Private association and public brand: the dualistic conception of political parties in the common law world

This paper examines the legal conception of political parties. It does so by unearthing the history and ontology of the common law relating to political parties in international perspective. The flexibility of the unincorporated association, in which parties are understood through the private law of contract as networks of internal rules or agreements, rather than as legal entities, has proven to be a mask. In the common law’s imagination, the ideal party is a ground-up organization animated by its membership. But the law mandates no such thing, and in its statutory and constitutional conception intra-party democracy may be sublimated as parties need be no more than an electoral persona or brand.     

Temporary legislation,better regulation,and experimentalist governance: An empirical study

This article presents the findings of an extensive multi‐method empirical study that explored the relationship between temporary legislation, better regulation, and experimentalist governance. Temporary (or “sunset”) legislation – statutory provisions enacted for a limited time and set to expire unless their validity is extended – is often hailed as a key tool for promoting experimental and better regulation. Despite the importance of temporary legislation and the burgeoning theoretical scholarship on the subject, there is still a dearth of empirical studies about how temporary legislation is used in practice. The lack of empirical evidence creates a lacuna in at least three areas of theoretical scholarship, concerning temporary legislation, better regulation, and experimentalist governance. This paper is a first step to fill this gap.     

Political parties and public investments: a comparative analysis of 22 Western democracies

When do political parties push for public investments in education, research, and infrastructure? Existing literature has mainly answered this question by pointing to parties’ state?market ideology. In contrast, this article presents a novel argument highlighting the role of parties’ aspirations to office and their ambitions to maximize votes. It builds on the idea that investments not only constitute redistributive tools for politicians, but also work as public means to foster economic growth in the long run. This unique feature makes investments attractive for parties with high office and vote aspirations, because they anticipate government responsibility in the future and can use investments’ dispersed growth effects to appeal broadly to a large, heterogeneous pool of voters. Support for this claim is found through time-series cross-sectional analyses of party manifestos from 22 Western democracies between 1947 and 2013. Results also indicate that parties’ positions on the second social value dimension matter.     

Religious parties and the problem of democratic political legitimacy

Thinkers committed to an ideal of public reason are suspicious of religiously informed political activity as it undermines democratic political legitimacy. This paper considers Jürgen Habermas’s recent shifts on this question in light of the history of Europe’s religious parties in the late 19th and early 20th centuries. These parties made a real and lasting contribution to Europe’s democratization and their history suggests ways in which Habermas and other defenders of public reason misunderstand the nature of democratic political legitimacy.     

Balancing experimentalist and hierarchical governance in European Union electricity and telecommunications regulation: A matter of degrees

While the widespread diffusion of experimentalism across sectors and polities is well documented, less is known about the extent of the shift to this non‐hierarchical form of governance, which continues to coexist with traditional hierarchical governance and involves more inclusive rulemaking and revision based on review of alternative implementation experiences. By comparing and process‐tracing electricity and telecommunications regulation in the European Union, we find diversity in experimentalism over time and across two sectors often considered similar. We explain varying degrees of experimentalism with strategic uncertainty and the constellation of preferences, which we label “de facto polyarchy.” Thus, we confirm the emphasis on uncertainty documented in the experimentalist literature, while addressing a conventional critique by also highlighting the relevance of “politics.” Moreover, while corroborating the common spread of experimentalism, we suggest that an analytical framework based on ideal types offers the best route forward to develop comparative analysis of experimentalism and non‐hierarchical forms of governance more broadly.     

Dimensions of political conflict and party positions in multi-level democracies: evidence from the Local Manifesto Project

Partisan conflicts have been frequently analysed in comparative political science research. Yet little is known about the dimensions of political conflict at the local level in multi-level democracies. This article contributes to the literature on the estimation and analysis of party positions by first presenting a new dataset of more than 800 local party manifestos in Germany that allows for a systematic analysis of the dimensions of political conflict at the German local level. Secondly, it is demonstrated that (semi-)automatic content analysis of these texts offers a promising approach for gaining new insights into local party positions. Thirdly, the empirical analysis of German local party manifestos shows that partisan conflicts are not only structured along the left–right dimension but also along a dimension which distinguishes between parties addressing ‘local’ and ‘national’ issues to a varying degree in their manifestos, due to the different behaviour of established and populist parties.     

The weakness of strong policies and the strength of weak policies: Law,experimentalist governance,and supporting coalitions in European Union health care policy

The experience of European Union (EU) health care services policy shows the importance of supporting coalitions in any effort to effect policy change and the extent to which the presence or absence of such coalitions can qualify generalizations about policymaking. EU health care services law is substantively liberalizing and procedurally driven by the courts, with little legislative input. But the European Court of Justice (ECJ) has been much better at establishing an EU competency in law than in causing policy development in the EU or member states. Literature on courts helps to explain why: courts are most effective when they enjoy supporting coalitions and the ECJ does not have a significant supporting coalition for its liberalizing health care services policy. Based on interview data, this article argues that the hard law of health care services deregulation and the newer forms of health care governance, such as the Open Method of Coordination and the networks on rare diseases, depend on supporting coalitions in member states that are willing to litigate, lobby, budget, decide cases, and otherwise implement EU law and policy. Given the resistance that the Court has met in health care sectors, its overarching deregulatory approach might produce smaller effects than expected, and forms of experimentalist governance that are easy to deride might turn out to have supporting coalitions that make them unexpectedly effective.     

How parties led by a woman redefine their positions: Empirical evidence for women's green,alternative and libertarian agenda

This article investigates how the sex of party heads impacts party positions and uncovers that parties led by a woman modify their stances on sociocultural but not economic debates. I argue that this pattern is a consequence of dissimilar gender gaps in policy preferences across the two ideological dimensions at the elite level. The empirical evidence, based on data for 19 developed democracies around the world between 1995 and 2018, reveals that parties led by a woman tend to emphasise green, alternative and libertarian issues. In particular, anti-growth, environmental protection and freedom and human rights become more prominent elements of party manifestos under women's leadership. Overall, these findings stress the importance of critical actors and the conditions under which the presence of women in political offices translates into responsiveness towards female citizens.     

Macro-regional strategies of the European Union (EU) and experimentalist design of multi-level governance: the case of the EU strategy for the Danube region

Placed within EU Cohesion policy and its objective of European territorial cooperation, macro-regional strategies of the European Union (EU) aim to improve functional cooperation and coherence across policy sectors at different levels of governance, involving both member and partner states, as well as public and private actors from the subnational level and civil society in a given ‘macro-region’. In forging a ‘macro-regional’ approach, the EU commits to only using existing legislative frameworks, financial programmes and institutions. By applying the analytical lens of multi-level and experimentalist governance (EG), and using the EU Strategy for the Danube Region as a case, this article shows that ‘macro-regional’ actors have been activated at various scales and locked in a recursive process of EG. In order to make the macro-regional experiment sustainable, it will be important to ensure that monitoring and comparative review of implementation experience functions effectively and that partner countries, subnational authorities and civil societies have a voice in what is, by and large, an intergovernmental strategy.     

Ethnic outbidding and nested competition: Explaining the extremism of ethnonational minority parties in Europe

The classical outbidding model of ethnic politics argues that democratic competition involving ethnic parties inevitably leads to ethnic outbidding where parties adopt ever more extreme positions. However, recent small‐N studies show that ethnic outbidding is only one of a range of strategies available to ethnic parties. This article seeks to explain why some ethnic parties are extremist, whereas others adopt moderate positions. Drawing on the ethnic outbidding and the nested competition model of ethnic party competition, it is hypothesised that the ethnic segmentation of the electoral market, and the relative salience of an ethnically cross‐cutting economic dimension of party competition, account for the varying degrees of extremism. Hypotheses are tested drawing on a novel, expert‐survey‐based dataset that provides indicators for the positions of 83 ethnonational minority parties in 22 European democracies in 2011. Results of ordinary least squares and two‐level linear regressions show that as the economic dimension gains importance, parties become more moderate relative to the party system mean. The electorate's ethnic segmentation has a positive effect on extremism, but this effect is not significant in all models. Contrary to expectations, higher ethnic segmentation of the party system is associated with more moderate positions in the majority of the estimated models.     

Keeping the rascals in: Anti‐political‐establishment parties and their cost of governing in established democracies

Coalition governments in established democracies incur, on average, an electoral ‘cost of governing’. This cost varies across coalition partners, and is higher for anti‐political‐establishment parties. This is because, if such a party participates in a coalition, it loses the purity of its message by being seen to cooperate with the political establishment. In order to demonstrate that anti‐political‐establishment parties suffer an additional cost of governing, this article builds on the work by Van der Brug et al. and refines the standard cost of governing theory by ‘bringing the party back in’. The results of the analyses, based on 594 observations concerning 51 parties in seven Western European countries, cast doubt on the conventional concept of a cost of governing that pertains to all parties equally. The findings call for a major revision of the standard cost of governing literature, while adding a significant contribution to the debate on strategies against parties that may constitute a danger to democracy.     

Experimentalism in transnational forest governance: Implementing European Union Forest Law Enforcement,Governance and Trade (FLEGT) Voluntary Partnership Agreements in Indonesia and Ghana

Over the past decade, the European Union (EU) has created a novel experimentalist architecture for transnational forest governance: the Forest Law Enforcement, Governance and Trade (FLEGT) initiative. This innovative architecture comprises extensive participation by civil society stakeholders in establishing and revising open‐ended framework goals (Voluntary Partnership Agreements [VPAs] with developing countries aimed at promoting sustainable forest governance and preventing illegal logging) and metrics for assessing progress toward them (legality standards and indicators) through monitoring and review of local implementation, underpinned by a penalty default mechanism to sanction non‐cooperation (the EU Timber Regulation that prohibits operators from placing illegally harvested wood on the European market). This paper analyzes the implementation of VPAs in Indonesia and Ghana, the two countries furthest advanced toward issuing FLEGT export licences. A central finding is the reciprocal relationship between the experimentalist architecture of the FLEGT initiative and transnational civil society activism, whereby the VPAs’ insistence on stakeholder participation, independent monitoring, and joint implementation review, underwritten by the EU, empowers domestic non‐governmental organizations with local knowledge to expose problems on the ground, hold public authorities accountable for addressing them, and contribute to developing provisional solutions.     

The logic of China country ＂tax-for-fee reform＂ in politics and governance perspective

This article exercises theoretical analysis tax-for-fee reform in politics and governance perspective method and attempts to understand the logic of country in China. The article considers that it presents two kinds of very differences phenomena in politics and governance angle of view on China country ＂tax-for-fee reform＂. The reform has basically improved state-peasant tension relationship and enhanced political validity in political angle of view. But absenting on method and shrinking on resources of governance, town-village organization reduced supplies on public service and public goods, new governance crisis formed. If politics and governance deviate for a long time, political validity has the possibility to glide away because of new governance crisis.     

Between governance-driven democratisation and democracy-driven governance: Explaining changes in participatory governance in the case of Barcelona

Scholars of participatory democracy have long noted dynamic interactions and transformations within and between political spaces that can foster (de)democratisation. At the heart of this dynamism lie (a) the processes through which top-down “closed” spaces can create opportunities for rupture and democratic challenges and (b) vice-versa, the mechanisms through which bottom-up, open spaces can be co-opted through institutionalisation. This paper seeks to unpick dynamic interactions between different spaces of participation by looking specifically at two forms of participatory governance, or participatory forms of political decision making used to improve the quality of democracy. First, Mark Warren's concept of ‘governance-driven democratization’ describes top-down and technocratic participatory governance aiming to produce better policies in response to bureaucratic rationales. Second, we introduce a new concept, democracy-driven governance, to refer to efforts by social movements to invent new, and reclaim and transform existing, spaces of participatory governance and shape them to respond to citizens’ demands. The paper defines these concepts and argues that they co-exist and interact in dynamic fashion; it draws on an analysis of case study literature on participatory governance in Barcelona to illuminate this relationship. Finally, the paper relates the theoretical framework to the case study by making propositions as to the structural and agential drivers of shifts in participatory governance.     

Regional elections in Portugal the Azores and Madeira: Persistence of non-alternation and absence of non-statewide parties

ABSTRACT

The ruling parties were elected into office again after the recent regional elections held in Madeira (29 March 2015) and in Azores (16 October 2016): the social-democrats (PSD – Partido Social Democrata) in Madeira and the socialists (PS – Partido Socialista) in Azores. Despite forty years of regional elections in Portugal a pattern of non-alternation in executive government (Madeira) and the same party being in office for a long time (Azores) still has not been broken. The most notable difference is that turnout registered the lowest scores since the first regional elections were held in the 1970s. Just a bit more than 50% of voters showed up at the ballot box.     

选举民主、政治合法性与地方治理——乡镇基层民主发展的若干命题初论

本文从中国农村基层民主发展的内在逻辑出发对基层民主发展的若干问题进行了分析,认为选举式民主是不是中国农村政治发展的方向,将取决于两个内生性变量,即:村民的民主欲求和各地面临问题的性质。文章就选举民主能否增加基层地方政权的合法性进行了分析,指出选举民主只是增强地方政府合法性的途径之一。在民主和政府治理的关系上,作者认为选举民主未必能够提高基层政府的治理水平。目前中国农村基层政改并不存在一种成功模式适合所有地方,因此,不应该以政策或法律的形式强制推行某一种模式,而应该在给定方向和原则的前提下倡导和鼓励各地自主创新,探索适合本地方的政改模式。     

From the rule of law to the rule of rules: technocracy and the crisis of EU governance

This article focuses on two trends emerging through the eurozone crisis, both of which diminish the quality of democracy in the EU and its member states. Firstly, the crisis has led to an increased reliance on non-majoritarian institutions, such as the ECB, at the expense of democratic accountability. Secondly, the crisis has led to a new emphasis on coercive enforcement at the expense of the voluntary cooperation that previously characterised (and sustained) the EU as a community of law. Thus, the ECB’s (over-)empowerment is a synecdoche of a wider problem: The EU’s tendency to resort to technocratic governance in the face of challenges that require political contestation. In the absence of opportunities for democratic contestation, EU emergency governance – Integration through Crisis – oscillates between moments of heightened politicisation, in which ad hoc decisions are justified as necessary, and the (sometimes coercive) appeal to the depoliticised rule of rules.     

Post‐crisis reforms in banking: Regulators at the interface between domestic and international governance

Post‐crisis international standards have been agreed on in certain areas of banking regulation, namely capital, liquidity, and resolution, but not others, namely bank structure – why? We articulate a two‐step analytical framework that links the domestic and international levels of governance. In particular, we focus on the role of domestic regulators at the interface between the two levels. At the domestic level, regulators evaluate externalities and adjustment costs before engaging in cooperation at the international level. This analysis explains why regulators in the United States and the European Union act as pacesetters, foot‐draggers, or fence‐sitters in international standard setting; that is to say, why they promote, resist, or are neutral toward international financial standards. At the international level, we explain the outcome of international standard setting by considering the interaction of pacesetters and foot‐draggers.