Citizens versus Parties: Explaining Institutional Change in German Local Government, 1989–2008

Abstract

From 1989 to 2008, local governments in Germany have experienced ‘massive’ institutional change. Local constitutions have been altered in all German states giving citizens more say in local politics, while at the same time reducing local parties' influence. The paper first describes the changes according to two analytical models of local democracy. It then tries to explain the institutional change as a process of diffusion in a federal state. Three questions are answered in the explanatory part: Why did some forerunner states start with the reforms at the beginning of the 1990s and not earlier? Why did the reforms continue in other states although there was no general pressure from above? And why did some states continue with the reforms while others did not? In the first part of the paper the changes are described quantitatively while a qualitative approach is used in the explanatory part. The analyses show that the beginning of the reforms is related to ‘massive political failure’ while further reforms are a result of rational learning by different actors (large parties, small parties, non-governmental actors) depending on different means of reform. Based on these results we forecast a continuation of the reforms in the next years leading to a convergence of citizen-oriented local government all over Germany.     

Main-streaming the climate change and green growth agenda into development visions: A narrative from selected sub-Sahara African countries

Abstract

Primary commodities continue to play a critical role in the economic development of many economies in Africa. However, the climate change phenomenon is threatening the role of these commodities through two routes. First, through its demand for a development trajectory that mitigates and adapts to climate change by following a less primary commodities-intensive development agenda, and second, climate change induced extreme weather events such as floods and drought that threaten the production of some of these commodities, Through a case study of four primary commodities-intense African economies: South Africa, Kenya, Nigeria and Cameroon, this article examines the degree and intensity of the articulation of the climate change and green growth agenda in the policy documents that shape the development agendas of these countries. The findings indicate a paucity of discussions on the green growth agenda in the development visions of all the countries except South Africa. In contrast, there is a general discussion of the challenges that climate change poses to the development efforts and articulation of the need to mitigate and adapt to these challenges. The need for mitigation and adaptation is proactively articulated in the post-2007 development visions of South Africa, Nigeria and Cameroon and retrospectively discussed through complementary policy documents supporting the pre-2007 development vision of Kenya. What remains to be determined, is how these visions will be translated into specific policies and implemented in order to enable these economies to adapt to and mitigate climate change in a manner that allows them to sustainably exploit some of their primary commodities and to compete in a world that in the future will increasingly demand green products and services.     

Shifts in Governance in a Polycentric Urban Region: The Case of the Dutch Randstad

The Dutch Randstad is governed by a complex, polycentric institutional structure. In the past, many attempts to streamline the formal institutional structure have failed. However, within the basically unchanged formal structure important informal-institutional changes have been realized. They present shifts in governance rather than reorganizations of government. They present a flexible response to the pressures of glocalization, in the sense that they reflect both patterns of administrative down-scaling (localization at the level of specific issues and neighborhoods) and administrative up-scaling (regionalization at the level of the interurban conurbation). The flexible response is developing in practice, without a master plan or a master planner, and in that sense more in line with the underlying polycentric logic of the Dutch Randstad than previous attempts at finding the ultimate institutional fix.     

The origins of bureaucracy: an anthropological perspective

Many decades have passed since the first appearance of Max Weber's seminal study, in Wirtschaft und Gesellschaft , of the origins and characteristics of bureaucracy. His analysis was, naturally, dependent on the existing knowledge of his day; but the growth and maturity of archaeology and anthropology as academic disciplines have shed much new light on the historical and social contexts in which bureaucratic organizations emerged. This article, using Sumerian civilization as a case in point, summarizes much of what we now know about the conditions under which bureaucracy first originated and flourished. In so doing, it identifies several major human developmental and social transformations—the hominid revolution, the agrarian revolution, and the urban revolution—which played vital roles in the evolution and expansion of the bureaucratic form of organization.     

Sub-national Responses to Climate Change in England: Evidence from Local Area Agreements

Abstract

The machinery of governance to address climate change at the sub-national level in England continues to evolve. Drawing on documentary evidence and the views of civil servants and local authority officials from the English West Midlands, this article explores the process through an examination of the inclusion of climate change indicators in the recent round of Local Area Agreements (LAAs), negotiated between central government and local authorities and Local Strategic Partnerships. Considerable popularity has been accorded these indicators nationally, but there are important variations in the pattern of take up. Moreover, significant uncertainties surround the contribution of local measures to reduce CO₂ emissions and the targets attached to measures to adapt to climate change are seen as undemanding. Conversely, the impending Carbon Reduction Commitment will act as a powerful incentive for public bodies to cut CO₂ emissions from their estates. Although potentially contributing to greater coherence in tackling climate change, achieving collective action through LAAs will prove problematic.     

Gran Torino

Given the current constellation of fiscal, moral, and logistical problems facing its corrections industry, the USA is on the cusp of a widespread penal reform movement. For the past 200-plus years, each US penal reform that intended to diminish penal practices resulted in widening the reach and deepening the roots of the nation’s punishment system. The question asked here is: is the restorative justice movement in the USA headed the way of past benevolent penal reforms? A new type of social movement: the regressive social movement model is presented. Three past benevolent penal reforms – the penitentiary, the adult reformatory movement, and parole are dissected in order to formulate a regressive reform profile and tested against the restorative justice movement. Field research finds that a repeat performance of regressive reform is in progress. In each of the eight restorative justice movement, variables demonstrate characteristics evident in past benevolent penal campaigns, resulting in a redirection of the campaign’s course.     

Beliefs about child witnesses: A survey of professionals

This research addressed how professionals involved with the legal system evaluate children, primarily between 4 and 8 years old, as witnesses. In particular, we focused on professionals’ beliefs and opinions regarding children's memory, suggestibility, and behaviors as they relate to witness credibility. In addition, we surveyed professionals’ evaluations of investigative methods related to reliability. Four hundred and seventy-eight professionals working with children in the Norwegian legal system (i.e. judges, police detectives, psychologists, child psychiatrists, prosecutors, and defense attorneys) completed a questionnaire about child witness issues. Results indicated that psychiatrists as well as police officers expressed greater belief in children's capacities than did other groups, whereas defense attorneys and psychologists were more skeptical regarding children's general credibility. Psychiatrists and psychologists both, however, tended to favor, more than did legal professionals, the use of clinical techniques with children in abuse investigations. Implications are discussed in relation to professionals’ attitudes toward children as witnesses.     

Here we go round the review-go-round: Rape investigation and prosecution—are things getting worse not better?

Abstract

Despite numerous reviews, reports and commissions of inquiry, the investigation and prosecution of rape cases remains fraught. Victims are still ambivalent about reporting incidents of sexual violence, while those who do often struggle to be believed and have their cases progress through justice systems. This paper explores some of the reasons why promised reforms materialise so rarely into tangible benefits for the majority of rape complainants, and focuses on six areas: reporting, attrition, adversarial justice systems, victim support, specialisation and attitudes. These are canvassed with particular reference to examples from England and New Zealand demonstrating the barriers to substantive reform and the ways in which gender inequalities and patriarchal beliefs continue to impact upon both the prevalence of sexual violence as well as state responses to its occurrence. The paper contains a cautionary message regarding the potential dangers involved in accepting the rhetoric of reform while the underlying realities remain little changed.     

More than Rubber-Stamps: The Consequences Produced by Legislatures in Non-Democratic States beyond Latent Legitimation

Despite various works suggesting the contrary, legislatures in non-democratic states are overwhelmingly generalised as ‘rubber-stamps’ that provide nothing other than latent legitimacy for those in power. Based on examination of legislatures in 10 of the world's most undemocratic states this paper highlights their capacity to act in precisely the opposite manner, serving to empower citizens, strengthen opposition groups and weaken dictatorial regimes. Whilst recognising that legislatures can be manipulated and subjugated by such regimes, the article seeks to highlight the variations between legislatures and the need to take account of their true potential.