Scotland's Future Political System

Debates on Scottish constitutional reform go hand in hand with discussions of political reform. Its reformers use the image of ‘old Westminster’ to describe ‘control freakery’ within government and an adversarial political system. Many thought that the Scottish political system could diverge from the UK, to strengthen the parliamentary system, introduce consensus politics and further Scotland's alleged social and democratic tradition. Yet the experience of devolution suggests that Holyrood and Westminster politics share key features. Both systems are driven by government, making policy in ‘communities’ involving interest groups and governing bodies, with parliaments performing a limited role and public participation limited largely to elections. The Scottish government's style of policy‐making is distinctive, but new reforms are in their infancy and their effects have not been examined in depth. In this context, the article identifies Scotland's ability to make and implement policy in a new way, based on its current trajectory rather than the hopes of reformers.     

After Lisbon: National Parliaments in the European Union

The role of national parliaments in EU matters has become an important subject in the debate over the democratic legitimacy of European Union decision-making. Strengthening parliamentary scrutiny and participation rights at both the domestic and the European level is often seen as an effective measure to address the perceived ‘democratic deficit’ of the EU – the reason for affording them a prominent place in the newly introduced ‘Provisions on Democratic Principles’ of the Union (in particular Article 12 TEU). Whether this aim can be met, however, depends crucially on the degree and the manner in which national parliaments actually make use of their institutional rights. This volume therefore aims at providing a comprehensive overview of the activities of national parliaments in the post-Lisbon era. This includes the ‘classic’ scrutiny of EU legislation, but also parliamentary involvement in EU foreign policy, the use of new parliamentary participation rights of the Lisbon Treaty (Early Warning System), their role regarding the EU’s response to the eurozone crisis and the, so far under-researched, role of parliamentary administrators in scrutiny processes. This introduction provides the guiding theoretical framework for the contributions. Based on neo-institutionalist approaches, it discusses institutional capacities and political motivation as the two key explanatory factors in the analysis of parliamentary involvement in EU affairs.     

Modes of UK Executive–Legislative Relations Revisited

Anthony King's 1976 article ‘Modes of executive–legislative relations: Great Britain, France and West Germany’ is a classic in legislative studies. It argued that it is simplistic to analyse relations between ‘the executive’ and ‘the legislature’ in parliamentary systems, because parliaments are complex organisations comprised of competing actors. Instead, we must consider the various ‘modes’ through which these actors can interact to challenge the executive. As King pointed out, the classic view of the British Parliament was of a dominant ‘opposition mode’ and yet, in fact, the most important relationship was the ‘intraparty mode’: between the government and its own backbenchers. Other options, such as the ‘non‐party mode’ or ‘cross‐party mode’ were considered weak in Britain. This article revisits King's modes in the light of changes at Westminster during the intervening forty years. Developments such as the establishment of the select committee system and a more confident and party‐balanced House of Lords require significant changes to his conclusions. But his central insights, encouraging readers to focus on the multiple relationships inside legislatures, including those within political parties, remain fundamentally important.     

The Contingent Diffusion of Parliamentary Oversight Institutions in the European Union

What explains the variation in institutional adaptation of national parliaments to European integration? Whereas the existing literature has mainly focused on domestic conditions, this article explains institutional adaptation to integration by focusing on inter‐parliamentary diffusion. The argument draws on ‘learning’ mechanisms of diffusion on the demand side and on ‘emulation’ mechanisms on the supply side. Parliamentary demand for external inspiration is related to uncertainty about functional oversight institutions, and the selection of sources to perceptions of similarity and success. Demand arises in new European Union member parliaments and young democracies that then turn towards culturally alike countries and old democracies. Using spatial econometrics, support is demonstrated for the argument in the article while ruling out alternative diffusion mechanisms such as spatial proximity and learning from Scandinavian frontrunners once links along cultural similarity and democratic experience are controlled for. The results underline the limits of the ‘isolated polity’ approach in the comparative study of institutions in Europe's closely integrated political system, while also showing that, even in this favourable environment, diffusion pathways are contingent on the mechanisms generating demand among policy makers and shaping their selection of sources for external information.     

The party politics of legislative‒executive relations in security and defence policy

Abstract

The move from territorial defence to ‘wars of choice’ has influenced the domestic politics of military interventions. This paper examines the extent to which both the substance and the procedure of military interventions are contested among political parties. Regarding the substance, our analysis of Chapel Hill Expert Survey data demonstrates that across European states political parties on the right are more supportive of military missions than those on the left. On the decision-making procedures, our case studies of Germany, France, Spain and the United Kingdom show that political parties on the left tend to favour strong parliamentary control whereas those on the right tend to prefer an unconstrained executive, although with differences across countries. These findings challenge the view that ‘politics stops at the water’s edge’ and contribute to a better understanding of how political parties and parliaments influence military interventions.     

Bicameralism in the European Union: parliamentary scrutiny as a tool for reinforcing party unity

During recent years, the European Union has increasingly been portrayed as a bicameral political system in which political parties build bridges across the European Parliament (EP) and the Council. From this perspective, national parties’ representation in the Council should affect their members’ voting behaviour in the EP. Survey evidence reveals that most members of the EP (MEPs) frequently receive voting instructions from ‘their’ ministers. Accordingly, these MEPs should have a higher likelihood of defecting from their European Political Group. The observed voting instructions imply that the voting preferences of MEPs and their ministers differ. This article argues that parliamentary scrutiny may be one way effectively to coordinate on a common position at an early stage and, consequently, reinforce party unity at the voting stage. However, effective scrutiny depends on national parliaments being strong enough. On the empirical side, this article studies the voting behaviour of MEPs from eight member states during the Sixth EP. We include four national parliaments which the literature conceives of as being strong (DK, DE, SF, SK) and four parliaments conceived of as being weak (FR, IE, IT, UK). Overall, the results support the theoretical argument, thereby demonstrating how domestic-level scrutiny affects EU-level voting behaviour.     

Enlarging the Euro Area: External Empowerment and Domestic Transformation in East Central Europe

Immigrants and their descendants are becoming increasingly visible in Germany’s political life. What determines immigrant political incorporation into parliamentary positions over time and in specific contexts? The article focuses on the regional parliaments of Germany’s 16 states. A comparative analysis enables us to specify whether, how and under what conditions factors thought to impact levels of immigrant representation are indeed influential and how they interact with local and situational conditions. The article first outlines immigrant representation in Germany’s states over time. It then discusses several possible explanations for the striking variation between states. Rather than one key factor, it is found that interactions between demographic, institutional, cultural and political conditions account for different levels of immigrant representation in Germany’s state parliaments.     

The EU’s Multilevel Parliamentary (Battle)Field: Inter-parliamentary Cooperation and Conflict in Foreign and Security Policy

The Treaty of Lisbon has been dubbed ‘the Treaty of Parliaments’, as it upgraded the position of both the European Parliament and of national parliaments within the institutional system of the EU. However, the implementation of the new Treaty also brought to the surface the uneasy relationship between the European and national parliamentary spheres in a number of domains. Drawing on the notion of ‘parliamentary field’, this article accounts for this growing divide by highlighting the competitive dynamics that may emerge from a mismatch between formal constitutional authority and the actual parliamentary capital that parliaments enjoy. The article examines this proposition within the domain of foreign and security policy, where the process of establishing a new inter-parliamentary mechanism for scrutinising policy has placed the European Parliament and the national parliaments visibly at odds.     

The Institutional Power of Western European Parliaments: A Multidimensional Analysis

Parliaments are more than legislative bodies. However, we lack an adequate understanding of the theoretical relationship between different facets of parliamentary activity or ‘parliamentary functions’. Relying on the principal–agent framework, this article argues theoretically that parliamentary power is a multidimensional concept comprising three distinct mechanisms to ensure policy outputs in line with the collective preferences of parliaments: direct influence on policymaking, the ex ante selection of external officeholders, and the ex post control of the cabinet. These mechanisms mirror the classic legislative, electoral, and control functions of parliaments. Empirically, the paper uses factor analysis of newly developed indicators for electoral powers and established measures of legislative and control resources to show that the institutional powers of 15 Western European parliaments comprise four distinct dimensions. These dimensions match the three theoretically derived mechanisms with committee power as an additional factor. Locating the 15 parliaments in this multidimensional space of parliamentary powers demonstrates that classifications based solely on lawmaking lead to biased assessments of parliamentary strength and weakness. Instead, the paper provides a more nuanced picture of the ways in which Western European parliaments can influence policymaking under the conditions of delegation.     

The Impact of the European Union on Coalition Formation in a Minority System: The Case of Denmark

Does European Union membership influence coalition patterns in national parliaments? For governments in the Scandinavian countries – with their relatively high share of minority governments requiring external parliamentary support to form parliamentary majorities – the question of ‘coalition management’ is highly relevant. This article provides an empirical test of three central arguments in the Europeanisation literature on the impact of EU membership on national parliaments when political parties pass legislation in the Danish Folketing. The effect of EU content in a law on coalition patterns is compared across policy areas and four electoral periods from 1998 to 2011 encompassing 2,894 laws. The data provide support for the argument that the loss of national agenda‐setting over the legislative process has an impact on coalition patterns in the Danish parliament. It is shown that the coalition patterns on Europeanised legislation are both broader and more stable compared to national, non‐EU‐related legislation. The focus on Europeanisation of legislative coalitions goes beyond previous analysis with an institutional focus, and demonstrates an example of how the EU systematically has an effect on legislative coalition formation in a national parliamentary system.     

Executive Privilege Reaffirmed? Parliamentary Scrutiny of the CFSP and CSDP

The EU’s Common Foreign and Security Policy (CFSP) and Common Security and Defence Policy (CSDP) occupy a unique space in EU governance. Both policies have supranational elements, yet their formally intergovernmental status shields them from the increased scrutiny powers granted to national parliaments after Lisbon. National parliamentary scrutiny of these policy areas has thus received relatively little attention. Using an analytical framework of ‘authority, ability and attitude’, this paper argues that attitude, meaning MPs’ willingness to scrutinise CFSP, is the most important factor in explaining the empirical variation in the quantity and quality of national parliamentary scrutiny of CFSP. Drawing on qualitative research and interviews conducted as part of the OPAL project, the paper demonstrates that formal powers do not, in practice, equate to ‘strong’ scrutiny, arguing that the strongest parliaments are those that make CFSP scrutiny a systematic, normalised and culturally accepted part of parliamentarians’ everyday work.     

Testing the Impact of Political Generations: The Class of 94 and Pro‐feminist Ideas in the Swedish Riksdag

How can one explain the transformation of elected assemblies like national parliaments? In this study it is argued that much can be gained from taking the assumption of political generations more seriously when trying to explain transformations of the political agenda – for example, of themes and topics brought up in the parliamentary process. More specifically, the article expands on previous research in three ways: first, it launches the concept of ‘parliamentary political generation’ where the core element is the combination of an influx of large numbers of newcomers into the elected assembly and an electoral context that is formative – that is, that exhibits characteristics that distinguish the election from other elections. Second, an empirical test is conducted where other factors such as party affiliation and social background characteristics are controlled for. Finally, the test on the impact of parliamentary political generations is conducted in a context – the Swedish Riksdag – where parliamentary party groups are strong. The data used is the Parliamentary Surveys 1985–2010 conducted at the Department of Political Science, University of Gothenburg, Sweden. The political generation in focus is the ‘Class of 94’. The results show that the Class of 94 distinguish themselves by being more feminist than their senior colleagues and other groups of newcomers in Swedish elections. This is the feminist generation in Swedish politics.     

TTIP and legislative‒executive relations in EU trade policy

Abstract

This paper analyses Transatlantic Trade and Investment Partnership (TTIP) negotiations in order to assess how the move towards tighter economic integration within the EU?US strategic partnership impacts on legislative?executive relations in EU trade policy. The analysis examines the institutional, substantive and party political dimensions of national parliaments’ scrutiny of the Common Commercial Policy. Based on insights into both domestic and EU channels of parliamentary monitoring of TTIP negotiations, the paper argues that, although the government remains the central object of democratic control, the involvement of national parliaments in transatlantic trade extends to encompass the EU’s own transatlantic and trade policies. This is rooted in the legislatures’ legal capacity to constrain the executive in the negotiation, conclusion and, where applicable, ratification phases of EU trade agreements. It is argued that national parliamentary influence takes the shape of politicisation of the legitimacy of the expected policy outcomes of these agreements.     

Das Parlament in der Mediengesellschaft — Verschränkungen zwischen parlamentarischer und massenmedialer Arena

The assumed decline of parliaments’ power in the political decision making process is blamed on a complex social and political transformation. Among others, changes in the structures of the public space, especially the emergence of mass communication, represent a crucial challenge for parliamentary representation. Parliaments depend on a functioning external communication, since their relations to the public are a central source of parliamentary legitimacy and power. In two fields one can observe an evident overlapping between the systems of parliament and mass media: in parliament’s management of communication and in parliament’s procedures of opinion forming and decision making. In a case study of the German Bundestag, processes of adaptation to the structures of the mass media system can be found in these areas. Adaptation comes to its limits where it collides with the necessity to provide space for bargaining processes. Furthermore, the processes of adaptation illustrate how political actors realize and structurally actualize the ambigious relationship between publicity and power.     

Institutional constraints on cabinet formation: Veto points and party system dynamics

Research on government formation in parliamentary democracies has presented contradicting evidence on the role of political veto institutions and parliamentary polarization on the formation of cabinet types. Institutional rules may either provide significant leeway for political parties or seriously constrain them when forming sustainable coalitions. In contrast to previous studies we argue that the effect of political institutions is conditional on the degree of polarization in parliament. We test our hypotheses using original data on 842 cabinet formations in 33 advanced democracies between 1945–2018. In line with previous research, we find that the institutional rules have a pronounced effect on the type of cabinet formed, but that institutional rules moderate the effect of party system polarization. Thus, our findings provide important new insights on cabinet formation which are particularly relevant for today's increasingly polarized parliaments.     

Refusing to be Sidelined: The Engagement of the Finnish Eduskunta in Foreign Affairs

It is often argued that foreign and security policy is dominated by the executive, with parliaments wielding marginal influence. However, as legislative‐executive relations in the realm of foreign and security policy have attracted remarkably little scholarly attention, there is a demand for subjecting the alleged executive drift in foreign affairs to careful empirical scrutiny. There is also a need to examine whether and how parliamentary politics in foreign affairs differs from domestic or European matters, both regarding control mechanisms and party competition. The notions of ‘executive dominance’ and ‘politics stopping at the water's edge’ certainly point in the direction of less active control and casting aside public partisan differences in favour of providing domestic support for the government. A case study of the Finnish Eduskunta forces us to reconsider such arguments. This article examines the multiple instruments members of parliament (MPs) have for becoming involved in foreign affairs, from participating in the formulation of the national ‘grand strategy’ document to ministerial hearings in the committees. It also provides strong evidence of the Europeanization of national foreign policies, with matters relating to the foreign policy and external relations of the European Union (EU) in a central role in the Foreign Affairs Committee. Parliamentary culture is consensual, especially in security policy, but there is nonetheless greater room and willingness for party‐political contestation in foreign affairs.     

Precedents,parliaments, and foreign policy: historical analogy in the House of Commons vote on Syria

Abstract

This analysis investigates the role of historical analogies in the influence that parliaments have in foreign policy. Our empirical focus is the UK Parliament’s unusual opposition to the Prime Minister on UK involvement in Syria in 2013. The vote challenges many conventional expectations about the role of parliament in security affairs. Important in this vote were lessons learned and strategically used from UK participation in the intervention of Iraq in 2003. This argument is developed theoretically based on research on historical analogies: parliaments, ‘learn’ (primarily negative) lessons about past foreign policy events which guide parliamentary preferences and procedures and can enhance parliaments’ role in subsequent foreign policy. The article contributes to research on analogies by extending the logic to lessons on process. This use of precedents can offer more structurally oriented perspectives that translate critical junctures into reforms in procedures and policy-making practices.     

The Combet Case and the Appropriation of Taxpayers' Funds for Political Advertising – An Erosion of Fundamental Principles?

This article contains a critical discussion of Combet v The Commonwealth (2005) and the reasons given by the High Court in that case, for dismissing the legal challenge to the present government's political advertising campaign in support of its Workchoice legislation which was conducted before the publication or enactment of that legislation. It also deals with the implications of the case for the declining significance in modern times of the parliamentary appropriation process as a means of ensuring the accountability of governments for the expenditure of taxpayers' funds. The article concludes with a discussion of the possibility of future parliaments (regardless of their political complexion) reasserting their control over the appropriation process and restricting the use of government advertising for political purposes.     

Who gets what and why? Committee assignments in the German Bundestag

Although committee assignments have been researched in various parliaments, findings are inconclusive. This article contributes to the debate by analysing the allocations to specialised committees in the Bundestag, a legislature that establishes strong committees despite having strong parliamentary party groups. Studying assignments in this legislature can, therefore, help us to solve the present disjunction between ‘European’ and ‘American’ experiences regarding committee research. The study uses the congressional theories of legislative organisation as heuristic devices but explicitly highlights the strong involvement of parliamentary party groups. The hypotheses are tested with a multiple membership multilevel model across several legislative periods (1990?2013) and backed up with evidence from 51 interviews with German legislators. The results show that next to constituency demands and the influence of regional factions, there is strong evidence for a reassignment pattern and that a legislator’s occupational background and connections to interest groups matter in the assignment process.     

Explaining subnational parliamentary scrutiny powers: A fuzzy-set analysis of German Landtage

While the European Union’s Lisbon Treaty has important implications for regional parliaments with legislative competences, most studies have focused on cross-country differences or examined the activities of regional parliaments at the EU level. This contribution shows the existence of substantial intra-country differences in the formal scrutiny rights of regional parliaments. We analyse how German regional parliaments (Landtage) have addressed the challenge of controlling their governments in EU affairs. Using fuzzy-set comparative qualitative analysis, we find that institutional and partisan factors (vote share in the second chamber, economic potential, and conservative governments) explain the differences found among German Landtage particularly well. Landtage with otherwise weak parliamentary prerogatives were successful in using the reform momentum to strengthen their rights in the field of EU policy. Combined with the party political salience of EU policy-making, the integration process has thus empowered formally weaker Landtage.