Normative and Empirical Perspectives on Constitutionalism and Presidentialism

Maxwell A. Cameron, Strong Constitutions: Social‐Cognitive Origins of the Separation of Powers. Oxford: Oxford University Press, 2013. Figures, notes, bibliography, index, 268 pp.; hardcover $65, paperback $31.95, ebook. Roberto Gargarella, Latin American Constitutionalism, 1810–2010: The Engine Room of the Constitution. Oxford: Oxford University Press, 2013. Notes, bibliography, index, 298 pp.; hardcover $74, ebook. Michael L. Mezey, Presidentialism: Power in Comparative Perspective. Boulder: Lynne Rienner, 2013. Bibligraphy, index, 260 pp.; hardcover $58, ebook $58. Gabriel L. Negretto, Making Constitutions: Presidents, Parties, and Institutional Choice in Latin America. Cambridge: Cambridge University Press, 2013. Figures, tables, appendix, notes, bibliography, index, 296 pp.; hardcover $95, paperback $32.99, ebook $26.     

Against Global Parliament

Experimentation is often thought to be a key quality of any legitimate democratic system. Employing global parliamentary proposals as a heuristic, this article suggests that top‐down models for global democratization – proffered by liberal cosmopolitans and world government scholars – may create path‐dependencies which foreclose options for experimenting with alternative institutional designs in the future. Drawing upon historical institutionalism, the structure, sequence, and setting of top‐down proposals are outlined to show how experimentation with other forms of democracy may be constrained in problematic ways. Following this assessment, the article suggests that striving for democratic values under a pluralist arrangement of global governance may facilitate incremental institutional development and promote experimentation over time.     

Konsekrationsinstanzen im digitalen Wandel – Beiträge zur Erweiterung des feldanalytischen Forschungsprogramms am Beispiel populärer Musik

The article has two objectives: First, pursuant to the recent papers on a “sociology of (e)valuation,” an extension of Bourdieusian field theory will be presented, which reacts to three problems with this theory that were expressed in the critical reception: the immanent tendency to emphasize reproduction more strongly than transformation; the disregarding of technology; and the simple dualism of cultural and economic logic. To begin with, a dynamization of the research program will be undertaken, in that fault lines and transformation dynamics will be revealed that could lead to the invalidation of Pierre Bourdieu’s strict homological assumptions. Following up on that, it will be shown how technology, which was neglected by Bourdieu, can become an (external) factor that causes fundamental changes in fields. Finally, in connection with Jörn Lamla’s reflections on “cultural capitalism” and through a differentiation of the concept of the instance of consecration, a level of analysis will be specified on which the transformation dynamics under discussion can be observed. Secondly, the successful integration of technology in new forms of consecration in the field of pop music will be examined. On the basis of the reaction of classical pop-music journalism to the new value assignment instances that have arisen through digitalization, it can be shown that the challenge arising from new forms of consecration results in negotiatory processes in the field of pop music journalism in which various repositionings in the relationship of cultural and economic logics appear.     

High‐End Demand: The Legal Profession as a Source of Judicial Selection Reform in Urban China

Most studies of comparative judicial politics suggest that judicial autonomy emerges from democratic competition, but despite its authoritarian political system, China has introduced reforms that increase merit‐based competition, transparency, and modest professional autonomy in local courts. Variations in judicial selection procedures across urban China reflect differences in local markets for professional legal services: when mid‐ranking judges can easily find lucrative local employment as lawyers, court leaders strategically reform appointment and promotion mechanisms to retain these young, but experienced, judges. These findings are based on nearly fifteen months of in‐country fieldwork, conducted between 2012 and 2014, including forty‐nine interviews with judges across three different cities: Shanghai, Shenzhen, and Chengdu. Employing the subnational comparative method, this article not only builds theory regarding the legal profession's role in authoritarian states, but also offers new empirical detail regarding the selection, performance evaluation, and behavior of judges in urban China.     

Keep Rowing: Amitai Etzioni and History

Reflecting on the most recent stage of his career, the communitarian, Amitai Etzioni, gives three reasons for what he perceives as his loss of influence. First, the media prefers an argument between strongly opposed positions, but Etzioni is neither liberal nor conservative. Second, the media prefers specialized intellectuals, but Etzioni has refused to “stick to his knitting.” Third, Etzioni has taken an unpopular, dovish position on China. I argue that Etzioni is mistaken about the reasons for his and communitarianism’s rise and perceived fall and offer a more optimistic assessment than he does of the potential influence of his thought. I use this local problem of historical interpretation to question Etzioni’s global interpretation of modern history.     

The politics of judicial discretion: Rethinking the interaction between national courts and the Eurpean court of justice

The recognition that courts play a significant role in the process of European integration has focused attention on the interaction between national judges and the European Court of Justice. The prevailing theoretical model of this interaction holds that a variety of incentives impel national judges to co‐operate with the ECJ by providing it with frequent preliminary references. This article tests the ability of the model to account for the behaviour of national courts during the period 1972–94. In assessing the utility of the model two central claims are made. First, that the model as currently constructed is incapable of explaining the patterns of references originating from various member states, particularly the consistent lack of references from British courts. Second, that the level of British references, and patterns of judicial co‐operation in general, can be better understood by questioning the model's core assumption ‐ that national judges face powerful incentives to refer to the ECJ. As a first step in this direction, the article examines how the discretion to make or withhold references bestows on national judges the power to hasten or retard the pace of integration as well as to influence specific policy outcomes.