52
COMPARATIVE POLITICS Law, Constitution, Federalism

COMPARATIVE POLITICS Law, Constitution, Federalism

Embed Size (px)

Citation preview

COMPARATIVE POLITICS

COMPARATIVE POLITICSLaw, Constitution, FederalismLaw and Politicslaw-bounded statecodified limits on exercise of power and predictabilitylegal monism: alternative sources of rules eliminated by modern statesRule by lawcreating laws to regulate behaviourRule of law Everyone expected to obey the law

ConstitutionsThe specific legal document that lays down:the basic institutions of stateprocedures for changing them basic rights and obligations of citizensWritten or unwritten

ConstitutionsThree branches of stateThe executive: President and/or the governmentThe legislative: The Congress, Assembly...The judiciary: Court systemFundamental RightsConstitutions contain a list of fundamental rights of citizens

Eleanor Roosevelt and the Universal Declaration of Human Rights (1948)Federalism Territorial decentralization of powerConstitutional division of power among different authorities at the central and local levelsTwo-chamber parliamentConstitutional courtThe risk of civil warsThe risk of paralysis

ConsociationalismDeep ethnic and sectarian cleavages among people Manage diversity through power-sharingGrand coalitions representing all the main communitiesAutonomy of communities in specific policy areasMinority vetoes appliedRequires small statesTemporary solutionElections and VotingThe Voting ParadoxVoting for obtaining the majority viewHow? Election systems decisive

No. Of voters1st choice2nd choice3rd choice8ABC4BAC6CBA4CABElection systemsPlurality or first-past-the-post systemWhoever gets more votes winsIndividuals elected rather than party listsFavours majority governmentsCan exclude minoritiesPossibility of wasted votes discourage votersPlurality systems

Election systems contdProportional RepresentationPriority is representing public opinion in generalFavours minorities and small partiesTend to lead to coalition governments Hybrid systemsAlternative member model/ mixed member proportional representationHalf of the seats plurality, half proportionalTwo rounds/ runoff votingWhen the first round does not produce over 50%In the second round two strongest candidates are up for vote againLegislaturesFunctionsDemocracy -> Parliaments (legislatures)Representational functionVoice of societal groupsParliamentary immunityConstituenciesSame number of reps for big and small states or proportional?FunctionsGovernmental functionForming government, making policyParliamentary system (more than one party)The parliament decides on the head of governmentThe parliament elected by the people Presidential system (winner takes all)The head of state (president) either serves as the head of government or chooses the head of government Both President and Parliament elected by the peopleFunctionsGovernmental function (contd)LegislationExecutive (President/ Government) source of legislationIn Europe, the EU Commission is the sourceParliaments debate and vote on billsEnsuring accountabilityVote of no confidenceImpeachment StructureUnicameral/BicameralInfluence of tradition (UK House of Lords)Federalism (different levels of government represented)Better legislation (two houses agreement)Committees (permanent or ad hoc)

Example: German Parliament5 percent rule:Electoral threshold for parties to enter the Bundestag is 5% of the votesConstructive vote of no confidenceBundestag can bring down the chancellor (the prime minister) by a vote of no confidence. But they have to vote for the replacement too

Example: US parliamentConstitution aims to limit the ability of the federal government to control citizens lives through:Federalism: federal government, states can limit each others actionsChecks and balances (executive, judicial, legislative) can limit each others powers

US: Checks and balances

POLITICAL ECONOMYWhat is political economy?Economic policymaking Choosing economic objectivesHow the state and economy interact.Economy influencing government: The relationship between economic growth and electoral success.Government influencing economy:The level of state intervention in economy.What about political economy?Peoples concerns boil down to:Prosperity and economic growth (performance)How economic benefits are spread (distribution)

Economic Policy I: GrowthIncrease in Gross Domestic Product:Does the GDP (total amount of all economic transactions in the state) increase?GDP annual in USD

Economic Policy I: GrowthIncrease in GDP PER CAPITA!Does the GDP divided by the number of people in the country increase?GDP per capita

Beyond GDP?GDP not designed to be comprehensive measures of prosperity and well-being. We need adequate indicators to address global challenges of the 21stcentury such asclimate change, poverty, resource depletion, health and quality of life.Human Development Index- Inequality

Higher the number higher the inequalityEconomic Policy I: GrowthNatural resourcesPolicies and politicsRentStrategiesImport-substitution industrialisationState discouraging importsProtecting domestic industriesExport-led growthState guiding investment Protecting domestic industries National champions pushed to export

Economic Policy II: controlling inflation and unemploymentInflation: general rise in pricesToo much money available, short supply of goodsGovernments can fight by increasing interest ratesThe amount of money declinesEconomic activity declinesUnemployment rises in the short termEconomic Policy IIHow to fight unemployment?Creating jobs through short-term government projectsHow to ensure that will remain short-term?Training displaced workers for new jobsDoes not prevent all unemploymentEconomic Policy III: Managing distributionGovernment can distribute resources for greater equality by:Subsidies and aids for the poorProgressive taxationTools and limitsTool: Independent central banksSet up by the states, to coordinate policies of private banks and control interest ratesUS Federal Reserve, German Bundesbank, etc.Why independence?Anti-inflation policies are unpopular policiesHow independent? LawsTransparency of its work

Tools and limitsLimit: CorruptionBribes, state capture, personal gain, etc.Especially at times of major transition Russia- oligarchsChina- anti-corruption policies Example: US Political EconomyFree market and laissez-faire policiesBUT with important exceptions:Agricultural subsidies (minimum price and export subsidies)Historically used military power to maintain marketsDistribution of income is unequalIn 2006 1 in 7 Americans did not have health insurance Obama reformRegressive social security taxExample: German Political EconomyFramework regulation of the marketGuidelines set by the state, market forces operate freelyHigh-wage, skilled labour through vocational trainingTrade surplus (usually)Bundesbank prioritized anti-inflationary policies partly due to the 1920s inflationary experience.Generous welfare spending

Political Parties, Civil Society, Interest GroupsPolitical PartiesOrigins: Independently elected representatives trying to find ways to cooperate in passing legislation (1700s)Structures and facilitates legislation processGroups are less time-consumingGroups are more predictableGroups are more reliablePolitical PartiesIndustrialization led to class divisions between capital and labor (1850s->)Mass partiesSince WWII (1945->): catch-all parties aiming to attract the median voterA political party is an institution that seeks influence in a state often by occupying the government, and usually consists of more than a single interest in the society.Political Parties: FunctionsLegitimation of the political systemMobilization of citizensRepresentationStructuring the popular voteAggregation of diverse interestsPolitical competition and providing leaders for officesFormulation of policy programmesPolitical Parties- TypologyLiberal: free market, civil and political rights, equality, minimal state interventionConservative: traditional form of social relations, hierarchy, free marketChristian democrats: Christianity, traditional family values, free market, state spending on welfareSocial Democrats: Achieving workers control through democratic elections initially. Today, free market+state welfare Political Parties- TypologyCommunist: Achieving workers control through revolution, attached to Communist International in MoscowRegional Parties: Interests of a region, usually want independenceEnvironmental Parties: Skeptical of free market, social justice.Nationalist parties: National values, independenceIslamic Parties: Based on Islamic values or Islamic LawCivil Societyinclude all non-market and non-state organizations outside of the family Ex: village associations, environmental groups, womens rights groups, faith-based organizations, labour unions, professional associations, independent research institutes and the not-for-profit media.

Civil SocietyPopular use at the end of the 1980sWaves of peoples protests against communism in Eastern Europe bring down Soviet Union in 1991Is civil society always a force for good?How civil?GONGOs?Mafia organizations?How independent from the state?Interest GroupsThose organisations in civil society that are formed to promote a particular interest in the political system.Example: Israel Lobby in the USAMearsheimer and Walt: Israel Lobby in the USAIsrael is the largest recipient of US financial assistance in total since World War Two, to the tune of well over $140 billion (in 2004 dollars)Since 1982, the US has vetoed 32 Security Council resolutions critical of Israel.the US gives Israel access to intelligence it denies to its other allies

The Israel Lobby: organisations and individuals pressuring the US government to a pro-Israel policyLobby leaders coordinate policies to advance with Israeli government.The US form of government offers activists many ways of influencing the policy processelected representatives and members of the executive branch, make campaign contributions, vote in elections, try to mould public opinionWeak pro-Arab interest groupsThe Impact of the MediaInfluence perceptions of politics and the stateCNN effectUpholds freedom of speech and expressionNew communication technologies create a new public space for civil society activity:Help people organize easilyAllow diverse views to be heardTwitter and facebook? Identi.ca?Offer possible transformation of decision-making

https://identi.ca/