Laurence Whitehead
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199253289
- eISBN:
- 9780191600326
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199253285.003.0005
- Subject:
- Political Science, Democratization
Considers the theory and practices of ‘accountability’ that are associated with liberal constitutionalism, democracy, and especially contemporary democratization. Once again, it adopts a broad ...
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Considers the theory and practices of ‘accountability’ that are associated with liberal constitutionalism, democracy, and especially contemporary democratization. Once again, it adopts a broad temporal and spatial perspective with the result that a plurality of alternative approaches and possibilities is highlighted, and processes of accountability‐building are presented as open‐ended. The chapter argues that it is possible to have both ‘too much’ accountability and also the ‘wrong sort’. Bicameralism and impeachment are selected for particular attention.Less
Considers the theory and practices of ‘accountability’ that are associated with liberal constitutionalism, democracy, and especially contemporary democratization. Once again, it adopts a broad temporal and spatial perspective with the result that a plurality of alternative approaches and possibilities is highlighted, and processes of accountability‐building are presented as open‐ended. The chapter argues that it is possible to have both ‘too much’ accountability and also the ‘wrong sort’. Bicameralism and impeachment are selected for particular attention.
Andrew Reynolds
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198295105
- eISBN:
- 9780191600128
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295103.003.0003
- Subject:
- Political Science, Democratization
This is the second of four chapters that discusses the theoretical underpinnings of the research on democratization in southern Africa that is described in the book, as well as providing qualitative ...
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This is the second of four chapters that discusses the theoretical underpinnings of the research on democratization in southern Africa that is described in the book, as well as providing qualitative discussions of democracy in the five country case studies used: Malawi, Namibia, South Africa, Zambia, and Zimbabwe. It first defines the intervening variable of ‘inclusion’, which is described as key to the explanation of how conflicts are best managed within divided societies, and discusses its relationship to the macro-institutional explanatory (independent) variables used in the study. It then defines and describes how to measure each of the explanatory variables used: electoral system type; democratic type (coalitions and grand coalitions – consensual– versus concentrations of executive power; fusion – majoritarian – or separation of executive and legislative powers; unicameralism or bicameralism; type of party system; issues dimensions of partisan conflict; unitary versus federal government; constitutions, minority vetoes, and judicial review); and executive type (presidential or parliamentary). The data obtained for each country are discussed, compared, and summarised in tables.Less
This is the second of four chapters that discusses the theoretical underpinnings of the research on democratization in southern Africa that is described in the book, as well as providing qualitative discussions of democracy in the five country case studies used: Malawi, Namibia, South Africa, Zambia, and Zimbabwe. It first defines the intervening variable of ‘inclusion’, which is described as key to the explanation of how conflicts are best managed within divided societies, and discusses its relationship to the macro-institutional explanatory (independent) variables used in the study. It then defines and describes how to measure each of the explanatory variables used: electoral system type; democratic type (coalitions and grand coalitions – consensual– versus concentrations of executive power; fusion – majoritarian – or separation of executive and legislative powers; unicameralism or bicameralism; type of party system; issues dimensions of partisan conflict; unitary versus federal government; constitutions, minority vetoes, and judicial review); and executive type (presidential or parliamentary). The data obtained for each country are discussed, compared, and summarised in tables.
Nigel Aston
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265383
- eISBN:
- 9780191760433
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265383.003.0007
- Subject:
- History, European Early Modern History
Jacques Necker progressively advocated political values for the French monarchy that were broadly in line with those operative within a British constitutional nexus. He came to see the value of a ...
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Jacques Necker progressively advocated political values for the French monarchy that were broadly in line with those operative within a British constitutional nexus. He came to see the value of a bicameral constitutional settlement that would allow ‘aristocracy’ in one chamber to act as a counterweight to ‘democracy’ in another. However, he was slow to acknowledge the core difference between the tightly defined British nobility — synonymous with the peerage — and the tensions that existed within the formal, juridical unity of the French Second Estate. Necker's view of what a publicly responsible nobility might undertake within a state had its origins in his (and his wife, Suzanne's) many conversations with David, Seventh Viscount Stormont, British Ambassador to France, 1772–78, whom they saw as the embodiment of aristocratic state service. With the failure of the proposal for a two-chamber National Assembly in the autumn of 1789, Necker was forced to admit that the majority of his countrymen had turned against British models just as he had decided to embrace them wholeheartedly.Less
Jacques Necker progressively advocated political values for the French monarchy that were broadly in line with those operative within a British constitutional nexus. He came to see the value of a bicameral constitutional settlement that would allow ‘aristocracy’ in one chamber to act as a counterweight to ‘democracy’ in another. However, he was slow to acknowledge the core difference between the tightly defined British nobility — synonymous with the peerage — and the tensions that existed within the formal, juridical unity of the French Second Estate. Necker's view of what a publicly responsible nobility might undertake within a state had its origins in his (and his wife, Suzanne's) many conversations with David, Seventh Viscount Stormont, British Ambassador to France, 1772–78, whom they saw as the embodiment of aristocratic state service. With the failure of the proposal for a two-chamber National Assembly in the autumn of 1789, Necker was forced to admit that the majority of his countrymen had turned against British models just as he had decided to embrace them wholeheartedly.
Josh M. Ryan
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780226582061
- eISBN:
- 9780226582375
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226582375.001.0001
- Subject:
- Political Science, American Politics
In bicameral legislatures like Congress, the two chambers must reach agreement before a bill is enacted into law, a process that is often chaotic and contentious. In The Congressional End Game: ...
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In bicameral legislatures like Congress, the two chambers must reach agreement before a bill is enacted into law, a process that is often chaotic and contentious. In The Congressional End Game: Interchamber Bargaining and Compromise in Congress, Josh Ryan offers a coherent theory of how this process works and the types of policy outcomes produced. He shows that both conference committees and an alternative resolution venue, amendment trading, create policy that approximates the preferences of the more moderate chamber, though neither chamber receives exactly what it wants. Using comprehensive data on recent congressional legislation and an array of empirical tests, The Congressional Endgame explains how the chambers seek agreement, why failure at the resolution stage is so rare, and what types of legislation are likely to emerge from negotiations. The book finds that the characteristics of the winning coalition are critically important to which chamber "wins" after bargaining, with more moderate chambers receiving more of what they want. The results are especially relevant in the current age of party polarization and strong leadership, where divided party control of the House and Senate is common. These factors contribute to the public perception that the House and Senate are unable to compromise, and call into question the relevance and effectiveness of the bicameral system as designed by the Framers. Instead, The Congressional Endgame demonstrates interchamber negotiations serve their intended purpose well: they increase the odds of compromise while at the same time offering a powerful constraint on dramatic policy changes.Less
In bicameral legislatures like Congress, the two chambers must reach agreement before a bill is enacted into law, a process that is often chaotic and contentious. In The Congressional End Game: Interchamber Bargaining and Compromise in Congress, Josh Ryan offers a coherent theory of how this process works and the types of policy outcomes produced. He shows that both conference committees and an alternative resolution venue, amendment trading, create policy that approximates the preferences of the more moderate chamber, though neither chamber receives exactly what it wants. Using comprehensive data on recent congressional legislation and an array of empirical tests, The Congressional Endgame explains how the chambers seek agreement, why failure at the resolution stage is so rare, and what types of legislation are likely to emerge from negotiations. The book finds that the characteristics of the winning coalition are critically important to which chamber "wins" after bargaining, with more moderate chambers receiving more of what they want. The results are especially relevant in the current age of party polarization and strong leadership, where divided party control of the House and Senate is common. These factors contribute to the public perception that the House and Senate are unable to compromise, and call into question the relevance and effectiveness of the bicameral system as designed by the Framers. Instead, The Congressional Endgame demonstrates interchamber negotiations serve their intended purpose well: they increase the odds of compromise while at the same time offering a powerful constraint on dramatic policy changes.
Matthew Flinders
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199271597
- eISBN:
- 9780191709234
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271597.003.0011
- Subject:
- Political Science, Comparative Politics, UK Politics
Reform of the House of Lords provides critical insights not just into the nature of New Labour's statecraft but also into the challenges of constitutional political analysis. This examines empirical ...
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Reform of the House of Lords provides critical insights not just into the nature of New Labour's statecraft but also into the challenges of constitutional political analysis. This examines empirical and analytical debates and concludes that change on the Index of Bicameralism has been marginal.Less
Reform of the House of Lords provides critical insights not just into the nature of New Labour's statecraft but also into the challenges of constitutional political analysis. This examines empirical and analytical debates and concludes that change on the Index of Bicameralism has been marginal.
Amanda Bittner
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199595365
- eISBN:
- 9780191725593
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199595365.003.0007
- Subject:
- Political Science, Comparative Politics
This chapter assesses the extent to which political institutions may mediate the impact of leaders' traits. There is variation in political context across the elections included in this study, ...
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This chapter assesses the extent to which political institutions may mediate the impact of leaders' traits. There is variation in political context across the elections included in this study, providing a basis for examining the role of political institutions. The chapter looks at the impact of the degree of proportionality in elections, the effective number of parties competing in a campaign, as well as the role of electoral systems and legislative organization, including federalism and bicameralism. The analysis of data points to the need for more research, but suggests that proportionality and the number of parties competing may have the largest influence on the impact of leaders' traits in elections.Less
This chapter assesses the extent to which political institutions may mediate the impact of leaders' traits. There is variation in political context across the elections included in this study, providing a basis for examining the role of political institutions. The chapter looks at the impact of the degree of proportionality in elections, the effective number of parties competing in a campaign, as well as the role of electoral systems and legislative organization, including federalism and bicameralism. The analysis of data points to the need for more research, but suggests that proportionality and the number of parties competing may have the largest influence on the impact of leaders' traits in elections.
P. R. Cavill
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199573837
- eISBN:
- 9780191721878
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199573837.003.0006
- Subject:
- History, British and Irish Early Modern History
Chapter 5 analyses the development of new laws and their passage through parliament. It first discusses bicameralism, bill procedure, in turn addressing the drafting of proposals, the introducing of ...
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Chapter 5 analyses the development of new laws and their passage through parliament. It first discusses bicameralism, bill procedure, in turn addressing the drafting of proposals, the introducing of measures into one house, the adopting of measures by the other house, the making of amendments, the adding of provisos, and the giving of the royal assent. Next it explores lobbying, and the means by which petitioners persuaded royal councillors and others sitting in parliament to support proposals. Then the types of laws that were enacted are discussed. The distinction between public legislation and private legislation is analysed. The identities of individuals and interest groups putting forward legislation and their reasons for so doing are examined.Less
Chapter 5 analyses the development of new laws and their passage through parliament. It first discusses bicameralism, bill procedure, in turn addressing the drafting of proposals, the introducing of measures into one house, the adopting of measures by the other house, the making of amendments, the adding of provisos, and the giving of the royal assent. Next it explores lobbying, and the means by which petitioners persuaded royal councillors and others sitting in parliament to support proposals. Then the types of laws that were enacted are discussed. The distinction between public legislation and private legislation is analysed. The identities of individuals and interest groups putting forward legislation and their reasons for so doing are examined.
Aurelian Craiutu
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691146768
- eISBN:
- 9781400842421
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691146768.003.0004
- Subject:
- Philosophy, Political Philosophy
This chapter examines the meanings of moderation during the initial phase of the French Revolution by focusing on the ideas of Jean-Joseph Mounier, Stanislas de Clermont-Tonnerre, Trophimé-Gérard ...
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This chapter examines the meanings of moderation during the initial phase of the French Revolution by focusing on the ideas of Jean-Joseph Mounier, Stanislas de Clermont-Tonnerre, Trophimé-Gérard Lally-Tollendal, and Pierre Victor Malouet—the French monarchiens, also known as the “radical moderates” of 1789. It first provides a background on the monarchiens before discussing their attitude toward Montesquieu and Jean-Jacques Rousseau. It then considers the debates in the new Constitutional Assembly over the task of “fixing” the French constitution, Mounier's influence on the document Declaration of the Rights of Man and of the Citizen, and the controversy surrounding bicameralism and the royal veto. It also looks at the dialogue between the monarchiens and Edmund Burke regarding the former's political agenda that mixed moderation and radicalism. The chapter concludes by suggesting that the monarchiens' experience demonstrates the limits of moderation in revolutionary times.Less
This chapter examines the meanings of moderation during the initial phase of the French Revolution by focusing on the ideas of Jean-Joseph Mounier, Stanislas de Clermont-Tonnerre, Trophimé-Gérard Lally-Tollendal, and Pierre Victor Malouet—the French monarchiens, also known as the “radical moderates” of 1789. It first provides a background on the monarchiens before discussing their attitude toward Montesquieu and Jean-Jacques Rousseau. It then considers the debates in the new Constitutional Assembly over the task of “fixing” the French constitution, Mounier's influence on the document Declaration of the Rights of Man and of the Citizen, and the controversy surrounding bicameralism and the royal veto. It also looks at the dialogue between the monarchiens and Edmund Burke regarding the former's political agenda that mixed moderation and radicalism. The chapter concludes by suggesting that the monarchiens' experience demonstrates the limits of moderation in revolutionary times.
Josh M. Ryan
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780226582061
- eISBN:
- 9780226582375
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226582375.003.0001
- Subject:
- Political Science, American Politics
The Framers designed a bicameral Congress to prevent legislative overreach and ensure compromise. More than two hundred years later, strong parties and intransigent policy problems have led to some ...
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The Framers designed a bicameral Congress to prevent legislative overreach and ensure compromise. More than two hundred years later, strong parties and intransigent policy problems have led to some criticism of a system in which two equal and distinct chambers share responsibility for lawmaking. Is the design of Congress antiquated, or does it continue to produce the outcomes desired by the Framers? In this chapter, I introduce these questions and begin to outline a basic framework around which to answer them. The chapter includes a discussion of the theoretical limitations that currently explain congressional outcomes in the two-chambered context and the difficulty in measuring how House-Senate bargaining change bills.Less
The Framers designed a bicameral Congress to prevent legislative overreach and ensure compromise. More than two hundred years later, strong parties and intransigent policy problems have led to some criticism of a system in which two equal and distinct chambers share responsibility for lawmaking. Is the design of Congress antiquated, or does it continue to produce the outcomes desired by the Framers? In this chapter, I introduce these questions and begin to outline a basic framework around which to answer them. The chapter includes a discussion of the theoretical limitations that currently explain congressional outcomes in the two-chambered context and the difficulty in measuring how House-Senate bargaining change bills.
Josh M. Ryan
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780226582061
- eISBN:
- 9780226582375
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226582375.003.0002
- Subject:
- Political Science, American Politics
Though many of the world's legislatures are bicameral in nature, the ways in which they change legislation is not well understood. This chapter begins with a review of the expected effects of ...
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Though many of the world's legislatures are bicameral in nature, the ways in which they change legislation is not well understood. This chapter begins with a review of the expected effects of bicameralism, and discusses the state of the literature on how the House and Senate resolve their differences. The chapter also introduces data on conference committees and the use of amendment trading to resolve differences, with a special focus on important legislation and appropriations legislation. There is no doubt that the use of bicameral bargaining in Congress has declined, though the current literature has little explanation for the reasons behind this reduction.Less
Though many of the world's legislatures are bicameral in nature, the ways in which they change legislation is not well understood. This chapter begins with a review of the expected effects of bicameralism, and discusses the state of the literature on how the House and Senate resolve their differences. The chapter also introduces data on conference committees and the use of amendment trading to resolve differences, with a special focus on important legislation and appropriations legislation. There is no doubt that the use of bicameral bargaining in Congress has declined, though the current literature has little explanation for the reasons behind this reduction.
Meg Russell
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198298311
- eISBN:
- 9780191685408
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298311.003.0003
- Subject:
- Law, Constitutional and Administrative Law
Two chamber — or ‘bicameral’ — parliaments are relatively common around the world. They are particularly widespread among the larger Western democracies, and particularly among federal states. ...
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Two chamber — or ‘bicameral’ — parliaments are relatively common around the world. They are particularly widespread among the larger Western democracies, and particularly among federal states. However, second chambers are far from uniform in their behaviour, composition, and powers. This is partly a legacy of their history, and partly the result of local circumstances. This chapter provides a broad overview of second chambers around the world, considering the historical development of bicameralism and the extent of bicameral parliaments today. The chapter looks at some of the common features of second chambers, and provides summary information about these in twenty selected countries.Less
Two chamber — or ‘bicameral’ — parliaments are relatively common around the world. They are particularly widespread among the larger Western democracies, and particularly among federal states. However, second chambers are far from uniform in their behaviour, composition, and powers. This is partly a legacy of their history, and partly the result of local circumstances. This chapter provides a broad overview of second chambers around the world, considering the historical development of bicameralism and the extent of bicameral parliaments today. The chapter looks at some of the common features of second chambers, and provides summary information about these in twenty selected countries.
Thomas F. Remington
- Published in print:
- 2001
- Published Online:
- October 2013
- ISBN:
- 9780300084986
- eISBN:
- 9780300129762
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300084986.001.0001
- Subject:
- History, Political History
From the first free elections in post-Soviet Russia in 1989 to the end of the Yeltsin period in 1999, Russia's parliament was the site of great political upheavals. Conflicts between communists and ...
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From the first free elections in post-Soviet Russia in 1989 to the end of the Yeltsin period in 1999, Russia's parliament was the site of great political upheavals. Conflicts between communists and reformers generated constant turmoil, and twice parliamentary institutions broke down in violence. This book offers an account of the inaugural decade of Russia's parliament. It describes in unique detail the parliament of 1989–1991 under Mikhail Gorbachev, the interim parliament of 1990–1993, and the current Federal Assembly. Focusing particularly on the emergence of parliamentary parties and bicameralism, the book explores how the organization of the Russian parliament changed, why some changes failed while others were accepted, and why the current parliament is more effective and viable than its predecessors. It links the story of parliamentary evolution in Russia to contemporary theories of institutional development and concludes that, notwithstanding the turbulence of Russia's first postcommunist decade, parliament has served as a stabilizing influence in Russian political life.Less
From the first free elections in post-Soviet Russia in 1989 to the end of the Yeltsin period in 1999, Russia's parliament was the site of great political upheavals. Conflicts between communists and reformers generated constant turmoil, and twice parliamentary institutions broke down in violence. This book offers an account of the inaugural decade of Russia's parliament. It describes in unique detail the parliament of 1989–1991 under Mikhail Gorbachev, the interim parliament of 1990–1993, and the current Federal Assembly. Focusing particularly on the emergence of parliamentary parties and bicameralism, the book explores how the organization of the Russian parliament changed, why some changes failed while others were accepted, and why the current parliament is more effective and viable than its predecessors. It links the story of parliamentary evolution in Russia to contemporary theories of institutional development and concludes that, notwithstanding the turbulence of Russia's first postcommunist decade, parliament has served as a stabilizing influence in Russian political life.
Thomas F. Remington
- Published in print:
- 2001
- Published Online:
- October 2013
- ISBN:
- 9780300084986
- eISBN:
- 9780300129762
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300084986.003.0001
- Subject:
- History, Political History
This book examines the emergence of Russia's parliament between 1989 and 1999, a period that can be divided into three phases. The first phase began in 1989, when a new legislative structure designed ...
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This book examines the emergence of Russia's parliament between 1989 and 1999, a period that can be divided into three phases. The first phase began in 1989, when a new legislative structure designed by Mikhail Gorbachev replaced the old Supreme Soviet, and ended in August 1991 following the coup and the subsequent breakup of the Soviet Union. The second phase spanned 1990–1993, characterized by an interim legislature under the Russian Republic (Russian Soviet Federated Socialist Republic, or RSFSR) that ended in 1993. The third phase began in December 1993, when a new Federal Assembly was created following Boris Yeltsin's forcible dissolution of parliament in September of that year, and remains in force today. The book focuses on the emergence of parliamentary parties and bicameralism between 1989 and 1999 and explores how they contributed to the stabilization of political conflict in Russia.Less
This book examines the emergence of Russia's parliament between 1989 and 1999, a period that can be divided into three phases. The first phase began in 1989, when a new legislative structure designed by Mikhail Gorbachev replaced the old Supreme Soviet, and ended in August 1991 following the coup and the subsequent breakup of the Soviet Union. The second phase spanned 1990–1993, characterized by an interim legislature under the Russian Republic (Russian Soviet Federated Socialist Republic, or RSFSR) that ended in 1993. The third phase began in December 1993, when a new Federal Assembly was created following Boris Yeltsin's forcible dissolution of parliament in September of that year, and remains in force today. The book focuses on the emergence of parliamentary parties and bicameralism between 1989 and 1999 and explores how they contributed to the stabilization of political conflict in Russia.
Meg Russell
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199671564
- eISBN:
- 9780191751776
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199671564.001.0001
- Subject:
- Law, Constitutional and Administrative Law, Legal History
This book is the first major study of the House of Lords since the reform in 1999 by Tony Blair's Labour government which removed most hereditary peers. It describes the membership of the chamber, ...
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This book is the first major study of the House of Lords since the reform in 1999 by Tony Blair's Labour government which removed most hereditary peers. It describes the membership of the chamber, its key functions, its political dynamics, and how these have changed since 1999. Crucially it analyses the impact of the Lords on government policy and legislation, and on the wider culture of British politics, under Labour 1999-2010 and the coalition 2010-13. The book demonstrates that the Lords is more modern, and significantly more influential, than many might assume. The 1999 reform ended Conservative domination of the chamber, leaving a body in which no party has a majority, and where the Liberal Democrats and Crossbench independents hold the balance of power. This requires the government to negotiate with the Lords over policy, and results in regular government defeats. The book argues that the now stronger House of Lords has strengthened parliament as a whole in British politics, and thus eroded executive power at Westminster. But the Lords - as an unelected institution - remains controversial, and the book also explores questions about its 'legitimacy', and options for its reform. In addition, it includes chapters on the history of the chamber pre-1999, and on bicameralism internationally, which place the contemporary House of Lords in its historical and comparative context.Less
This book is the first major study of the House of Lords since the reform in 1999 by Tony Blair's Labour government which removed most hereditary peers. It describes the membership of the chamber, its key functions, its political dynamics, and how these have changed since 1999. Crucially it analyses the impact of the Lords on government policy and legislation, and on the wider culture of British politics, under Labour 1999-2010 and the coalition 2010-13. The book demonstrates that the Lords is more modern, and significantly more influential, than many might assume. The 1999 reform ended Conservative domination of the chamber, leaving a body in which no party has a majority, and where the Liberal Democrats and Crossbench independents hold the balance of power. This requires the government to negotiate with the Lords over policy, and results in regular government defeats. The book argues that the now stronger House of Lords has strengthened parliament as a whole in British politics, and thus eroded executive power at Westminster. But the Lords - as an unelected institution - remains controversial, and the book also explores questions about its 'legitimacy', and options for its reform. In addition, it includes chapters on the history of the chamber pre-1999, and on bicameralism internationally, which place the contemporary House of Lords in its historical and comparative context.
Meg Russell
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199671564
- eISBN:
- 9780191751776
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199671564.003.0011
- Subject:
- Law, Constitutional and Administrative Law, Legal History
This chapter summarises what has been learned in the book, returning to the six key questions that were posed in chapter 1. It suggests that today’s House of Lords is very different to its ...
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This chapter summarises what has been learned in the book, returning to the six key questions that were posed in chapter 1. It suggests that today’s House of Lords is very different to its predecessors, and also differs in important ways from the House of Commons. It argues that the chamber now has an important role in British politics, which has strengthened parliament as a whole, and weakened executive dominance. British politics is therefore considerably more plural and consensual than the traditional 'Westminster model’ suggests. The chapter also proposes that the post-1999 Lords holds important lessons for bicameralism, and the role of unelected institutions. It ends by looking ahead at prospects for the House of Lords in the future.Less
This chapter summarises what has been learned in the book, returning to the six key questions that were posed in chapter 1. It suggests that today’s House of Lords is very different to its predecessors, and also differs in important ways from the House of Commons. It argues that the chamber now has an important role in British politics, which has strengthened parliament as a whole, and weakened executive dominance. British politics is therefore considerably more plural and consensual than the traditional 'Westminster model’ suggests. The chapter also proposes that the post-1999 Lords holds important lessons for bicameralism, and the role of unelected institutions. It ends by looking ahead at prospects for the House of Lords in the future.
Meg Russell
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199671564
- eISBN:
- 9780191751776
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199671564.003.0003
- Subject:
- Law, Constitutional and Administrative Law, Legal History
This chapter provides a broad survey of bicameralism (i.e. two-chamber legislatures) in constitutions around the world. It briefly discusses the history and justification of bicameralism, then ...
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This chapter provides a broad survey of bicameralism (i.e. two-chamber legislatures) in constitutions around the world. It briefly discusses the history and justification of bicameralism, then presents data about all contemporary bicameral legislatures at the national level. It describes the many different means by which second chamber members are chosen, and the varying powers that these institutions have. This shows the House of Lords to be less exceptional than it might seem, since many second chambers include members who are not directly elected by the people, and the powers of the Lords are moderate in international terms. The chapter asks what is special about second chambers, and which factors are associated with their strength. It points out that these bodies are often controversial, thanks both to their membership and their role in challenging elected first chambers.Less
This chapter provides a broad survey of bicameralism (i.e. two-chamber legislatures) in constitutions around the world. It briefly discusses the history and justification of bicameralism, then presents data about all contemporary bicameral legislatures at the national level. It describes the many different means by which second chamber members are chosen, and the varying powers that these institutions have. This shows the House of Lords to be less exceptional than it might seem, since many second chambers include members who are not directly elected by the people, and the powers of the Lords are moderate in international terms. The chapter asks what is special about second chambers, and which factors are associated with their strength. It points out that these bodies are often controversial, thanks both to their membership and their role in challenging elected first chambers.
Sanford Levinson
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199890750
- eISBN:
- 9780190260088
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199890750.001.0001
- Subject:
- Law, Constitutional and Administrative Law
In Our Undemocratic Constitution, Sanford Levinson boldly argued that the U.S. Constitution should not be treated with “sanctimonious reverence,” but as a badly flawed document deserving revision. ...
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In Our Undemocratic Constitution, Sanford Levinson boldly argued that the U.S. Constitution should not be treated with “sanctimonious reverence,” but as a badly flawed document deserving revision. Now, this book goes deeper, asking what were the original assumptions underlying the institutions, and whether we accept those assumptions 225 years later. The book challenges the belief that the most important features of the constitutions concern what rights they protect. Instead, it focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the president by the electoral college, or the dimensions of the president's veto power—not to mention the near impossibility of amending the U.S. Constitution. The book argues that we should stop treating the U.S. Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the fifty state constitutions, often interestingly different—and perhaps better—than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. Surely it is reasonable to believe that the U.S. Constitution merits its own updating. Whether we are concerned about making America more democratic or about creating a system of government that can more effectively respond to contemporary challenges, we need to confront the ways that the constitutions, especially the U.S. Constitution, must be changed in fundamental ways.Less
In Our Undemocratic Constitution, Sanford Levinson boldly argued that the U.S. Constitution should not be treated with “sanctimonious reverence,” but as a badly flawed document deserving revision. Now, this book goes deeper, asking what were the original assumptions underlying the institutions, and whether we accept those assumptions 225 years later. The book challenges the belief that the most important features of the constitutions concern what rights they protect. Instead, it focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the president by the electoral college, or the dimensions of the president's veto power—not to mention the near impossibility of amending the U.S. Constitution. The book argues that we should stop treating the U.S. Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the fifty state constitutions, often interestingly different—and perhaps better—than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. Surely it is reasonable to believe that the U.S. Constitution merits its own updating. Whether we are concerned about making America more democratic or about creating a system of government that can more effectively respond to contemporary challenges, we need to confront the ways that the constitutions, especially the U.S. Constitution, must be changed in fundamental ways.
András Sajó and Renáta Uitz
- Published in print:
- 2017
- Published Online:
- December 2017
- ISBN:
- 9780198732174
- eISBN:
- 9780191796524
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198732174.003.0007
- Subject:
- Law, Constitutional and Administrative Law, Human Rights and Immigration
This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized ...
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This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.Less
This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.
Csaba Nikolenyi
- Published in print:
- 2014
- Published Online:
- November 2014
- ISBN:
- 9780199675302
- eISBN:
- 9780191755323
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199675302.003.0002
- Subject:
- Political Science, Comparative Politics
This chapter shows that while all ten post-communist democracies adopted parliamentary systems of government, the degree to which political power is concentrated in their parliaments, more precisely ...
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This chapter shows that while all ten post-communist democracies adopted parliamentary systems of government, the degree to which political power is concentrated in their parliaments, more precisely in a majority that controls the legislature, varies considerably. The relative level of power dispersion is determined by four sets of institutions (electoral rules; the structure of the legislature; rules of government formation and termination; and the powers of the presidency), which constrain and influence political parties’ coalitional choices. Based on a detailed comparative review of their institutional arrangements, the chapter identifies three groups of post-communist democracies with regard to how favorable they are for the parliamentary concentration of power: i) states with the most favorable conditions for power concentration (Bulgaria, Estonia, Hungary and Slovenia); ii) states with mixed conditions (Latvia and Slovakia); and states with the least favorable conditions (Czech Republic, Lithuania, Poland and Romania).Less
This chapter shows that while all ten post-communist democracies adopted parliamentary systems of government, the degree to which political power is concentrated in their parliaments, more precisely in a majority that controls the legislature, varies considerably. The relative level of power dispersion is determined by four sets of institutions (electoral rules; the structure of the legislature; rules of government formation and termination; and the powers of the presidency), which constrain and influence political parties’ coalitional choices. Based on a detailed comparative review of their institutional arrangements, the chapter identifies three groups of post-communist democracies with regard to how favorable they are for the parliamentary concentration of power: i) states with the most favorable conditions for power concentration (Bulgaria, Estonia, Hungary and Slovenia); ii) states with mixed conditions (Latvia and Slovakia); and states with the least favorable conditions (Czech Republic, Lithuania, Poland and Romania).
Csaba Nikolenyi
- Published in print:
- 2014
- Published Online:
- November 2014
- ISBN:
- 9780199675302
- eISBN:
- 9780191755323
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199675302.003.0005
- Subject:
- Political Science, Comparative Politics
Why is it the case that some post-communist democracies never witness the formation of a minority government after a general election (e.g. Estonia or Hungary) while in other cases such an outcome is ...
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Why is it the case that some post-communist democracies never witness the formation of a minority government after a general election (e.g. Estonia or Hungary) while in other cases such an outcome is almost the norm rather than an exception (e.g. Czech Republic or Romania)? Indeed, minority governments in general are concentrated in four states: the Czech Republic, Poland, Romania, and Latvia. This chapter argues that institutional features that hinder the concentration of power in, and as such weaken the relative authority of, the first chamber of parliament over the executive, also reduce the incentives for political parties to form majority coalitions. As discussed in previous chapters, institutional features that promote the dispersion of political power include a large assembly size, bicameralism, negative parliamentary government formation rules, and a strong presidency. In turn, these institutional features promote the formation of minority governments.Less
Why is it the case that some post-communist democracies never witness the formation of a minority government after a general election (e.g. Estonia or Hungary) while in other cases such an outcome is almost the norm rather than an exception (e.g. Czech Republic or Romania)? Indeed, minority governments in general are concentrated in four states: the Czech Republic, Poland, Romania, and Latvia. This chapter argues that institutional features that hinder the concentration of power in, and as such weaken the relative authority of, the first chamber of parliament over the executive, also reduce the incentives for political parties to form majority coalitions. As discussed in previous chapters, institutional features that promote the dispersion of political power include a large assembly size, bicameralism, negative parliamentary government formation rules, and a strong presidency. In turn, these institutional features promote the formation of minority governments.
