The Politics of Judicial Procedures: The Role of Public Oral Hearings in the German Constitutional Court

Modern liberal democracies typically depend on courts with the power of constitutional review to ensure that elected officials do not breach their constitutional obligations. The efficacy of this review, however, can depend on the public observing such breaches. One resource available to many of the world's constitutional courts to influence the public's ability to do so is public oral hearings. Drawing on the comparative judicial literature on separation of powers, public awareness, and noncompliance, I develop a formal model of public oral hearings. The model provides empirical implications for when a court will hold public oral hearings and how hearings correspond to a court's willingness to rule against elected officials. An empirical analysis of hearings at the German Constitutional Court supports the model's prediction that courts use hearings as a resource to address potential noncompliance.     

Political Efficacy through Deliberative Participation in Urban China: A Case Study on Public Hearings

Since the early 2000s, local governments in China have been holding public hearings to solicit opinion from state, city and township residents about legal and administrative issues. Having begun with a relatively small participation rate, in the last 10 years public hearings have achieved sustainable growth in their frequency and visibility in mainstream and social media. Given that public hearings do not offer decision-making power, the increased participation rate reveals an influence not necessarily on public policy making, but on urban citizens’ attitudes towards available participatory and deliberative mechanisms. This article refers to three bodies of literature: political efficacy, deliberative democracy, and social movements. The literature on political efficacy reveals the link between political attitudes and behaviors. The literature on deliberative democracy is an important part of the analysis because Chinese public hearings are based on deliberative designs imported from North America and Western Europe. The literature on social movements complements the deliberative analysis undertaken in an authoritarian context by providing it with conceptual tools to adapt to this new setting. The public hearings held in Guiyang (Guizhou), Wuhan (Hubei) and Qingdao (Shandong) in 2010 and 2011 are used as case studies to demonstrate participation demographics and the impact of public hearing participation on city dwellers. This article investigates the impact of participation in public hearings on the political efficacy of Chinese citizens, and, based on the results, contends that such participation equips the participants with an increased level of political efficacy, and enables the development of political networks and citizen strategies that help to constrain local officials.     

Critical Factors for Enhancing Municipal Public Hearings

Although public hearings are the most common form of citizen input, they often fail to achieve their objectives. This nationwide survey of city administrators identifies factors that contribute most to successful public hearings. The most successful hearings have (1) a greater number of prehearing educational methods, (2) more media types and greater media frequency in the formal presentation, (3) more control over speakers' presentation time, (4) greater use of open follow-up meetings, and (5) more use of newspaper and direct mail to communicate posthearing decisions to the public. The qualitative data reveal city managers' 10 critical factors that are essential to the success of public hearings: effectively notifying and educating the public before the hearing; carefully planning the meeting; giving a clear, media-rich presentation of the issues; properly facilitating the meeting; and conducting appropriate follow-up.     

Beyond the media's explanation: Examining the determinants of attitudes toward torture

The question of what constitutes torture has perhaps never held as prominent a place in US political discourse as it has since the attacks on 9/11. This has fueled a national conversation that causes us to consider to what extent do our actions as a nation reflect our values as a nation? In a post 9/11 world in which the country will confront terrorism at home and abroad and our values will be tested we should strive for a better understanding of citizens' attitudes towards the practices that are (and have been) used to counter terrorism. To the extent that democratic theory is correct in necessitating public policy and public opinions to be reasonably congruent, understanding the distribution and formation of citizen attitudes towards torture is an important endeavor.     

THE MULTI-DIMENSIONAL NATURE OF ATTITUDES TOWARDS PUBLIC SERVANTS

Abstract: There is relatively little published research which assesses the public's attitudes toward public servants and public servants' attitudes toward themselves. In this study a 36 item semantic differential scale was designed and administered to 182 graduate clerks in the Australian Public Service late in 1974. A factor analysis of the responses gave nine independent dimensions of attitudes toward public servants, namely Orientation Toward Change; Trust and Reliability; Intellectual Orientation; Cooperativeness; Power and Strength; Interpersonal Relations; Stability; Decisiveness; and Work Orientation. The graduate clerks, when evaluating Australian public servants in relation to these dimensions, saw them as resistant to change, rule-bound, dull, indecisive, and lacking in the work ethic, although trustworthy, educated, helpful, friendly and secure. Are these perceptions accurate? Quite probably the images are a reasonable representation of what they have experienced in their first year's employment. In answer to the question are the attitudes of graduate clerks reflected in their behaviour, it could be pointed out that their attrition rate is quite high and over 40 per cent indicated dissatisfaction with their jobs. Perhaps, though, the graduate clerks expected too much of the public service at that time, and the portrait of the public service was not as negative as many critics would have expected.     

Liberal Nationalism,Imagined Immigration and the Progressive Dilemma

The article critically evaluates liberal nationalist perspectives on immigration by drawing on findings from a qualitative research project undertaken in 2014 among White British interviewees in England. From one perspective the study's participants' attitudes seem to support arguments made by David Goodhart and other liberal nationalists regarding immigration, social trust and integration. However, further analysis suggests that these attitudes are to a very significant extent drawn first from partially imagined ideas surrounding immigration and second from potentially unreliable sources. These findings thus provoke the question of whether social trust and notions of a national community are actually being disrupted by immigration, or whether they are being disrupted by prejudiced nationalist and xenophobic perceptions about immigration and immigrants. The article will conclude by arguing for more nuanced research into attitudes towards immigration and in favour of a sceptical approach to nationalist frameworks for interpreting society and politics in Britain today.     

No Accounting for Tax Avoidance

In the 2010–15 Parliaments, the UK House of Commons Committee of Public Accounts held hearings and investigated some of the operations of the tax avoidance industry. Its reports have been highly critical of the role of big accountancy firms in designing, marketing and implementing tax avoidance schemes which have enabled their clients to avoid taxes. The Committee's recommendations set a reform agenda but drew a lukewarm response from the government. An examination of the Committee's reports provides an indication of the trajectories of future debates and policies.     

Making Austerity Popular: The Media and Mass Attitudes toward Fiscal Policy

What explains variation in individual attitudes toward government deficits? Although macroeconomic stance is of paramount importance for contemporary governments, our understanding of its popular politics is limited. We argue that popular attitudes regarding austerity are influenced by media (and wider elite) framing. Information necessary to form preferences on the deficit is not provided neutrally, and its provision shapes how voters understand their interests. A wide range of evidence from Britain between 2010 and 2015 supports this claim. In the British Election Study, deficit attitudes vary systematically with the source of news consumption, even controlling for party identification. A structural topic model of two major newspapers' reporting shows that content varies systematically with respect to coverage of public borrowing—in ways that intuitively accord with the attitudes of their readership. Finally, a survey experiment suggests causation from media to attitudes: deficit preferences change based on the presentation of deficit information.     

IMPACT ASSESSMENT AND POLICY FAILURE: THE NUCLEAR WASTE POLICY ACT OF 1982

We examine the role of environmental assessments in the siting process mandated under the ambitious Nuclear Waste Policy Act of 1982. We analyze the effect of these assessments in both the western and eastern United States using the original documents, critiques of the methodology of the assessments, and public comments on the siting process, including a content analysis of hearings in Wisconsin and Maine. We conclude that the major effect of the assessments on the policy process was to stimulate public and state opposition to the Department of Energy's efforts to implement NWPA, leading to what could be called policy failure and a significant redirection of the act by Congress in late 1987. The paper represents an early report of a more comprehensive and ongoing study of the politics of nuclear waste disposal.     

Impact of “U.S. Veterans' Access,Choice and Accountability Act of 2014” on employee morale and work behavior: Does “creating an at‐will workplace” lead to better outcomes?

This study estimates the impact of job security rule changes on federal civilian employees' work attitudes and behavior (i.e., job satisfaction and turnover intention) by looking at recent U.S. Department of Veterans Affairs (VA)'s Veterans' Access, Choice and Accountability Act (VACAA) of 2014. The data for the analysis are derived from the 2010, 2011, 2013, 2014, and 2015 U.S. Federal Employee Viewpoint Surveys. A difference‐in‐differences quasiexperimental methodology was used to examine the effect of a job security rule change on VA employee job satisfaction and turnover intention. This study's results indicate that the overall effect of the introduction of a new job security rule at VA is a decrease of approximately 7 percentage points in employee job satisfaction and 8 percentage points in employee turnover intention, which are a substantial effect. This study contributes to both the theoretical and the empirical understanding of at‐will employment systems and public employee work morale and attitudes.     

The Role of Psychological Climate on Public Sector Employees' Organizational Commitment: An Empirical Assessment for Three Occupational Groups

ABSTRACT

In an effort to understand how proximal work environment shapes public sector employees' work attitudes, this study examined how perceptions of psychological climate were related to the extent of affective commitment in three occupational groups: clerical, professional, and managerial/executive. Data were gathered from 267 employees in 11 New York State agencies. Results indicated that the strength of association between measures of psychological climate and affective commitment varied across occupational groups. Implications of these results with respect to developing effective strategies for enhancing public sector employees' organizational commitment are discussed in detail.     

Mitigating Mistrust? Participation and Expertise in Hydraulic Fracturing Governance

In Canada's Yukon Territory, a legislative committee was tasked with assessing the risks and benefits of hydraulic fracturing. The committee designed an extensive participatory process involving citizens and experts; however, instead of information access and public hearings fostering an open dialogue and trust, these two channels failed to de‐polarize debates over hydraulic fracturing. We argue that mistrust was reinforced because (1) weak participatory processes undermined the goals of public involvement, (2) scientific evidence and scientists themselves were not accepted as neutral or apolitical, and (3) strategic fostering of mistrust by actors on both sides of a polarized issue intensified existing doubt about the integrity and credibility of the process. The implications of a failure to restore trust in government are significant, not only for the issue of hydraulic fracturing, but for governance more broadly, as mistrust has spillover effects for subsequent public negotiations.     

The Accountability Priorities of Australian Parliamentarians

Managerialist reforms to the public service, as part of the drive for improved efficiency and effectiveness, sought to reorient the accountability priorities of parliamentarians away from a supposedly excessive concern with process and results and more towards results (outputs and outcomes). To what extent, if any, have the accountability priorities of parliamentarians changed over the last two decades? Content analysis of a sample of estimates committee hearings dealing with six departments over three selected years (1986, 1992 and 2003) reveals a marked increase in attention to outputs and a correspondingly decreased focus on inputs (with little change in concern for process), thus confirming a managerialist trend. At the same time, Senators' explicit references to departments' budget documentation and annual reports fell away noticeably with the introduction of the outcomes and outputs framework which is therefore failing their accountability needs.     

The Public/Private Cleavage in a Welfare State: Attitudes Toward Public Management Reform

This study contributes to the growing literature on differences in attitudes between public and private sector employees, particularly with respect to their receptivity or resistance to public management reforms. We begin by asking the question: to what degree does perceived self-interest play a role in accounting for attitudes toward public management reforms such as downsizing, privatization, and public spending? Using attitudinal data from Sweden, a social welfare state with a large public bureaucracy, a tension is observed both among public employees in different levels of government and between public and private sector employees. In the context of public management reforms, national government employees emerge as more right-leaning politically and more supportive of public management reforms than those working in local government. The analysis finds, particularly among national government employees, that while interest as measured here is strongly related to attitudes toward reform, status as a public employee and status as a public bureaucrat are not as significant as other components of interest in accounting for attitudes toward public management reform.     

Public Opinion and Military Intervention: Afghanistan,Iraq and Libya

Britain has participated in several military interventions of varying duration, extent and political controversy in recent years. This article analyses public opinion towards the most recent intervention in Libya in 2011, looking at three different aspects of the topic. First, it examines differences in cross‐national attitudes towards military action in Libya amongst NATO countries. Secondly, it then looks in detail at which social groups were more or less likely to approve of British involvement, comparing this with group attitudes towards Britain's role in Afghanistan and Iraq. Thirdly, it assesses how public opinion shifted during the course of the action in Libya, looking at three key indicators of the popular mood: whether Britain was right or wrong to take military action; how well the war is going; and assessments of David Cameron's handling of the conflict. Broader reflections are then made about public opinion towards British involvement in future military action.     

Do Partners in PPPs view Public and Private Management Differently?

Differences between public and private management have been studied extensively by comparing sectors, but not within cross‐sectoral collaborative arrangements. As participants in such arrangements have actually experienced both management styles, examining their perceptions of how these styles differ may contribute innovatively to existing literature. This paper compares such perceptions between public and private sector project members (N = 63) involved in four PPPs in the Netherlands. We assess (1) to what extent and under which conditions these project members view public and private management differently and (2) how they evaluate these differences. By triangulating quantitative and qualitative interview data, we examine Boyne's classical hypotheses and find that more than two‐thirds of the statements making reference to these hypotheses offer support for them; more so, the vast majority of such statements evaluate sectoral differences negatively. Intriguingly, type of PPP is a stronger determinant of perceived differences than the manager's sector of origin.     

Divided by the Market,Divided by the State: Distribution,Redistribution and Welfare Attitudes in 47 Countries

This article examines the impact of income inequality and welfare state context on the extent to which the rich and poor share similar attitudes towards redistribution. It asks whether and how differences in attitudes, particularly those between income groups, are shaped by inequality and redistributive efforts. Based on a multi‐level analysis of individual survey data across 47 countries at three points in time, the article shows that such an interaction of individual characteristics and the macro‐context indeed matters considerably. While material self‐interest, unsurprisingly, explains part of the individual differences, the analysis also shows, for the first time, that both high inequality and strongly redistributive policies divide public opinion along the lines of socioeconomic position. Put differently, while market inequality may be associated with less cohesive attitudes, a highly redistributive welfare state does not seem to foster agreement among the public, either. These findings have important policy implications for advanced welfare states, including a renewed emphasis on ‘predistribution’ (i.e., policies that influence the primary distribution of income) in order to avoid the scenario of intensified redistributive conflicts.     

The Public Cost of Unilateral Action

Scholarship on democratic responsiveness focuses on whether political outcomes reflect public opinion but overlooks attitudes toward how power is used to achieve those policies. We argue that public attitudes toward unilateral action lead to negative evaluations of presidents who exercise unilateral powers and policies achieved through their use. Evidence from two studies supports our argument. In three nationally representative survey experiments conducted across a range of policy domains, we find that the public reacts negatively when policies are achieved through unilateral powers instead of through legislation passed by Congress. We further show these costs are greatest among respondents who support the president's policy goals. In an observational study, we show that attitudes toward unilateral action in the abstract affect how respondents evaluate policies achieved through unilateral action by presidents from Lincoln to Obama. Our results suggest that public opinion may constrain presidents' use of unilateral powers.     

The emerging political economy of austerity in Britain

This paper uses data from the British Election Study's Continuous Monitoring Surveys to investigate reactions of the British public to the economic crisis and the austerity policies the Conservative–Liberal Democrat coalition government has adopted to deal with it. Multivariate models informed by competing valence and positional theories of electoral choice are employed to study the impact of these reactions on support for the Conservative Party and Prime Minister David Cameron and evaluations of the Conservatives' ability to handle important issues. Analyses indicate that there is widespread and growing pessimism about the prospects of resolving the economic crisis in the near future. Since the crisis began in 2008, the dynamics of these bearish attitudes have been closely linked to rising unemployment rates. Differing positions regarding the Coalition's austerity policies exert sizable effects on party support, but these attitudes have not negated the force of valence politics considerations such as party leader images, partisan attachments and global assessments of party performance.