Increasing Women's political representation: the limits of constitutional reform

In 1999 and 2000 the French parliament passed a constitutional revision and a set of legislation with the aim of achieving parity of representation between men and women in France's elected assemblies. France was the first country in Europe to institute such radical reform to address the issue of women's under-representation in politics. The success of the parity reforms in achieving equal representation for women has been limited, however. This paper will discuss how and why the issue of parity progressed onto the French political agenda, and will identify the main factors which have limited the impact of these reforms. It will be argued that both the electoral system and the attitudes of political parties remain important obstacles to achieving true parity in elected institutions.     

Incumbents' Interests and Gender Quotas

The introduction of mandatory gender quotas in party lists is a reform that many countries have recently adopted or have been considering. The electoral system affects the incumbents' incentives to make such reforms, their details, and their effectiveness. We show that male incumbents can actually expect an increased incumbency advantage when gender quotas are introduced, if they are elected through single‐member district majority rule. On the other hand, no expectation of male advantage can reduce the incumbents' fear of being replaced if they are elected through closed‐list proportional representation. As France has both electoral systems, we validate the above argument using a formal model of constitutional design as well as an empirical analysis of the legislative elections in France, displaying the existence of male bias in the last three elections. We also show that parity may have Assembly composition effects and policy effects that vary with the electoral system.     

Recentralization and vertical alignment in the French health‐care system

In foreign exemplars, key new public management (NPM) features such as decentralization and devolution of health‐care responsibilities had outcomes below expectations. Other NPM traits such as the patient as overseer of reforms or the empowerment of patient remained elusive. In France, the integration of public values such as greater participation of patients and local actors (NGOs and elected officials) and NPM‐driven private values such as performance evaluation has yet to be seen. Taking advantage of NPM's failings and austerity agenda, a French welfare elite regained control over health‐care policy decisions at the expense of regions and other local actors. NPM outcomes were below expectations. Austerity cures led to weakening of the regional decision spaces, which can be explained under the principal–agent relationship. Accountability shifted to managerial (the professionalization of hospital managers) and legal (governance via regulations) forms in a bid to restore central government control. A democratic recess results from the lack of public engagement in recent health reforms.     

New public management and the reform of French public hospitals

New public management (NPM) is not only an Anglo‐Saxon debate but also a French one, with some of its elements constituting structural components of the French state apparatus. How did it make its way into French hospitals? What core mechanism was at the center of NPM implementation in hospitals? We discuss the redisorganization of the health system under NPM, as it attempted to reassert the central government's power over regions and how it alienated the medical profession. The paper highlights inherent contradictions and other false promises within NPM. It was unable to contained cost, could no enhance accountability or increase civil participation. We then investigate post‐NPM reforms in French healthcare. Copyright © 2013 John Wiley & Sons, Ltd.     

Elected Second Chambers and Their Powers: An International Survey

In May 2011, Britain's Conservative/Liberal Democrat coalition government published proposals for reform of the House of Lords. In a White Paper and draft bill they set out detailed plans for a largely or wholly elected second chamber. These marked the latest stage in a long‐running debate on Lords reform. The government's proposals aim to change the composition of the second chamber, suggesting that there will be no change to its powers or the conventions governing relations with the House of Commons. But this expectation has been disputed. The House of Lords presently does not make full use of its powers, and many anticipate that it would if its members became elected. This paper reviews the composition of all second chambers internationally, showing that wholly directly elected chambers make up the minority, and that both mixed chambers and indirect election are common. It then reviews the formal powers of all largely and wholly elected chambers. This shows that amongst parliamentary systems the formal powers of the House of Lords are relatively great. But second chamber powers, as well as their composition, vary widely.     

From dominion to republican status: dilemmas of constitution making in Sri Lanka

This article examines the main features of Sri Lanka's post‐war constitutional development from the independence constitution of 1946 that introduced Dominion self‐governing status through the First and Second Republican Constitutions of 1972 and 1978. During this transition, executive power fluctuated between a Westminster style Parliamentary Constitution (1946, 1972) and a Presidential type of Constitution (1978) with a centralised executive directly elected by the people. The general issues surrounding the current debate on constitutional reform in recent years have centred on the abolition of the executive Presidency, an overhaul of the electoral system and the available options for power sharing with the ethnic minorities. The system of proportional representation precludes any political party from either forming a stable government or from securing the super majoritarian requirement of two‐thirds of the members of Parliament for amending the constitution. This predicament necessitates the invoking of an extra legal measure of a Constituent Assembly process to adopt an altogether new constitution to settle fundamental issues such as the structure of the state and the mode of electoral representation. Copyright © 2006 John Wiley & Sons, Ltd.     

Constitutional,legal and political problems of local government in Nigeria

The new Nigerian local government system was clearly intended by its creators to be a representative and democractic system of devolution. The speed with which elected councils have been dissolved and replaced by caretaker committees and state appointees contrasts strangely with the constitutional provision that there should be a system of local government by democratically elected local councils. The constitutionality of dissolution has been confused with the constitutionality of further local government reform. Dissolution should be seen as an emergency measure to be used rarely in cases of proven maladministration by a local government. Further reform and reorganization of a state's system of local government should be regarded as a legitimate power of the state legislature. The role given by the Constitution to local government should not be interpreted as entrenching the system. Constitutional amendment is not required should further reform be necessary.     

French Lesson: What the United Kingdom can Learn from the French Experiment with Gender Parity

France and the UK both have parliaments with one MP per constituency. This electoral system is known not to be conducive to women's representation, and both countries have struggled with low proportions of women in parliament. France's response was to introduce a gender parity law in 2000. Since then, the number of women in the French parliament has almost doubled, but still remains low by European standards and is far from parity. This article considers what the UK can learn from the French experience. In particular, it considers how gender quotas emerged onto the agenda in France, why they were set at 50% and how effective this was, how they were implemented, and why they have not been more successful. The article does not recommend following in France's footsteps, but the UK can take inspiration from France's successes and seek to avoid repeating her mistakes.     

Where Judicial Politics Are Legislative Politics: The French Constitutional Council

Judges on France's ordinary and administrative courts make law and policy by interpreting and applying statutes, but the Constitutional Council is overtly involved in policy‐making. The Council serves as a type of ‘third’ chamber of the French parliament, where it may annul unconstitutional legislation, ‘constitu‐tionalise’ various legal principles, and sometimes even prescribe the precise terms of legislation. This ‘court‐like’ body, thus, plays a significant and growing role in French policy‐making.     

A Socialist State of Grace: The Radical Reformism of Jean Jaurès*

Jean Jaurès (1859–1914) forged an innovative theory of radical reform by adopting a universalistic conception of human rights from the liberal tradition and a theory of capitalism and class from Marxism. He urged the labor movement to place less emphasis on the hope of a post-revolutionary “paradise” and instead to “live always in a socialist state of grace,” understanding socialism as a regulative ideal guiding a reformist practice. This liberal socialist politics could only take shape, he suggested, to the extent that liberal norms intersected with the self-interest of existing social movements: Jaurès's socialism, thus, is highly contingent, and makes no promises about political success. Jaurès prompts us to shift the focus of left democratic theory from the polity to the social movement, from “radical democracy” to “radical reform.”     

Central‐city and suburban migration patterns: Is a turnaround on the horizon?

Abstract

The huge population losses that characterized many older, larger U.S. cities during the 1960s and 1970s slowed and in some cases ceased during the 1980s and early 1990s. Periodic media reports of neighborhood turnarounds, commercial revitalization, and improvements in housing and the quality of life in selected inner‐city subareas have been taken as signs that central cities are retaining middle‐class residents and even attracting some back from the suburbs.

Analysis of metropolitan household migration patterns based on the U.S. Census Bureau's 1980 and 1990 Public Use Microdata Samples and more recent Current Population Surveys shows that the dominant trend in residential movement among most population subgroups is still toward the suburbs. While not discounting reports of central‐city neighborhood turnarounds and selective demographic revitalization, our findings imply that those improvements are limited and that a widespread back‐to‐the‐city movement is not likely in the foreseeable future.     

Japanese women in grassroots politics: building a gender-equal society from the bottom up

Abstract

The 1979 UN Convention on the Elimination of all Forms of Discrimination against Women highlights the importance of equal participation of women in public life. Since the early 1960s, women in Japan have voted in elections at significantly higher rates than men. However, Japanese women's equal participation in policy formulation and decision making lags far behind major democracies. Gender equality is stated under the Japanese Constitution, but social practices are far from equal. There are no legal constraints on Japanese women's right to candidacy for public office, but they are far underrepresented in local and national elected assemblies. In 1999 an important landmark in the substantial progress towards gender equality took place when the Japanese government, for the first time, legally denounced the stereotyped division of roles on the basis of gender and described men and women as equal partners. An unprecedented amount of legislation, together with policy changes and organizational reform at the national level were introduced from this state-led initiation. In the same year, women's grassroots groups were rapidly moving beyond the reach of policy, organizational, and legal changes; they successfully conducted a major nationwide campaign for ‘More Women to Assemblies¡’ and increased the number of elected women representatives at the local level at an unprecedented rate. The purpose of this article is to assess the potential of increased women's political voices in Japan, which can be seen as an alternative way of solving the problems of political disengagement in the male-dominated representative democracy. To this end, the article examines the course of watershed events in 1999 towards a gender-equal society in Japan, with special emphasis on the importance of grassroots missions in eliminating barriers to Japanese women's political participation.     

Ideas,spaces and ‘sovereigntyscapes’: Dramatising Scotland's production of a new institutional fix

Abstract

As part of a general endeavour to ‘modernise’ Britain for the epoch of globalisation, Britain's New Labour government has sought to integrate wide‐ranging constitutional reform with new structures for regional governance. Perhaps the most radical proposal concerns the attempt to align continued UK sovereignty with an elected parliament for Scotland in what has been called a ‘new covenant with the people’. This paper draws on Jane Jenson's neo‐Gramscian discourse‐regulation theory and its stress on social agency and the politics of representation, to explore the political, economic and socio‐spatial tensions and the related ideas, discursive forms and political processes that have given rise to this emergent institutional and representational ‘fix’. The author argues that rather than being perceived of solely as some ‘modernisation move’ on the part of a New Labour project, this reconfiguration of power and representation also needs to be traced to the political and representational style of Thatcherism, in particular, the latter's continuous ‘testing’ of the 1707 Treaty between Scotland and England as a negotiated settlement of economic and political union. The paper concludes with some reflections on the future prospects facing any future Scotland‐UK institutional settlement, including the question of sovereignty.     

Digital Government: A Primer and Professional Perspectives

Digital technology is a critical enabler of public administration reforms. It can improve the efficiency and productivity of government agencies and allow citizens to transact with government anytime, anywhere. It can also deepen the democratic process, empowering citizens to participate in policy formulation. In this article Andrew Botros, the director of Expressive Engineering, and Maria Katsonis, from the Department of Premier and Cabinet (Victoria), explore the challenges of the digital world for the public sector. Katsonis presents a primer on digital government tracing its evolution from the e‐government movement of the 1990s to Government 2.0 in the 2000s to today's digital‐by‐default agenda. As technology and its role in public sector reform have progressed, so too have the governance, cultural, and leadership challenges deepened. Botros examines NSW approach to open innovation with the Premier's Innovation Initiative in NSW, the state's open data experience, and Transport for NSW and its management of public transport data. He argues NSW's approach involves a significant innovation trade‐off, requiring fresh thinking in digital‐era collaboration.     

Costs of Cooperation Rather than Competition in the Provision of Justice?

The civil law reforms starting in the USA and exemplified by Lord Woolf's reform package(1995; 1996) in the U.K. are considered in the context of diminishing legal aid and pressure on judges to become case managers responsible for the economic performance of their courts. The reforms are being sold in a package that promises a fairer system for all, greater access, cheaper and quicker justice, less stress and greater party control. This move from the welfare state to a civil society is analysed using Habermas's critical theory in an effort to uncover and debate its assumptions. Specific recent changes in civil procedure in Queensland are referred to in this context.     

Decentralising France: How the socialists discovered pluralism

Reversing European trends toward the consolidation of local government and the imposition of stronger central controls, the French Socialist government undertook a major legislative programme to restructure French local government. This experience is examined in the light of early Socialist commitment to municipal Socialism and their return to power in the Fifth Republic using their local power base. Local reform posed three dilemmas for the Socialists: how to avoid turning local government over to the extreme left or autogestion forces in the party; how to meet the economic demands of locally elected officials without losing fiscal and financial control; and how to enhance decision‐making powers of elected officials at all three levels (municipal, département and region) while also achieving managerial reforms. Their pluralist response was a pragmatic blend of political, economic and budgetary concessions. Participation was enhanced by vigorous efforts to revive voluntary associations; contractual arrangements were devised to put economic programmes for unemployed youth, the elderly and industrial assistance more squarely in local hands; and new managerial methods were coupled to limits on prefectoral powers and budgetary initiatives. The reforms offer important new opportunities for the growth of local government while confirming Socialist dedication to republican ideals.     

Does school accountability lead to improved student performance?

The leading school reform policy in the United States revolves around strong accountability of schools with consequences for performance. The federal government's involvement through the No Child Left Behind Act of 2001 reinforces the prior movement of many states toward policies based on measured student achievement. Analysis of state achievement growth as measured by the National Assessment of Educational progress shows that accountability systems introduced during the 1990s had a clear positive impact on student achievement. This single policy instrument did not, however, also lead to any narrowing in the Black‐White achievement gap (though it did narrow the Hispanic‐White achievement gap). Moreover, the Black‐White gap appears to have been adversely impacted over the decade by increasing minority concentrations in the schools. An additional issue surrounding stronger accountability has been a concern about unintended outcomes related to such things as higher exclusion rates from testing, increased dropout rates, and the like. Our analysis of special education placement rates, a frequently identified area of concern, does not show any responsiveness to the introduction of accountability systems.© 2005 by the Association for Public Policy Analysis and Management     

Governments and unpopular social policy reform: Biting the bullet or steering clear?

Abstract. Under which conditions and to what extent do governments pursue unpopular social policy reforms for which they might be punished in the next election? This article shows that there exists substantial cross‐cabinet variation in the degree to which governments take unpopular measures and argues that current studies cannot adequately explain this variation. Using insights from prospect theory, a psychological theory of choice under risk, this study hypothesises that governments only engage in unpopular reform if they face a deteriorating socio‐economic situation, a falling political position, or both. If not, they shy away from the risk of reform. A fuzzy‐set Qualitative Comparative Analysis (fs/QCA) of the social policy reform activities pursued by German, Dutch, Danish and British cabinets between 1979 and 2005 identifies a deteriorating socio‐economic situation as necessary for unpopular reform. It is only sufficient for triggering reform, however, if the political position is also deteriorating and/or the cabinet is of rightist composition. This study's findings further the scholarly debate on the politics of welfare state reform by offering a micro‐foundation that helps one to understand what induces political actors aspiring to be re‐elected to engage in electorally risky unpopular reform.     

Parity in France: A ‘Dual Track’ Solution to Women's Under-Representation

As the world's first country to adopt a ‘parity’ quota, France could be considered an example of the growing phenomenon of quotas as a ‘fast track’ solution to the problem of women's under-representation. French universalism had impeded a more ‘incremental track’ to gender equality whilst placing a constitutional ban on quotas. The design of ‘parity’ as a means of overcoming these hurdles was both normative and pragmatic. Parity could be considered an example of a symbolic policy, where grand claims were made early on but the corresponding legislation only became effective over time. While the practical constraints on parity have delayed its impact, the recognition of the need to ‘legislate equality’ has had a more profound impact, leading to the creep of parity into other areas such as ethnic minority representation and parity in the workplace. This broader societal change is indicative of a ‘dual track’ to gender equality.     

Did Ontario's Zero Tolerance & Graduated Licensing Law reduce youth drunk driving?

On April 1, 1994, Ontario, Canada, instituted a new graduated driver license (GDL) system that effectively set the legal blood alcohol content (BAC) threshold at zero for the first few years of a youth's driving eligibility. I use data from the 1983–2001 Ontario Student Drug Use Surveys (OSDUS) to examine whether the Zero Tolerance (ZT) policy reduced self‐reported drinking and alcohol‐involved driving among youth. I find that rates of drunk driving reported by 16‐ to 17‐year‐olds—who faced new, lower legal limits after adoption of the ZT policy—were about 5 percentage points lower after the law was implemented. Visual inspection of the data, however, shows that the estimated reduction is an artifact of a pre‐existing trend: Drunk driving rates in this age group were falling steadily throughout the 1980s and into the 1990s. Estimates that account for this pre‐existing trend or that consider shorter windows around the 1994 implementation date return effects on alcohol‐involved driving that are either small and statistically insignificant or large and implausibly signed (positive). These null findings are robust to using the associated change in outcomes for slightly younger (14–15) or slightly older (19–20) youths as controls in a difference‐in‐differences framework. I similarly find no robust effect on drinking participation. This suggests that Ontario's age‐targeted drunk driving law—despite being harsher than similar policies in the United States—was not responsible for reductions in Canadian youth road fatalities over the past two decades. © 2006 by the Association for Public Policy Analysis and Management