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What Can We Expect from Electoral Laws?

Rein Taagepera

in Predicting Party Sizes: The Logic of Simple Electoral Systems

We now expect to be able to fine-tune simple electoral laws to effect party systems and government stability positively, but we still need to be cautious. We should not expect to be able to tailor ... More

We now expect to be able to fine-tune simple electoral laws to effect party systems and government stability positively, but we still need to be cautious. We should not expect to be able to tailor complex electoral laws to desired goals. In institutional design, we need to consider marginal adjustments rather than flipping to completely different electoral laws. We should consider keeping the same electoral laws for at least three elections before changing them. Political science has been an intellectual field separate from politics, but the two may now start to connect, thanks to advances in the study of electoral systems and party systems.Less

How Electoral Systems Matter

Rein Taagepera

in Predicting Party Sizes: The Logic of Simple Electoral Systems

An electoral system helps determine the number and size distribution of parties in a country, as well as cabinet duration. Electoral systems are expressed in electoral laws. Their impact depends on ... More

An electoral system helps determine the number and size distribution of parties in a country, as well as cabinet duration. Electoral systems are expressed in electoral laws. Their impact depends on the way politicians and voters make use of these laws. Flawed electoral laws can lead to breakdown of democracy or to staleness.Less

The Origins and Components of Electoral Systems

Rein Taagepera

in Predicting Party Sizes: The Logic of Simple Electoral Systems

When choosing an electoral system, the main tradeoff is between decisiveness of government and representation of minority views. With simple electoral systems, their average effect can be predicted. ... More

When choosing an electoral system, the main tradeoff is between decisiveness of government and representation of minority views. With simple electoral systems, their average effect can be predicted. With complex electoral systems, the ability to predict their actual workings is lost. Refraining from changing electoral laws frequently allows an understanding to develop of how the electoral system works.Less

Changing Party Access to Elections

Shaun Bowler, Elisabeth Carter, and David M. Farrell

in Democracy Transformed?: Expanding Political Opportunities in Advanced Industrial Democracies

This chapter examines whether it has become easier or more difficult for political parties to participate in elections. It does this by comparing the electoral systems and the wider electoral laws ... More

This chapter examines whether it has become easier or more difficult for political parties to participate in elections. It does this by comparing the electoral systems and the wider electoral laws (including those governing ballot access, media access, and the receipt of state subventions) in operation in a number of OECD countries in 1960 to those in operation in 2000. While it finds there has been little electoral system change over this period, it does report evidence of changes in the wider electoral laws, the general evolution of which appears to have been towards a more liberal environment for all political parties. This does not necessarily mean an easier time for small or new parties, however, and may instead suggest a type of cartelization between the established parties.Less

Compromise Amidst Political Conflict: The Origins of Russia's Mixed‐Member System

Robert G. Moser and Frank C. Thames

in Mixed-Member Electoral Systems: The Best of Both Worlds?

The introduction of a mixed‐member majoritarian (MMM) electoral system in Russia came in the midst of a violent struggle between President Boris Yeltsin and a communist and nationalist opposition, ... More

The introduction of a mixed‐member majoritarian (MMM) electoral system in Russia came in the midst of a violent struggle between President Boris Yeltsin and a communist and nationalist opposition, after which Yeltsin was left to construct a new electoral system and a new constitutional order unopposed. Explains the development and maintenance of the MMM system in Russia as a compromise between competing intraparty and interparty goals, first within the small circle drafting the executive decree in 1993, and then between competing institutions in the struggle over the electoral law in 1995. The designers of the presidential decree that implemented the system saw a mixed‐member system as being able to promote the formation of national parties while maintaining regional representation, and despite the preponderance of power that Yeltsin held throughout this process, the system was not crafted exclusively for the interests of a particular party or ideological camp. It is argued that the system that eventually emerged was a product of competing goals, uncertainty over future electoral outcomes, and compromise between competing institutions. The chapter proceeds as follows: the first section briefly examines the historical background of elections in Russia and provides an overview of the MMM system adopted in 1993; the second describes the process surrounding Yeltsin's executive decree establishing the electoral system for the 1993 election; the third looks at the adoption of the electoral law in 1995; the final section draws some conclusions.Less

Democratic Delegation and Accountability: Cross-national Pattern s

Torbjörn Bergman, Wolfgang C. Müller, Kaare Strøm, and Magnus Blomgren

in Delegation and Accountability in Parliamentary Democracies

Reviews the patterns of delegation and accountability in 17 Western European parliamentary democracies, over the post-war period. It provides information about the links between voters and MPs, ... More

Reviews the patterns of delegation and accountability in 17 Western European parliamentary democracies, over the post-war period. It provides information about the links between voters and MPs, between MPs and the cabinet, within the cabinet, and between ministers and civil servants, discussing potentials for agency loss. It places political parties in the delegation relations and provides a comparative account of Constitution amendments and law making in these states. It concludes by identifying the most common parliamentary delegation mechanisms in Western Europe as well as major empirical exceptions, and the main trends of the 1945–2000 period.Less

Institutional Engineering and Transition to Democracy

Klaus von Beyme

in Democratic Consolidation in Eastern Europe Volume 1: Institutional Engineering

Begins by pointing out that the concept of institutional engineering was not invented for the latest wave of transitions from dictatorship to democracy, but rather created for evaluating a democratic ... More

Begins by pointing out that the concept of institutional engineering was not invented for the latest wave of transitions from dictatorship to democracy, but rather created for evaluating a democratic country at a time when it was in crisis. In Eastern Europe, a peculiar constellation of old and new elites led the way through the process of compromise between old and new forces and old and new institutions. Voters’ increased fickleness and a weaker party system left more room for manoeuver to institutional engineers. This chapter describes and analyses four models of institutional engineering: constitutional engineering; semi‐presidential systems; electoral laws; and decision‐making by plebiscite. These models are then compared with the paths of transition of selected Eastern European countries and contrasted with countries from Western Europe.Less

Italian Parties: Change and Functionality

Luciano Bardi

in Political Parties in Advanced Industrial Democracies

For over forty years, Italy was seen as a ‘party government’ system, with a party system that was extremely fragmented, consisting of up to 10 national parties, at least seven of which could at any ... More

For over forty years, Italy was seen as a ‘party government’ system, with a party system that was extremely fragmented, consisting of up to 10 national parties, at least seven of which could at any time be considered ‘relevant’. As a consequence of various factors that found expression in the results of two crucial elections in 1992 and 1994, all of this has abruptly come to an end. Party organizations have literally fallen apart after at least thirty years of successful adaptation to societal and political system changes, with all parties and other electoral competitors having been deeply affected, and a number of the traditional parties, including the three largest ones, suffering divisions and transformations. The transformation was the result of three sets of direct causes: first, there had been shifts in political demand for specific parties or even parties in general, resulting from greater potential voter mobility; second, there had been change in the political supply provided by the parties; and third, the new electoral law impacted directly on the parties’ parliamentary delegations; some of these factors are arguably still effective, and the transformation of the Italian party system is far from complete. The introductory section of the chapter discusses this changing structure of the Italian party system; the next three sections of the chapter cover the same topics as the other country case studies in the book, and examine party legitimacy, party organizational strength, and party functionality (in governance, political recruitment, interest articulation and aggregation, political communication and education, and political participation).Less

Legislative Quotas in Argentina and France

Mona Lena Krook

in Quotas for Women in Politics: Gender and Candidate Selection Reform Worldwide

This chapter explores campaigns for legislative quotas in Argentina and France. Before quotas, these countries had almost identical proportions of women in parliament. In Argentina, a quota law was ... More

This chapter explores campaigns for legislative quotas in Argentina and France. Before quotas, these countries had almost identical proportions of women in parliament. In Argentina, a quota law was adopted in the early 1990s that required all parties to nominate 30% women. Although this provision amended only the electoral code and did not specify how the quota would be implemented and monitored, by the late 2000s, the policy had resulted in the election of 40% women. Around the same time, French legislators altered the constitution and electoral law to mandate that parties nominate equal numbers of women and men, with specific regulations as to how the quota would be applied and the sanctions that would be imposed on parties that did not meet these requirements. Despite these apparently radical reforms, the representation of women increased only incrementally to 12% and then 18%, still only barely approximating the world average.Less

“A Borrowed Suit”: Peers Accept the Inevitable

Ray A. Moore and Donald L. Robinson

in Partners for Democracy: Crafting the New Japanese State Under MacArthur

On August 31, a “special committee,” consisting of 45 members of the House of Peers, began a series of secret meetings that would last until October 3. Attention focused again on the emperor's role ... More

On August 31, a “special committee,” consisting of 45 members of the House of Peers, began a series of secret meetings that would last until October 3. Attention focused again on the emperor's role (kokutai), popular sovereignty, and the proposed electoral review of judges. Peers also criticized the American‐sounding rhetoric of the preamble and the notion in Chapter X of the constitution as “supreme law.” Notable during these debates were exchanges between Takayanagi Kenzō and Sasaki Sōichi. In the end, after making a few minor amendments, the House of Peers added its approval of the revision.Less

The Fall and Rise of Party Militants

Roderic Ai Camp

in The Metamorphosis of Leadership in a Democratic Mexico

Democratic politics engineered a sea change among politicians in the linkage between holding a party position and a nationally prominent office. Party militants have increased in number dramatically ... More

Democratic politics engineered a sea change among politicians in the linkage between holding a party position and a nationally prominent office. Party militants have increased in number dramatically since 2000. The 1964 electoral law produced three major, long-term consequences on national recruitment, affecting national leadership to the present. The electoral laws helped to weaken PAN as a grass roots party, while strengthening the voice of the national party leadership. Nearly nine out of ten prominent politicians who were elected to congress served as chair of their respective state party organizations after 1934. The most surprising general revelation in the long-term chronological data on party militancy is the extraordinary percentage of politicians who were nominally party members, essentially only registering as a party member, or who were not known to have any party affiliation.Less

The Manipulation of Electoral Institutions

Birch Sarah

in Electoral Malpractice

This chapter shows that the manipulation of electoral institutions is a powerful means of retaining political power while permitting electoral competition. It also demonstrates that the manipulation ... More

This chapter shows that the manipulation of electoral institutions is a powerful means of retaining political power while permitting electoral competition. It also demonstrates that the manipulation of electoral institutions is often combined in complex ways with other forms of electoral malpractice. More often than not, electoral legislation is altered so as to facilitate other forms of electoral manipulation and corruption. This suggests that a narrow legalistic approach to electoral reform is likely to be less successful than a more holistic approach that combines appreciation of power structures and resources at different levels of society and the political system.Less

Accounting for varying electoral fortunes

Elisabeth Carter

in The Extreme Right in Western Europe: Success or Failure?

This chapter establishes the extent to which the four sets of explanations of electoral fortunes may account for the performance of right-wing extremist parties in Western Europe. It is suggested ... More

This chapter establishes the extent to which the four sets of explanations of electoral fortunes may account for the performance of right-wing extremist parties in Western Europe. It is suggested that the type of ideology right-wing extremist parties embrace, the organization and leadership of the parties, and the different patterns of party competition at work in the various political systems under investigation are all likely to be important factors in an overall explanation for the variation in the right-wing extremist party vote. Party ideology is also significant in an overall explanation for the variation in the right-wing extremist party vote. The electoral laws governing access to the ballot, the broadcast media and state subventions play no role in an overall account of the uneven electoral fortunes of the West European parties of the extreme right. A substantial factor in the success of extreme right-wing parties is beyond the influence of established politics.Less

Institutional Background

Antonio M. Merlo, Vincenzo Galasso, Massimiliano Landi, and Andrea Mattozzi

in The Ruling Class: Management and Politics in Modern Italy

This chapter presents a brief overview of the Italian political system. Countries differ with respect to their political institutions, which affect the way in which voters, politicians, political ... More

This chapter presents a brief overview of the Italian political system. Countries differ with respect to their political institutions, which affect the way in which voters, politicians, political parties, the legislature, and the government interact, as well as the ‘industrial organization’ of the political sector. It presents an overview of the institutional details of the Italian political system, highlighting the role played by parties in the selection of politicians and the way in which changes in the electoral law may have affected the selection process as well as the parties' internal organization and the overall structure of the party system.Less

Blocking Opposition: Political Representation and Limited Democracy

Aldo Madariaga

in Neoliberal Resilience: Lessons in Democracy and Development from Latin America and Eastern Europe

This chapter analyzes the opposition blockade with respect to the political expression and representation of parties opposed to neoliberalism. It uses sources to investigate how neoliberal social ... More

This chapter analyzes the opposition blockade with respect to the political expression and representation of parties opposed to neoliberalism. It uses sources to investigate how neoliberal social blocs used political institutions to block the representation of adversaries in formal politics, including electoral rules, executive powers, veto players, and lustration. It also recounts the processes of economic and political liberalization in Latin America and Eastern Europe, wherein economic reforms were expected to bring immediate costs to the population and positive results in the long-term. The chapter discusses how the opposition blockade affected the political expression and representation of interests opposed to neoliberalism through key aspects of the institutional design of the new polities. It describes the design of electoral laws as the most successful way of limiting the power of political and societal actors opposing neoliberalism.Less

Extracting Voters from the Nation: Regime-Building in Nineteenth-Century Hungary and England through Electoral Legislation

András Sajó

in Constitutionalism under Stress

Regimes that operate in a democratic manner without offering the possibility of changes in who rules the country represent the ultimate problem of illiberal democracies and authoritarian rule in ... More

Regimes that operate in a democratic manner without offering the possibility of changes in who rules the country represent the ultimate problem of illiberal democracies and authoritarian rule in general. The shaping of the electoral system in the 1860s and 1870s in England and Hungary was decisive for regime building. In liberal Hungary, the franchise and the electoral system were frozen because of nationalist hegemony. In consequence the governing party remained in power until the collapse of the country in 1918. In England, accidental reform enabled in the long run adaptation to social change and rather peaceful incorporation into the electorate of the working classes, which were thought in Hungary in the 1860s as dangerous, risking the establishment of national minorities. The Hungarian parliamentary debate indicates the importance of comparative constitutional law for liberalism.Less

Conclusion

Birch Sarah

in Electoral Malpractice

This concluding chapter reviews the findings of the study, draws out their implications for policymakers, and suggests directions for future research. It argues that election reform and assistance ... More

This concluding chapter reviews the findings of the study, draws out their implications for policymakers, and suggests directions for future research. It argues that election reform and assistance efforts ought to focus more on the ‘up‐stream’ aspects of an election, including the drafting of electoral legislation and the conduct of the campaign.Less

Introduction The Constitution of Electoral Speech Law

in The Constitution of Electoral Speech Law: The Supreme Court and Freedom of Expression in Campaigns and Elections

This introductory chapter sets out the book's main theme—the nature and process of freedom of speech within the course of campaigns and elections, or what is referred to as the constitution of ... More

This introductory chapter sets out the book's main theme—the nature and process of freedom of speech within the course of campaigns and elections, or what is referred to as the constitution of electoral speech law. It argues that electoral speech is unique because of its situation within and impact upon the electoral process, necessarily requiring consideration of the customs, values, and inclinations associated with the maintenance of democratic forms, institutions, and practices themselves. An overview of the subsequent chapters is also presented.Less

Cognitive Contours

in The Constitution of Electoral Speech Law: The Supreme Court and Freedom of Expression in Campaigns and Elections

This chapter examines the techniques, tactics, devices, and schemes that have the potential to constitute the manner means by which the justices “see” the speech question before them. What the ... More

This chapter examines the techniques, tactics, devices, and schemes that have the potential to constitute the manner means by which the justices “see” the speech question before them. What the members of the Court “have in mind” is especially important in that such contours influence their decisions. The chapter begins by discussing the general significance of the role of imagery in argument and develops the claim that the particular and literal “vision” of the case is critical to its ultimate resolution. It considers evident preferences for certain dimensions of electoral expression and the role for persuasion in the constitution of electoral speech law. Finally, the chapter turns to the role of and for perception, but specifically the significance of “schemata,” or those categories of the mind which represent an individual's “complex set of beliefs and feelings about some area of experience”.Less