Banning political parties in a democratic constitutional state: the second NPD ban proceedings in a comparative perspective

ABSTRACT

Backes’s article discusses the judgement of the Second Senate of the German Bundesverfassungsgericht (Federal Constitutional Court) of 17 January 2017—not to ban the right-wing extremist party Nationaldemokratische Partei Deutschlands (NPD)—in light of recent lively international debates on the protection of democracy. It considers the logic of an examination of proportionality as established by German constitutional law, considering aspects of the legitimacy, suitability, necessity and appropriateness of the party ban. The article shows that the newly introduced criterion of ‘potentiality’ requires an examination of proportionality even if the court itself denies this. Thus the threshold for intervention has been raised, moderately, since a concrete or even immediate threat as defined in police law is not required. The Court links the definition of a free democratic basic order more closely to the established minimum definitions of comparative research and provides clarification that further refutes the (exaggerated) accusation of ‘vagueness’. In doing so it has sharpened the contours of the concept of militant democracy that is widely regarded in international comparative studies.     

Voluntary environmental programs: A comparative perspective

Voluntary environmental programs (VEPs) are institutions for inducing firms to produce environmental goods beyond legal requirements. A comparative perspective on VEPs shows how incentives to sponsor and participate in VEPs vary across countries in ways that reveal their potential and limitations. Our brief survey examines conditions under which VEPs emerge, attract participants, and improve participants' environmental performance. We focus on the costs and bene‐fits for actors seeking to supply (or sponsor) these governance mechanisms as well as the costs and benefits for firms who are considering joining VEPs and adhering to their program obligations. © 2011 by the Association for Public Policy Analysis and Management.     

Issues,parties and attitudinal stability: A comparative study of Sweden and the United States

Though Converse's work has generated considerable debate about attitudes vs. nonattitudes, there has been surprisingly little new evidence concerning attitude stability in national electorates. We present data from three panel studies that show that the Swedish electorate is consistently more stable than its American counterpart. More importantly, the pattern of continuity levels across types of issues differs from that in the American electorate, with the highest continuity rates for abstract, ‘ideological’ issues. An explanation that accounts for the differences in continuity levels within as well as between countries is found in a structural factor, as suggested by Converse. That factor is the party system. In both countries there is variation in the relationship between party preferences and issue positions, but on the whole the parties in Sweden give clearer, more consistent cues about where to stand on issues.     

Ideological externalities, social pressures, and political parties

Members of political parties may influence each other. For example, a liberal in a party of moderates may moderate his views. At the same time, the moderates in the party may become more liberal. Voters in a district who favor such effects may care about the ideology of officeholders in other districts. They may therefore prefer a candidate who affiliates with a party over an independent with the same position.     

Administrative reform in developing countries: A comparative perspective

This study investigates administrative reform in seven Arab states, delineates common problems and describes general tendencies via content analysis of official statements. The study deals with reform in three major phases: defining administrative problems and needs; developing strategies for reform; and developing instruments of action for implementation. Appraisal of reform efforts discloses mediocre results based on a poor implementation record attributable to incongruities of methods and objectives of reform. Among such incongruities are the conventional limitations of bureaucracy, the copying of Western administrative rationality in form if not in substance, and insufficient attention paid to traditional, cultural, religious, and political contexts of administration. Recognizing the difficulties involved in conceptualizing and implementing reform in any society, the analysis offers several recommendations to improve the outcome of reform efforts, among them: encouraging employee involvement in reform decisions; improving collected diagnostic data; providing special training for employees responsible for managing reform; soliciting unwavering political commitment; developing incentive systems; and replacing the piecemeal approach with reliance on a systems perspective.     

Public service reform: A comparative west European perspective

This article compares recent public service reforms in Britain, France and Germany in terms of reform origins, the trade‐off between managerial and administrative values in the overall reform orientation and the balance within managerial reform between public choice and business management strands. An explanation is advanced of variations in national reform profiles which draws on elements of both political economy and historical institutionalist approaches. Particular importance is attributed to the composition of French and German administrative reform policy communities, and to the resilience of collectivist ideals of public service within the respective memberships, as compared with Britain.     

Political parties and coalitional behaviour in Belgium: the perspective of local politics

Abstract. What constitutes the starting point of this analysis is the limitations of traditional coalition theories. A particular weakness of the traditional approach is its treatment of political parties as unitary actors, largely unaffected by less formal determinants of coalitional behaviour, and each making rational calculations about the utility of coalition formation.
The alternative is a new multidimensional perspective of coalitional behaviour, based on a number of components. The aim of the article is a first and exploratory assessment of the relevance and usefulness of this multidimensional reorientation of coalition theory with regard to local politics (i.e. the municipal-council arena).
This assessment is based on a general analysis of the coalitional behaviour of political parties in Belgium (the Flemish part of the country) at the local level. The most important elements of both the formal and the multi-dimensional approaches for a study of local-coalition phenomena in Flanders are briefly summarized. It is along these lines that the results of the municipal-council elections in 1982 are discussed. Finally, a provisional evaluation is made of what and how the multi-dimensional alternative could contribute to a better understanding of coalition politics at the local level.     

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.     

Social movements and party systems: The French socialist party and new social movements

This article examines the apparent difficulty of various French ‘new social movements’ of the 1970s and 1980s to coalesce in the form of a ‘green’ or ‘new politics’ party. In addition to the nature of the French electoral system and dominant policy‐making apparatus, this article focuses upon relations between the Socialist Party and feminist and ecology movements. The major argument is that the Socialists, in their bid for hegemony among the left throughout the 1970s and 1980s, effectively undercut post‐material value‐oriented support for a ‘new politics’ party.     

Interest mobilization in public health and social insurance: Argentina,Colombia, and Mexico in comparative perspective

One revealing test for gauging the extent to which pluralist democracy has advanced in the recently (re)democratized countries of Latin America is to determine the extent to which interest groups have come to participate in policy making in formal, open, extensive, and accepted ways as they mostly do in advanced liberal democracies. In other words, is this a new era or more of the same? To provide insights into this question, using six hypotheses, this article compares social insurance reform in Argentina and Mexico, and public health reform in Colombia. It appears that the political processes through which the reforms were adopted were fairly democratic, although aspects of the old regimes in all three countries, particularly corporatist relationships, were indispensable backups. The weaknesses that were apparent, however, stem less from the old ways of doing political business and more from the immaturity of the democratic process. Plus, pressures were felt by the executive branches and their allies to show to the international community that their country was a safe place in which to invest. Copyright © 2012 John Wiley & Sons, Ltd.     

The prospects of egalitarian capitalism in the global South: Turkish social neoliberalism in comparative perspective

Abstract

This paper studies the transformation of economic and social policy in Turkey during the 2000s. The policy mix that has emerged can be usefully conceptualized as social neoliberalism, combining relatively orthodox neoliberal economic policies and retrenchment of the protective welfare state (e.g. labour market institutions) with a significant expansion, both in terms of public spending and population coverage, of the productive welfare state (e.g. public health care). Therefore, social neoliberalism as a development model is distinct both from social democracy and orthodox neoliberalism. Its rise in Turkey during the 2000s is arguably best understood with reference to the interests of the AKP's support coalition, the salience of inequalities in access to public services, and the disconnect of social policy-making from civil society mobilization. Turkey's experience with social neoliberalism provides an important reference point for theorizing the ‘social turn’ that since the 2000s has occurred in many late-developing countries with now maturing welfare states, including Brazil, South Africa, Mexico and Chile.     

Planning democracy in Africa: A comparative perspective on Nigeria and Ghana

Ghana and Nigeria are in the midst of government-initiated democratization programs. This paper compares the different settings, reasons, strategies, procedures, and implementation of democratization efforts in these two countries. While Nigeria's comprehensive approach to democratic planning has enabled elite continuity, it has neither assured regime stability nor enhanced state capacities. In contrast, Ghana's plan for democratic transformation, pursued in a piecemeal fashion, has resulted in regime stability and some state consolidation, but not in democratization. In both countries, there is little doubt that the unintended consequences of each approach may prove more significant than the direct results of successful policy implementation. Thus, even if the specific design for democracy may fail, the democratic project in these West African states may nevertheless be progressing.     

Pre-electoral coalitions in comparative perspective: A test of existing hypotheses

Despite the vast coalition literature, pre-electoral coalitions have never been at the center of any systematic, cross-national research. Given their prevalence and potential impact on government composition and policies, this represents a serious omission in our knowledge of coalitions. I begin to remedy this situation by testing two hypotheses found in the literature on party coalitions. The first is that pre-electoral coalitions are more likely to form in disproportional systems if there are a sufficiently large number of parties. The second is that pre-electoral coalitions are more likely to form if voters face high uncertainty about the identity of future governments. These hypotheses are tested using a new dataset comprising legislative elections in 22 advanced industrialized countries between 1946 and 1998. The results of the statistical analysis support the first hypothesis, but not the second.     

Energy and social change: An historian's perspective

The dominant model for analyzing the relationship between energy and social change, the “technology assessment” model, is criticized for being technologically deterministic, over-ambitious and insensitive to the political and social context of technology development. Three “lessons from history” are offered:

1. A multiplicity of disciplines, world views and explanatory factors are required to fully understand the relationship between technology and social change.
2. The lack of historical understanding and explicative theory in this field call for modesty in attempts to quantify and predict social impacts.
3. More emphasis should be placed on developing an understanding of the process by which technology is developed and diffused through society.