Judicial policy‐making in Italy: The constitutional court

This study focuses on the Italian Constitutional Court, the newest and most prestigious addition to a judicial tradition that can be traced as far back as the Roman Empire. This court has indeed been an effective policy‐making body, particularly in matters of civil liberties and church‐state relations, as well as in compelling the legislative branch, where it has been so charged, to complete the drafting of the Constitution. The Court has faltered at times in defending its independence, and this account argues that life appointments might be a viable means of achieving the goal of a constitutional body that serves ‘nee spe nee metu’     

Judicial policy‐making in the Netherlands: The case‐by‐case method

The Dutch judiciary is modelled on the French one and places a premium on the separation of powers. One manifestation of this adherence to the strict separation of powers is the prohibition against judicial review. Judges in the ordinary courts, however, have since early in this century given broad interpretations to statutes becoming significant policy‐makers in Dutch politics because of the system of coalition governments. Laws are drafted in vague terms, leaving interpretation to the courts, and issues on which there is no possibility of political compromise find resolution only in the judicial forum.     

Judicial policy‐making and the evolving rotection of human rights: The European court of human rights in comparative perspective

This contribution is a comparative analysis of three attempts to strengthen the supranational protection of human rights in an increasingly transnational world. It focuses on the Human Rights Committee of the United Nations, the European Court of Human Rights and the Inter‐American Court of Human Rights. The recent decision by the Inter‐American Court on the forced disappearance of individuals by state or para‐state forces illustrates the important role of cross‐pollenisation from the European Court and the United Nations. It further demonstrates how judges on supranational courts attempt to make law in the face of uncertain government compliance.     

Public policy‐making in France: The art of the possible

This article examines the policy performance of the Mitterrand administration from the perspective of rationalist and incremental models of policy‐making. It is argued that the incrementalist approach provides a more comprehensive and realistic framework with which to assess the policy record of the French Socialist government. The failure of that government to implement its radical programme supports the view that effective policy‐making even within a formally centralised state is, in practice, a highly complex and multilateral process involving constant negotiation between the government, the administration and powerful interest groups.     

Governing the academies: Sub‐central secondary education policy making in France

In the context of the growing debate on the reshaping of the state in western Europe, this article maps out the changing relationships between the principal policy actors involved in French sub‐central secondary education policy. Based on extensive primary interviews in two French academies, the article maintains that, while the paradigms of networks and governance are useful in understanding certain features of education policy‐making, they have to contend with the persistence of a particular state tradition which is endemically strong in French secondary education.     

Experiment-based policy making or conscious policy design? The case of urban housing reform in China

The public policy literature has long debated whether policy change results from conscious policy design or is contingent upon a political process involving both state and non-state actors. An experiment-based policy-making model based on China’s experience attempts to reconcile such debate by arguing that policy makers can consciously make policies without deliberately designing them. That is, policy makers can encourage or initiate multiple small-scale experiments that will cumulatively translate into incremental policy changes. Through a case study of urban housing policy changes in China, this paper investigates the underlying logic of incremental policy changes, specifically the role of policy makers in successive policy experimentation. Our case study illustrates that the role of local policy experimentation has been overestimated because the central government controls the experimental variables, judges what constitutes the success of the experiment, and chooses which experiments are replicated at the national level.     

Executive power and policy‐making patterns in France: Gauging the impact of fifth republic institutions

This article attempts to gauge the impact that the institutions of the Fifth Republic have had on governmental behaviour and patterns of policy‐making in France. It is argued that the institutional changes introduced in 1958 have produced profound effects largely in line with the founders' intentions. The enhancement of executive power has produced strong governments capable of dominating the legislative process even in face of the most adverse political contingencies. However, the extraordinary powers of the executive have also generated some consequences unintended by the founders. The strong government system, designed to cure the malaise of the Fourth Republic, has combined with the nature of the party system to produce a distinctive Fifth Republic malaise that has proven most difficult to cure.     

Union participation in economic policy making in France,Italy, Germany and Britain, 1970–1993

This study uses a specially‐developed measure of union participation in economic policy making to classify and compare the historical experiences of France, Italy, the Federal Republic of Germany and Britain between 1970 and 1993 in order to present a clearer view of the variability of union participation in economic policy making in these countries over this period than has been available up to now. It is found that union participation was concentrated in certain areas of economic policy, in particular labour market policy, and that even high levels of participation were not necessarily linked to union agreement on wage restraint. Over the period as a whole, participation was highest in Italy and lowest in Britain and France, but varied considerably over time as well as between countries. These variations were clearly linked to whether the Left was included in the government of the day as well as to the nature of the national union movements.     

The control of visual representation: American art policy in occupied Germany, 1945–1949

The development of the fine arts in post-war West Germany was influenced by the Office of Military Government for Germany, US (OMGUS). In mid-1946, a small group of OMGUS officers proposed the development of a fine arts policy aimed at neutralizing the Soviet cultural offensive. They were also interested in overcoming the cultural isolationism inherited from the Third Reich, and in strengthening the link between Western Germany and the democratic West. In 1947 the Monuments, Fine Arts, and Archives Branch (MFA&A) of OMGUS began to develop an active fine arts policy. Its officers organized art exhibitions, provided exhibition space, established art contests, invited international speakers to lecture on art, created art appreciation groups, purchased work by German artists, channeled funds to German artists, and connected German artists with American museums, universities, and art patrons. Formal and informal, overt and covert networks were established to develop German-American artistic relations in the context of a cultural policy emphasizing collaboration.     

The evolution of an Asia‐Pacific policy community in Australia

Australian Labor governments have, in recent times, become particularly active in shaping the form and content of regional forums where outstanding economic and security issues can be semi‐publicly aired. An increasing number of analysts have characterized this activist role with APEC and CSCAP as a manifestation of ‘intellectual leadership’, and have explained this evident concern with the promotion of common understandings (and hence the possibility of rules) as the natural stance of ‘middle powers’. This paper surveys the means by which Australia's Labor governments came to engage in these regional dialogues; the arguments that have facilitated that engagement; and the individuals who have played leading roles in articulating those arguments. It concludes with brief observations about the possible trajectory of these two regional dialogues, and reference to some of the obstacles they might pose for future Australian governments.     

Mark‐to‐market: A fundamental shift in affordable housing policy

Abstract

Residential mortgage underwriting practice has serious shortcomings, including fixation on the present rather than the future. Accept‐reject decisions reflect some unknown interaction among implicit macro projections, implicit micro projections, and implicit policy toward assuming risk, and there is no way to relate the decision process to its components. As a result, there is no satisfactory way for a lender to incorporate a particular macro‐economic outlook into its underwriting standards. Further, different mortgage designs often carry markedly different degrees of risk. Most critically, accountability for underwriting decisions is obscured.

This paper proposes a fundamentally new approach to underwriting that makes full use of new technology. Under this approach, macro and micro projections of the future and the lender's policy toward risk are explicitly specified. The accept‐reject decision is automatic and transparent. Each of the parties responsible for the components of underwriting decisions can be held accountable, with the underwriter responsible only for micro projections.     

Decision‐making Italian style: The new code of criminal procedure

Government action in Italy is notoriously slow in most policy areas, but, when necessary, the government can act both decisively and effectively. This article is a case‐study of the decisional process surrounding such an issue, the new code of criminal procedure that was implemented in late 1989. Factors other than the alluring explanations of government longevity and coalition stability account for the success of this institutional reform. In the case of the new code, a sense of urgency was created and a champion for the cause was found in government; these two factors and public demand for changes generated a momentum towards implementation of major institutional reform that survived onslaught by interest groups and even the fall of two governments.     

The self‐in‐reading

At play are not the signifiers we are the ones who are playing. (Goelz 1997: 243)

Writing only remains in control at the expense of our ability to read. (Goelz 1997: 117.)     

Local policy networks in France and Britain: Policy co‐ordination in fragmented political Sub‐Systems

This article applies the concept of local policy networks to understand the emergence of local governance in France and Britain. Although the concept of policy networks needs to be used with caution, it is a useful way of mapping out the complex interdependencies of local decision makers in both states. Traditional approaches to central‐local politics in Britain and France emphasised the contrasts between the two countries, and while these continue, Cole and John argue that recent institutional and policy changes suggest a convergence to a more complex institutional environment and more decision making based on networks between organisations.     

Mechanisms of environmental policy change in a federal system: The case of open federalism and the 2006–15 Harper government

Between 2006 and 2011, the Canadian Conservative government advocated the concept of ‘open federalism’ which sought to minimize the role of the federal government in areas falling under provincial jurisdiction. Environmental policy-making was particularly impacted with the passage of the highly contentious 2012 omnibus Jobs, Growth and Long-term Prosperity Act, commonly known as Bill C-38. This paper argues that environmental policy needs to ‘bring back federalism’ into their analysis. In order to do so, a mechanisms approach is employed and focuses on the role of both macro and meso level historical institutionalism mechanisms in explaining policy layering and policy dismantling during this period.     

Programmatic action in Chinese health policy—The making and design of “Healthy China 2030”

The Programmatic Action Framework (PAF) is a powerful analytical perspective to advance our understanding of policy change by stressing the role of programmatic groups and how they promote their preferred policy programs. While the PAF has been applied successfully to European countries and the US, a considerable research gap remains regarding its explanatory power in other regions and political settings. To step into this research gap, we apply the PAF to authoritarian China through a qualitative case study of the making of “Healthy China 2030”, a national health policy program. We explore two research questions: firstly, to what extent can the PAF be operationalized in a nondemocracy to identify programmatic groups and evaluate policy design, and second, what are the limitations and challenges facing the application of the PAF to nondemocracies? Our empirical analysis shows that the design of this policy program involves actors from different policy areas, despite the top-down political structure. With regards to the transfer of PAF hypotheses, we show that the framework is a helpful lens to identify programmatic groups and to evaluate policy programs' potential for success based on coherence, responsiveness, and program fit. Meanwhile, the research process of our study revealed the challenges of applying policy process theories to China, including hard-to-reach political actors for data collection, lack of transparency regarding collaboration processes between actors, and a lack of publicly available program-related information.     

Right‐wing extremism and racist violence in Germany

Rechtsradikale Gewalt im vereinigten Deutschland: Jugend im gesellschaft‐lichen Umbruch. Edited by HANS‐UWE OTTO and ROLAND MERTEN. Opladen: Leske + Budrich, 1993. Pp.470, biblio, index. DM 29.80 (paperback). ISBN 3–8100–1193–2.

Brandstifter: Deutschland zwischen Dcmokratie und völkischem Nationalismus. By HAJO FUNKE. Göttingen: Lamuv, 1993. Pp.208, 12 illus., 1 table, 4 figures, biblio. DM 24 (paperback). ISBN 3–88977–324–9.

Fremdenfeindliche Gewalt: Einstellungen, Tater, Konflikteskalation. By HELMUT WILLEMS with ROLAND ECKERT, STEFANIE WÜRTZ, LINDA STEINMETZ, with a contribution by PAUL B. HILL. Opladen: Leske + Budrich, 1993. Pp.293, 52 tables and figures, biblio. DM 24.80 (paperback). ISBN 3–8100–1196–7.

The Republikaner Party in Germany: Right‐Wing Menace or Protest Catchall? By HANS‐JOACHIM VEEN, NORBERT LEPSZY, PETER MNICH, foreword by KARL H. CERNY. (The Washington Papers; 162) Westport, CT: Praeger, 1993. Pp.xx + 83, 14 tables, 6 figures, £11.50 (paperback). ISBN 0–275–94580–4.

Die Bielefelder Rechtsextremismusstudie: Erste Langzeituntersuchung zur poli‐tischen Sozialisafion männlicher Jugendlicher. By WILHELM HEITMEYER, HEIKE BUHSE, JOACHIM LIEBEFREUND, KURT MÖLLER, JOACHIM MÜLLER, HELMUT RITZ, GERTRUD SILLER, JOHANNES VOSSEN. Weinheim and München: Juventa, 2nd ed. 1993. Pp.612, 2 tables, 38 figures, biblio. DM 68 (paperback). ISBN 3–7799–0422–5.

Politics Against Democracy: Right‐Wing Extremism in West Germany. By RICHARD STÖSS. Translated from the German by Linsay Batson, New York/Oxford: Berg, 1991. Pp.272, 2 maps, 30 tables, 17 figures, biblio, index. £32. ISBN 0–85496–190–9.     

Bundesbank‐government relations in Germany in the 1990s: From GEMU to EMU

The Bundesbank's widely‐discussed independence ascribes it only discretionary power in the realm of monetary policy, but its influence can extend into other areas of economic policy. Since the government retains the initiative in these policy realms, the Bundesbank's influence consists of being able to mould the form rather than the direction of government policy. To exercise this influence, however, the Bundesbank must have public opinion on its side. An examination of the government‐Bundesbank relationship as it touched upon the cases of Economic and Monetary Union in Germany (1990) and Europe (1990–98) reveals the extent and limitations of the Bundesbank's influence over economic policy.