Judicial policy‐making in Germany: The federal constitutional court

The most powerful policy‐maker among German courts is the Constitutional Court. It is the thesis of this analysis that the danger of judicial review is a process of judicialisation of politics. More and more political questions are decided by the Constitutional Court and, thereby, political alternatives are reduced. Members of Parliament contribute to this development by carrying too far the consideration of legal arguments in legislation and judges by exceeding their competence in several cases. While it is an inadequate simplification of reality to claim that judicial review always serves the interests of the political elite, it is the growing influence of judicial review in policy‐making that sometimes prevents political reform.     

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.     

The FSB literati: the first prize winners of the Russian federal security service literature award competition, 2006–2018

This article analyzes the Russian Federal Security Service (FSB) intervention in the process of popular culture production in Russia. After briefly discussing the KGB precedent, I focus on the FSB annual art awards established in 2006. Although these awards include six categories and three prizes per each category plus honorable mentions, due to the length limitations, I focus only on the first prize winners of the literature award (awarded for fiction, nonfiction, and journalism). The key questions I investigate are, first, what kinds of literary works the FSB deems worthy of the first prize and, secondly, what the FSB literary taste conveys about the self-image that it has sought to construct for domestic and international audiences as well as about its strategic orientation. I conclude that the FSB has a predilection for spy fiction based on real historical events and personalities. Some of the first prize winners are biographies and reference books, but the majority can be categorized as historical fiction. Not surprisingly, they depict self-confident and patriotic intelligence officers who ultimately, though not without a lot of effort, overcome the assorted villains: the tsarist officers, the criminal gangs, the corrupt officials and turncoats in contemporary Russia and, last but not least, the CIA operatives. Curiously, though they generally deal with the threat from the West, many FSB-awarded historical novels are set in the Russian Central Asian or Far Eastern regions. The emerging thematic patterns reveal the contours of the present and future FSB strategic orientation.     

How do federal regulations affect consumer prices? An analysis of the regressive effects of regulation

This study is the first to measure the impact of federal regulations on consumer prices. By combining consumer expenditure and pricing data from the Bureau of Labor Statistics, industry supply-chain data from the Bureau of Economic Analysis, and industry-specific regulation information from the Mercatus Center’s RegData database, we determine that regulations promote higher consumer prices, and that these price increases have a disproportionately negative effect on low-income households. Specifically, we find that the poorest households spend larger proportions of their incomes on heavily regulated goods and services prone to sharp price increases. While the literature explores other specific costs of regulation, noting that higher consumer prices are a probable consequence of heavy regulation, this study is the first to provide a thorough empirical analysis of that relationship across industries. Irrespective of the reasons for imposing new regulations, these results demonstrate that in the aggregate, the negative consequences are significant, especially for the most vulnerable households.

     

The 1990 German federal election and the national unification: A watershed in German electoral history?

The December 1990 German election resulted in a dramatic weakening of the Social Democratic and Green opposition parties, a moderate strengthening of the government coalition, and a unprecedented low voter turnout. This article explains the electoral outcome in terms of the interpretive frames each party employed to address the issue of unification in the election campaign in light of their past voter appeals and stances on the German question. Within the Social Democratic and the Green left‐libertarian discourse, it was particularly difficult to assign a meaningful role to the concept of the nation and national unification.     

The death of conservative Ireland? The 2018 abortion referendum

The outcomes of two recent Irish referendums - on marriage equality in 2015 and abortion in 2018 - have placed contemporary Irish voters in sharp contrast with their long-standing conservative Catholic reputation. These referendums also stand out internationally because of an associated deliberative innovation. This paper aims to explain the watershed abortion vote drawing on theories of generational change, issue-voting, cue-taking and deliberative democracy, using data from an exit poll at the 2018 abortion referendum. We show that cleavage and age effects are key to understanding the referendum outcome. These results offer insight into how societal processes such as rapid secularisation, generational replacement and democratic innovations shape politics. Moreover, voters who were aware of the deliberative innovation were more likely to support the liberal referendum option. To increase willingness to deviate from the status quo, engaging citizens actively in the debate is a fruitful approach.     

The gradual transformation? The incremental dynamics of macroprudential regulation

This article focuses on the transformatory potential of macroprudential ideas following the financial crash of 2008, examining how they are being mediated by existing institutional contexts and how and why the task of building a new body of technical macroprudential knowledge is proceeding slowly. It is argued that the movement toward a form of macroprudential regulation has a distinctly incremental dynamic that means any macroprudential transformation will be a gradual process that is likely to span a decade or more. Using Peter Hall's framework of three orders of policy change across substantive and temporal dimensions, the article argues that the macroprudential ideational shift can be compared to third order change. In this sense, it was intellectually radical and took place rapidly in a period of around six months. However, intellectual radicalism does not automatically translate into a radical change in regulatory practice, because of a variety of countervailing political, institutional, and informational variables. In this respect, the task of developing first and second order macroprudential policy is proving to be a much more politically contested process. Furthermore, macroprudential policy is being developed by cautious technocrats who rely on the gradual accumulation of data and evidence to justify policy. The result is a distinctly incremental dynamic to macroprudential policy development that displays many of the features of a process that historical institutionalists refer to as “layering.”     

The symbiotic tensions of the regulatory–carceral state: The case of cannabis legalization

Recent scholarship has emphasized the need to develop a polymorphic conceptualization of the regulatory state. This article contributes to this theory-building project by outlining a research agenda for exploring the symbiotic interactions and tensions between the regulatory and carceral morphs of the state. Using the case study of cannabis legalization reforms in the United States, we argue that the legitimation deficits of the carceral state stimulate the proliferation of new regulatory frameworks for governing social problems that were traditionally handled by the criminal justice system. We demonstrate how the polymorphic approach illuminates the ways in which the regulatory and carceral morphs of the state compete for influence over shared policy domains, but also complement and reinforce one another. Thus, rather than precipitating the demise of the carceral state, cannabis legalization reforms sustain a bifurcated governance structure perpetuating long-standing patterns of using drug law as a means for racialized social control.     

The Electoral Consequences of Skin Color: The “Hidden” Side of Race in Politics

Despite the significant role that skin color plays in material well-being and social perceptions, scholars know little if anything about whether skin color and afrocentric features influence political cognition and behavior and specifically, if intraracial variation in addition to categorical difference affects the choices of voters. Do more phenotypically black minorities suffer an electoral penalty as they do in most aspects of life? This study investigates the impact of color and phenotypically black facial features on candidate evaluation, using a nationally representative survey experiment of over 2000 whites. Subjects were randomly assigned to campaign literature of two opposing candidates, in which the race, skin color and features, and issue stance of candidates was varied. I find that afrocentric phenotype is an important, albeit hidden, form of bias in racial attitudes and that the importance of race on candidate evaluation depends largely on skin color and afrocentric features. However, like other racial cues, color and black phenotype don’t influence voters’ evaluations uniformly but vary in magnitude and direction across the gender and partisan makeup of the electorate in theoretically explicable ways. Ultimately, I argue, scholars of race politics, implicit racial bias, and minority candidates are missing an important aspect of racial bias.     

SS: Germany’s federal election in september 2009 – Elections in times of duress – Introduction

This paper introduces the special symposium. It provides (1) an overview of the broad campaign themes; (2) introduces several questions pertinent to German electoral politics; (3) highlights the broader theoretical implications of this symposium for the research literature.