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Prospects for democracy in multi-ethnic societies are generally more promising if elections are not mere ethnic censuses, in which people vote predominantly for co-ethnic parties and candidates. But what institutions facilitate or hinder ethnic voting? Unlike past studies, this article explores ethnic voting by conducting a natural experiment (rather than surveys or laboratory experiments). It examines the case of Fribourg, a bilingual (French/German) Swiss canton where elections at different levels of government, within the same electoral district, are held under both majoritarian and proportional systems. Coupled with the high territorial homogeneity of the linguistic groups, this unique setting allows us to conduct a robust empirical analysis of voter behaviour. We find that cross-ethnic voting is significantly more frequent in multi-member majoritarian elections than in list-PR elections or in two-member majoritarian elections. Our results yield qualified support to the centripetalist approach to electoral design in multi-ethnic societies, that favours majoritarian systems, rather than to the consociational school that advocates proportional representation.
While expert information and information on public preferences are seen as key resources that interest groups provide to policymakers, little is known about the resources that are necessary to acquire such information. Existing scholarship argues that financial resources enhance a group’s ability to supply information, which could be problematic as it suggests that resource poor groups are disadvantaged when lobbying policymakers. Applying a resource perspective to informational lobbying, this paper argues that different information types require different resources and that financial means are less important than assumed. The predictions are tested using a new dataset and survey of 383 advocates active on 50 specific policy issues in five West European countries. The results show that while economic resources are indeed associated with a higher amount of expert information, political capacities allow a group to provide both expert information and information on public preferences. This suggests that groups can rely on other than economic resources for information provision.
Increasing political distrust has become a commonplace observational remark across many established democracies, and it is often used to explain current political phenomena. In contrast to most scholarship that focuses solely on the concept of trust and leaves distrust untheorized, this article makes a contribution by analysing political distrust. It argues that citizen distrust of government and political institutions poses a threat for democratic politics and clarifies the relationship between the distrust observed in established democracies and classical ‘liberal distrust’, which is considered beneficial for democracy. Further, it addresses the relationship between trust and distrust, identifying a series of functional asymmetries between the two concepts, with important implications for theoretical and empirical work in political science. The article suggests that a conceptualization of political distrust based on evaluations of incompetence, unethical conduct and incongruent interests can provide a fruitful ground for future research that aims to understand the causes, consequences, and potential remedies for political distrust.
The staggered renewal of parliamentary mandates is widespread in upper chambers, yet little understood. Comparative work has found that all members of a chamber are affected by upcoming elections, not merely those whose terms are up for renewal. In this study, we explore for which activities, and under which conditions, staggered membership renewal is associated with class-specific parliamentary activity, defined as systematically differing behaviour across two or more classes of members. We examine these questions with data on the French Senate. Drawing on insights from the study of political business cycles, legislative cycles, and previous scholarship on staggering, the article shows that behaviour varies over the course of senators’ mandates, and that class-specific behaviour exists. However, staggering produces a different pattern of parliamentary activity than might be expected: proximity to elections reduces parliamentary activity of the class of senators facing re-election; by contrast, senators ‘not up next’ become more active. This effect, we argue, reflects the electoral system under which senators are elected.
This comprehensive study of party competition in Europe since 2008 aids understanding of the recent, often dramatic, changes taking place in European politics. It addresses how the multiple crises that Europe faces have affected the intensity and structure of party competition, and whether we are seeing a wave of 'critical elections' which will reshape European politics for years to come. The geographical scope of the book covers fifteen European countries, including cases from North-Western Europe (Austria, Britain, France, Germany, Ireland, the Netherlands, and Switzerland), Southern Europe (Greece, Italy, Portugal, and Spain), and Central-Eastern Europe (Hungary, Latvia, Poland, and Romania). Using original data from a large-scale content analysis of mass media, and the debates among parties in election campaigns, this book provides clear graphical presentations of the results, appealing to a wide readership of students, scholars, journalists, practitioners, and the politically interested public.
This chapter discusses the Court’s 1978 judgment, Simmenthal, where the Court declared that all national courts – including ‘lower’ national courts – were under an obligation to apply European law in place of contrary national legal obligations, even if national constitutional rules restricted such powers to the national constitutional court. This judgment is often understood as an important one in the ‘politics of judges’ within the European legal order, reflecting the Court of Justice’s efforts to develop more active cooperation with ‘lower’ national courts than with national constitutional courts. This chapter demonstrates that the logic of Simmenthal is also derived from the use of national courts to enforce treaty obligations as a substitute for inter-state retaliation, as demonstrated by similar aspects of the enforcement provisions of the Side Agreements of the North American Free Trade Agreement (NAFTA).
The introduction sets out the book’s approach to the great judgments of the European Court of Justice (ECJ) between 1961 and 1979. Each of the Court’s landmark cases will be analyzed in comparative context, in particular by contrast to the enforcement and escape mechanisms commonly employed in international trade treaties including the postwar General Agreement on Tariffs and Trade (GATT) and today’s World Trade Organization (WTO). The book will also discuss the explanations for these judgments put forward by some of the most influential lawyers then working at the Court, above all French ECJ judge and later President of the Court Robert Lecourt. The introduction sets out the argument that the greatest innovations of the European legal order, including the new role for private individuals and national courts provided for by the doctrines of direct effect and supremacy, were directly linked to addressing the practical problem of how to effectively enforce trade treaty obligations while prohibiting unilateral safeguards and inter-state retaliation.
This chapter discusses the Court’s 1970 judgment, Internationale Handelsgesellschaft, where the Court declared that the Court of Justice itself would take on the role of reviewing whether European legal obligations were in conflict with the fundamental rights of individuals. This judgment is often understood as derived from the sensitive relationship between the Court of Justice and national constitutional courts that wished to protect the fundamental rights set out in their national constitutions. This chapter demonstrates, however, that in Germany and Italy the national constitutional courts had already developed an accommodating approach to potential conflicts between treaty obligations and national constitutional law fundamental rights, and therefore that the possibility of clashes between European law and national constitutional law fundamental rights in the early years of European legal integration was less of a practical challenge than is often understood.
This chapter discusses the Court’s 1964 judgment, Costa v. ENEL, where the Court declared the supremacy of European law, thus requiring national courts to resolve conflicts between European law and national law in favour of the domestic application of European law. The supremacy of European law is often understood as the partner of the direct-effect doctrine and the result of the Court’s ‘functionalist’ approach to the development of the European legal order. This chapter demonstrates that the supremacy doctrine of European law was also motivated by the Treaty of Rome’s prohibition on the unilateral adoption of safeguard measures by the member states, as shown both by the text of the Court’s judgment and by the writings of judge Lecourt.