A Fossilised Constitution?

Abstract.  The purpose of this paper is to analyse the limits of constitutional reform. Some constitutions, for example, the German (art. 79, sec. 3), the Italian (art. 139), the Portuguese (art. 288), the French (art. 89, sec. 5), and the Brazilian (art. 60, sec. 4), contain an "essential core" of rights, which is usually understood as being immune to change. The initial focus in the paper is on the discussion on whether and to what extent these "essential cores" are indeed immune to change. A second focus is on Ross's paradox. Here I analyse and reject Ross's own solution to the paradox and I show, too, that the paradox admits no solution that does not imply a discontinuity in the legal system.     

Europeanization or Party Politics? Explaining Government Choice for Corporatist Concertation

This article assesses whether changes in government choice for policy concertation with trade unions and employers are better explained by international or domestic factors. We compare patterns of corporatist governance in a strongly Europeanized policy domain (labor migration policy) and in a weakly Europeanized policy domain (welfare state reforms) over the last 20 years in Austria and Switzerland. We show that there is no systematic difference in patterns of concertation between the two policy sectors and that factors linked to party politics play a bigger role in the choice of governments for concertation. If the base of party support for policies is divided, governments are more prone to resort to corporatist concertation as a way to build compromises for potentially controversial or unpopular policies. By contrast, ideologically cohesive majority coalitions are less prone to resort to concertation because they do not need to build compromises outside their base of party support.     

RETHINKING E‐GOVERNMENT PERFORMANCE ASSESSMENT FROM A CITIZEN PERSPECTIVE

The use of information and communication technology (ICT), particularly that related to the consolidation of the internet as a social and business networking medium, has impelled governments towards enabling e‐government (e‐gov) programs to transform the future of the delivery of public services. E‐gov has a clear economic, social, and political impact that should be monitored in order to steer the design of effective public policies. In this article, we argue that evaluating the impact of e‐gov entails a complex process of e‐gov performance assessment that should take into account the perspective of citizens. Supported by a framework that combines two theoretical views, namely the structurationist view of technology and the social shaping of technology, we propose a model that consolidates nine performance dimensions. This model is the result of empirical work based on an in‐depth analysis of interviews with relevant social groups regarding their perceptions of the technological artefacts of e‐gov.     

State-led wage devaluation in Southern Europe in the wake of the Eurozone crisis

South European labour markets have gone through a substantial level of downward adjustment in wages (internal devaluation) and liberalisation in the aftermath of the Eurozone crisis. Yet, there have been differences in the extent of change between Greece, Portugal, Spain and Italy. These differences cannot be explained by the size of the economic crisis alone. While existing analyses focus on the extent of external pressure or party ideologies, this article focuses on the pre-existing level of regulation by the state as opposed to regulation by social partners. It shows that devaluation and liberalisation were the most extensive in countries where governments possessed more tools to force down wages (statutory job protection, state regulations of collective bargaining, minimum wages), sometimes even against the will of employers. In contrast, countries with a higher level of autonomy for social partners (and fewer policy instruments available to governments to influence wages) devalued less. In some cases, the crisis led to more power to the state, rather than less. The article shows that state intervention can be a facilitator rather than a barrier to wage adjustment.     

Duverger's Laws: Between social and institutional determinism

Abstract. The purpose of this article is to relocate Duverger's Laws within the debate about the effects of electoral systems on the number of parties. Although Duverger's theory has always been seen as the best example of a purely institutionalist approach to the issue, it is possible to argue that this is only true if one overemphasises the meaning of the laws without considering Duverger's justification and explanations for them. However, if one takes into consideration not only the laws, but also Duverger's theories about the effects of electoral systems on the number of parties as a whole, one can argue that his theses do not have a purely institutionalist character and can therefore coexist with theories that try to take into account variables other than electoral rules.     

Deregulation and Participation: An International Survey of Participation in Electricity Regulation

Amidst the wave of privatization and "deregulation" across the globe, a new set of regulatory structures is being created. The fact that deregulation actually involves "re-regulation" has been acknowledged in the recent literature, but the tension between regulation and public participation has been understudied in these new structures. While some private markets need effective regulation to reduce transactions costs and ensure stable market rules, consumers need regulation that is responsive to, and protective of, their interests. Consumer participation, therefore, is an important component of effective regulation. Effective regulation must also consider collective national or public interests, including the well-being of corporations. Therefore, regulatory agencies need to be both independent from, and responsive to corporate, consumer, and public interests. This article will briefly examine the tension among the competing goals of regulatory independence and responsiveness, and then conduct a broad survey of the status quo of public participation in national regulatory structures for electricity in the Americas. Our case studies demonstrate a wide variety of institutional mechanisms for participation, yet we find that no existing system seems to embrace direct participation by a wide set of consumers. The problems are even more acute in developing countries. We conclude by looking at recent experiments and proposals to improve the levels of participation in regulatory decision making.