of government. It might also be similar to a parliamentary system if the prime minister is the de facto head of government with the support of the parliamentary majority. Taiwan has been considered as a semi-presidential country since 1997. According to Taiwan’s constitutional amendments, its president is directly elected, and the premier (prime minister) and cabinet are responsible to the legislature. Dual executive system in Taiwan has been effective and flexible. I attempt to examine the institutional resilience of Taiwan’s constitutional function, which means that, in properly responding to social movements, its government has continued to function well. In addition, the president has been able to continue serving in office in spite of political crises. A vague constitutional design and a presidentialized party system are two reasons for this.     

Contestable constitutions: Ambiguity,conflict, and change in East Central European dual executive systems

This article investigates how ambiguous constitutional design affected president–cabinet relations and constitutional change in post-communist Poland and Hungary. Constitutional provisions related to the prerogatives of presidents and governments were frequently subject to political conflict during the 1990s. The power struggle in the two cases developed and consolidated along two distinct pathways. In Poland, failed attempts to modify the constitution initially stirred up and extended intra-executive conflicts. With the adoption of a new constitution in 1997 the struggle over power between president and council of ministers was finally settled. In Hungary constitutional court rulings were instrumental in the settlement of president–cabinet conflicts.     

Current challenges of the mexican state and of mexican public administration

This article deals with the problems that the Mexican government will need to face in order to go on with the reform of the state. The cycle of such a reform (privatization, liberalization and democratization) is already closing down. While ending this process, however, Mexico also started to see an increasing number of demands calling for administrative reform and, above all, the federalization of government and public administration. This is what the author calls the strategic agenda of the Mexican government.

In order to implement the administrative reform, the author favors enhancing the accountability of the Mexican government, by increasing public participation in the policy and decision making processes. With regard to the federalization of government and public administration, Aguilar proposes the implementation of policy tools never used in Mexico, such as fiscal federalism (categorical and block grants, for instance), together with new constitutional, political and administrative arrangements.     

Public Administrators Under Democratic Governance in Ghana

The politicization of the public service has been the subject of scholarly interest and debate. This article based on a desk study makes a contribution to this debate by examining the constitutional, legal, and political framework and environment within which public administrators operate in Ghana since the return to constitutional rule in 1993. It discusses the participation of public administrators in partisan politics and the challenges faced as well as benchmarking the Ghanaian experience against some countries. The article found that there has been growing politicization of the public service and an increase in the number of public administrators in partisan politics. The Ghanaian case reinforces the highly intense political environment within which public administrators operate and the myth of the politics-administration dichotomy.     

Legitimacy‐Building in the Macau special administrative region: Colonial legacies and reform strategies

The retrocession of Macau to Mainland China's sovereignty since December 20, 1999 has initiated an unprecedented process of legitimacy‐building in the new Special Administrative Region. The Chief Executive, Edmund Ho, has implemented a multiplicity of reform strategies for the sake of consolidating his legitimacy. The twilight of the Portuguese colonial era was plagued by a rapid deterioration in law and order and the persistence in public maladministration, thus weakening the departing colonial regime's performance legitimacy seriously. As such, the political environment was conducive to Ho's herculean efforts at establishing his performance legitimacy. While the new Chief Executive's procedure legitimacy was enhanced by his election from an Election Committee composed of political elites, Ho's performance legitimacy has been buttressed by depoliticisation, economic development, civil service reforms, and new constitutional conventions. The abolition of the Municipal Councils in 2000 ran the risk of delegitimising the Ho regime. Yet, such delegitimisation was by no means serious given the relatively weak political opposition. Still, in the face of a more active and assertive citizenry, political reforms will have to be pondered and implemented by the post‐colonial regime in Macau. It will be necessary for the Macau government to utilise democratic reforms in a bid to preempt the increasingly vociferous demands for more participatory channels. The case of Macau corroborates the existence of a dialectical process of legitimisation, which has been strengthened mainly by depoliticisation and economic development, and delegitimisation, which is looming in the midst of a steadily growing political activeness on the part of the Macau people.     

Explaining Ethnic Autonomy Regimes in Latin America

Through a systematic examination of nine cases, the author identifies factors that enabled indigenous movements in five Latin American countries to secure formal recognition of politico-territorial autonomy regimes. All nine cases occurred within the framework of a larger regime bargain—either (1) peace talks intended to end armed struggle when the regime faced a serious challenge to maintain political order or territorial control, or (2) a severe crisis of legitimacy and governability that forced political elites to renegotiate fundamental regime structures via the process of constitutional reform. In the five successful cases, changes in the political opportunity structure occurred that favored indigenous autonomy claimants. These changes were the opening of access to decision-making spheres and the emergence of an influential ally. Donna Lee Van Cott is assistant professor of political science at the University of Tennessee, Knoxville. She is author ofThe Friendly Liquidation of the Past: The Politics of Diversity in Latin America and editor ofIndigenous Peoples and Democracy in Latin America.     

The science of administration,the founders,and theories of political association

Drawing on the work of Michael Oakeshott, this paper seeks to examine the theory of political association underlying Luther Gulick and L. Urwick's Papers on the Science of Administration and to contrast this theory with that underlying the Constitution. It is argued that the authors of the Papers clearly viewed the state as a form of purposive association whereas the Founders of the Constitution in large part saw the state as a form of civil association. This explains the difficulties that reformers such as Gulick faced in realizing their vision of administration within our constitutional framework.

Luther Gulick and L. Urwick's Papers on the Science of Administration (1) represent one of the most important attempts at a synthesis of doctrines in the field of public administration prior to World War II. While the Papers exhibit a variety of approaches and views, they are best known for those authors who, like Gulick and Urwick themselves, took a more classical approach to administration. Such an approach rests on a belief in the virtues of hierarchy and centralization of authority and power in the chief executive; a belief in efficiency as the central value of administration; a belief that there must exist certain principles for good administration applicable to all organizations, regardless of institutional setting; and a belief that such principles are susceptible to empirical scientific discovery and verification. These doctrines, expounded so forcefully in the Papers, formed the basis for the administrative reform movement of the time including the President's Committee on Administrative Management, of which Gulick himself was a member. Indeed, the Papers continue to strongly influence modern efforts at administrative reform.(2)

The purpose of this article is to examine the particular vision of political association which seems to underlie the Papers, and to compare it with the vision of political association which guided the Founders of the Constitution. In doing so, the article will draw upon the political thinking of the late Michael Oakeshott, a British political theorist and philosopher. I shall argue that there is a tension between the vision of political association held by the authors of the Papers and that held by the Founders, and that this tension explains the failure of administrative reformers to reshape the administrative state along the lines of classical public administration doctrines.     

Privatization, Chinese-style: economic reform and the state-owned enterprises

This article reviews 'corporatization' and 'marketization', shorthands for privatization, in the Chinese economy. In particular it concentrates upon the most recent round of state-owned enterprise reforms, the Modern Enterprise System and Group Company System, aimed at transforming China's largest state-owned enterprises into internationally competitive corporations. This represents a partial privatization, given that the state will retain majority ownership, while acquiring domestic and foreign capital via sharelistings and foreign and domestic joint ventures.
Drawing upon interview material from a five-year study of state-owned enterprises, the authors will indicate that such part privatization has been pragmatic and relatively slow. It has been constrained and circumscribed by broader economic and social reform programmes and accompanied by political decentralization and reforms. Ultimately, the reform and pace of reform is shaped by the desire to avoid political and social unrest which could, potentially, threaten the harmony of the Chinese central state apparatus.     

Organized labor under military rule: the Nigerian labor movement, 1985–1992

This article examines the recent evolution of state-labor relations in Nigeria. The research indicates that the present military regime has maintained neocorporatist relations within the labor movement in order to limit union demands concerning political reform and economic restructuring. In addition, the study claims that the relative exclusion of organized labor from the reform process has undermined union support for the regime’s program of political liberalization. John P. Tuman is a lecturer in the department of labor studies and industrial relations and in the department, of political science at Pennsylvania State University. Currently, he is working on a study of unions and restructuring in the Mexican automobile industry. His other research interests include comparative industrial relations and the politics of developing areas.     

Plus ça change: Electoral law reform and the 2008 Romanian parliamentary elections

Romania reformed the law governing its parliamentary elections between 2004 and 2008, shifting from a complex proportional representation system based on county-level party lists to a complex uninominal system in which each district for the Chamber of Deputies and the Senate elects one representative. The change in law emerged after more than a year of heated political controversies, including partisan and personal animosity between President Basescu and Prime Minister Tariceanu, a failed attempt at impeachment, a deadlocked special electoral commission, a failed popular referendum, an unfavorable constitutional court ruling, and a confusing final accord brokered under deadline. Qualitative comparison of the 2004 and 2008 laws reveals that the heralded reform merely added an additional layer of calculation to the previous electoral system. Quantitative analysis using counterfactual estimation reveals that the new law had absolutely zero effect on the partisan outcome. In the conclusion, we explore the implications of these findings for Romanian politics and the politics of electoral reform more generally.     

The Logic of Constitutional Engineering: Institutional Design and Counterterrorism from Aristotle to Arend Lijphart

ABSTRACT

Originally conceived by Aristotle and Thomas Hobbes, comparative constitutional engineering in its modern form is a relatively new field of political science. It is based on the premise that political behavior and policy outcomes can be affected and shaped by institutional design such as, above all, electoral systems. The article provides an overview of the empirical literature underlying this branch of institutional counterterrorism. The article presents the logic of constitutional engineering from its classical origins and especially through the work of Arend Lijphart. It is suggested that Lijphart provides a new paradigm in the sense employed by Thomas Kuhn. The article provides original research in support of this showing that the presence of consensus institutions has better explanatory value than most social factors.     

The Fight Against Government Corruption in Romania: Irreversible Results or Sisyphean Challenge?

The fight against political, especially government, corruption has dominated Romanian political discourse for many years. However, the vast majority of the political elite have continuously opposed the prosecution and conviction of defendants of corruption crimes. After a long constitutional conflict that seriously inhibited the fight against government corruption between 2006 and 2009, law enforcement agencies finally began to experience some success. Nevertheless, the extent of government corruption has remained consistently high. This article analyses the struggles that have occurred between 2004 and 2013 in the fight against government corruption in Romania and particularly examines the interplay between formal and informal factors in this field.     

UK Ministerial Responsibility in 2002: The Tale of Two Resignations

The resignations in 2002 of Stephen Byers and Estelle Morris (UK Secretaries of State for Transport and Education respectively) suggest the need to review the constitutional and political aspects of resignation. In both cases, ministers recognized that they had failed in the oversight or supervision of their departments and thus in the fulfilment of their ministerial role. Their resignations therefore provide evidence of a move away from 'causal responsibility', with its complication of the policy/operations and accountability/responsibility distinctions, towards 'role responsibility'. In so doing, they raise the possibility that what are commonly understood as 'departmental fault' resignations may be more appropriately subsumed within an expanded category of personal fault. The resignations also challenge Finer's thesis on the conditions that need to be meet for a resignation to be forthcoming. In neither instance was the political party out for blood or the prime minister unbending. In both cases the press was relentless, suggesting that the media has become a prime actor in determining resignation, and the minister yielding, a recognition, perhaps, of constitutional principle over political pragmatism.     

Westminster No More? Governance,Devolution and Delegation in Scotland

Abstract

Politicians have returned frequently to the need to reform schools to achieve wider objectives of social reform and economic prosperity. Within the UK education systems, however, there have been differing experiences and approaches at both national (Scottish, English, Welsh and Northern Irish) and local levels towards school governance reform. School governance in Scotland remains distinct compared to the rest of the UK, both in terms of the pace of reform and the content. The pace of reform in Scotland has been slower and the content has been shaped to a greater extent by political and professional modes of accountability. This article argues that a new phase in school governance reform is likely to follow the election of the Scottish National Party (SNP) majority government in May 2011. A number of factors both external (international comparison of the school performance; the post 2008 politics of austerity) and internal (changes led by the SNP government to the policy-making process, namely outcomes-based policy-making) have placed debates about school autonomy and school governance on the political agenda.     

From semi-presidentialism to parliamentarism: Regime change and presidential power in Moldova

This article examines Moldova's constitutional change in 2000 from a semi-presidential to a parliamentary regime and analyses what the Moldovan case tells us about the nature of executive power. One of the interesting issues that this case raises is whether our definition of regime really captures the locus of political power. While Moldova has evolved from a semi-presidential to a parliamentary regime, the president is more powerful under the current regime than previous presidents were in a semi-presidential regime. The consolidation of the president's party in the parliament explains the concentration of executive power more than constitutional prerogatives.