The ‘third way’ and the politics of law and order: Explaining differences in law and order policies between Blair's New Labour and Schröder's SPD

Advocating more repressive law and order policies along the slogan ‘tough on crime, tough on the causes of crime’ in their election manifesto, Tony Blair in the United Kingdom and Gerhard Schröder in Germany were elected in the late 1990s. Once in power, however, only New Labour substantially toughened law and order policies, whereas the German Social Democrats did not change the legal status quo, to a similar extent, during their mandate. This article tackles this puzzle, arguing that the preferences of the ministers and the formal and informal rules shaping the balance of power in government are crucial to understanding why two governments that initially advocated similar policies adopted a rather different policy stance. The results are based on meticulous process tracing and a series of elite interviews concerning two major topics in the realm of law and order during the 1990s: policies directed at sexual offenders, and policies responding to the terrorist attacks of 9/11.