Political Institutions

Austria was occupied at the end of World War II by the four Allies, but in contrast to Germany the four powers left in 1955—the condition being its declaration of permanent neutrality, on which the Soviet Union had insisted.

In the first half of the 1950s, relations with the new-founded European Coal and Steel Community were being discussed in Austria, because the organization encompassed Austria’s two most important trading partners at that time, West Germany and Italy. But after the uprising in October-November 1956 in neighboring Hungary, Austria started to stress more its neutrality, excluding European Economic Community (EEC) membership. Instead, it joined other European countries to create a less integrated economic entity, the European Free Trade Association (EFTA) in 1960.

Not until the mid-1980s did debate about membership in the now European Community (EC) start again. Economic problems and a narrower interpretation of neutrality led to Austria’s application for EC (later European Union) membership in July 1989. After the fall of the Berlin Wall in November 1989 and the application of other EFTA countries, Austria finally acceded to the EU on January 1, 1995 (along with Finland and Sweden). The political system and its economy adjusted relatively smoothly to the challenges of EU membership; the “social partnership,” while losing some of its power, could maintain its influence on Austrian politics. Eastern enlargement of the EU brought further economic advantages for Austria.

As one of the smaller EU countries and a non-NATO member, Austria has a somewhat unique position in the EU. Environmental policy and supporting EU membership of the Balkan countries are among the important “niches” for Austrian EU activities. But the country has no close partners in the EU, because it is not participating in the “Visegrad” cooperation of the other Central European EU members. This difficulty clearly showed during the “sanctions” period of the EU-14 against the new Austrian government in 2000.

Integration with the European Union has been far less distressing for the three Baltic States than for numerous other accessing countries owing to their strong societal impetus to (re)join Western political, economic, and legal culture after they regained their independence from the Soviet Union in 1990. However, the accession of these states—Estonia, Latvia, and Lithuania—had several distinctive features related to constitutional background and settings, which heavily influenced problem solving between government and the EU institutions.

In general, the controversial issues regarding how to solve the problems with supranational power have never been dramatic with regard to the Baltic States, which leads to the assumption that often the governments have taken rather compliant positions. The latest cases, such as the European Stabilization Mechanism, indicate the change in paradigm: the three Baltic States are more aware of the margin of appreciation and actual borderlines between policy making- and decision making.

Today, in setting up an EU-related agenda, more skills than previously are needed in finding allies and choosing partners. The road the Baltic States took in joining the EU was a difficult one, nor has their role in the EU been easy. Should a small state with a big initiative be allowed to mentor other member states regarding that initiative, meaning in particular Estonia and its digital development?

Another peculiar aspect of the Baltic States is their (inter)relationship with Russia. Considering themselves a bridge between East and West, the Baltics have been active in Eastern Partnership and Development Aid initiatives and have also spoken out strongly against intervention in Georgia and Ukraine. This position sometimes complicates any EU attempt to achieve consensus on foreign policy.

The American Catholic Church has a long history in health care. At the turn of 19th century, Catholic nuns began developing the United States’ first hospital and health care systems, amassing a high level of professionalization and expertise in the field. The bishops also have a well-established record advocating for health care, stemming back to 1919 with the Bishops’ Program for Social Reconstruction, which called for affordable and comprehensive care, particularly for the poor and vulnerable. Moving into the latter part of the 20th century, the bishops continued to push for health care reform. However, in the aftermath of Roe v. Wade (1973), the American bishops insisted that any reform or form of universal health care be consistent with the Church’s teaching against abortion, contraception, and euthanasia. The bishops were also adamant that health care policy respect religious liberty and freedom of conscience. In 1993, these concerns caused the bishops to pull their support for the Clinton Administration’s Health Security Act, since the bill covered abortion as a medical and pregnancy-related service. The debate over health care in the 1990s served as a precursor for the United States Conference of Catholic Bishops’ (USCCB) opposition to the Obama Administration’s Affordable Care Act (ACA) and the Department of Health and Human Services’ (HHS) contraception mandate. The ACA also highlighted a divide within the Church on health care among religious leaders. For example, progressive female religious leadership organizations, such as the Leadership Conference of Women Religious (LCWR) and their affiliate NETWORK (a Catholic social justice lobby), took a different position than the bishops and supported the ACA, believing it had enough protections against federally funded abortion. Though some argue this divide lead to institutional scrutiny of the sisters affiliated with the LCWR and NETWORK, both the bishops and the nuns have held common ground on lobbying the government for affordable, comprehensive, and universal health care.

Coalition governments are observed frequently in parliamentary systems. Approximately 70% of all governments in postwar Europe have been one type of coalition or another. Israel has never been ruled by a single-party government in its history. Recently, majoritarian systems like Britain produced coalitions, taking many by surprise.

The prominence of coalitions in parliamentary democracies compels researchers to study them more closely. The Comparative Politics literature investigates, in particular, the dynamics of coalition formation and termination, as well as the domestic policy outputs of coalitions, especially compared to governments ruled by a single party.

Coalitions have generated interest on the International Relations front as well. One avenue of research transcends the “political party” as a building block and conceptualizes coalitions as a “decision unit” by focusing on the group of veto players in a regime’s foreign policy apparatus. Another line of scholarship, situated in the “Democratic Peace” framework, looks at coalitions as a domestic-institutional factor to observe their effects on the likelihood of international conflict.

Departing from the “Democratic Peace” tradition, more recent research in Foreign Policy Analysis rejuvenates the study of coalitions in international politics. This literature not only encourages theory development by scrutinizing why coalitions behave differently than single-parties in the international arena but also bridges the gap between International Relations and Comparative Politics. Emphasizing the organic relationship between domestic politics and foreign policy, foreign policy researchers dissect coalition governments to highlight the role political parties play on foreign policy formulation and implementation. This literature also illustrates the merits of methodological plurality in studying foreign policy. Using a combination of comparative case studies, process tracing, Qualitative Comparative Analysis (QCA) and regression modeling, it sheds light not only on the broader trends that characterize coalition foreign policy but also on the causal mechanisms and contextual factors which often go unaccounted for in purely statistical analyses. The recent advances in role and image theories in Foreign Policy Analysis are expected to influence the study of coalitions and their foreign policies, offering an interpretivist take alongside this positivist trajectory.

Ever since Aristotle, the comparative study of political regimes and their performance has relied on classifications and typologies. The study of democracy today has been influenced heavily by Arend Lijphart’s typology of consensus versus majoritarian democracy. Scholars have applied it to more than 100 countries and sought to demonstrate its impact on no less than 70 dependent variables. This paper summarizes our knowledge about the origins, functioning, and consequences of two basic types of democracy: those that concentrate power and those that share and divide power. In doing so, it will review the experience of established democracies and question the applicability of received wisdom to new democracies.

Research on constitutional law has come in different waves mirroring the development of states in recent decades. While the decolonization period of the 1960s still kept the old ties of constitutional “families,” comparison based on such ties has become ever less persuasive since the 1980s wave of constitution making following the fall of the Berlin Wall. Research about de facto and de jure constitutional law now tends to embrace institutional details like judicial review powers and procedures of direct democracy. The field of comparative constitutional law is controversial both in methods and substance. It still lacks a consistent framework of comparative tools and is criticized as illegitimate by scholars who insist on the interpretive autonomy within each constitutional system.

Research in the area of fundamental rights has to deal with long-lasting controversies like the constitutionality of the death penalty. Bioethical regulation is another new field where constitutional positions tend to diverge rather than converge. Embryonic stem cell research, therapeutic cloning, pre-implantation genetic diagnosis, and surrogate motherhood are examples from biotechnology and reproductive medicine where constitutional scholars disagree about what, if anything, constitutional law can contribute to provide a basis or limit for regulation. With the worldwide rise of constitutional courts and judicial review, the standards for the interpretation of fundamental rights become more important. Legal scholarship has worked out the differences between the rule-oriented approach associated with Anglo-American legal systems versus the principle-based approach common to continental Europe.

Constitution-making has been a central political activity in the modern era. Enacting a new constitution was an essential ingredient in the foundation of republics, the creation of new states, the inauguration of democratic regimes, and the reequilibration of democracies during or after a political crisis. Constitution writing has also become a crucial part of the process of overcoming a legacy of violent internal conflict and a component of authoritarian regimes that seek to gain legitimacy by emulating the formalities of representative democracies. This article surveys the most important concepts and issues related to the comparative analysis of constitution-making. Although it draws examples from constitutions made in a wide variety of settings, special attention is paid to constitutional texts adopted or implemented under competitive conditions.

The field of international relations has long focused on understanding and explaining the causes of war. In contrast, scholars have devoted relatively little attention to war’s consequences. However, scholarly literature on the consequences of violent conflict, including its effects on liberal democracy, has burgeoned and improved in recent decades, since the 1990s.

Existing research shows that security threats, mobilization, and warfare are neither entirely negative nor entirely positive with respect to liberal democracy. On the one hand, in the short run, these pressures erode liberal institutions and values. On the other hand, large-scale mobilization and warfare—both interstate and civil—encourage broader and more intense participation at the individual level and strengthen participation’s structural foundations.

However, despite recent advances, there remains much that we still do not know, which suggests promising avenues for future research. The existing literature has not sufficiently or systematically distinguished among the effects of threat/insecurity, mobilization, and warfare. It has been stronger on empirical findings than on developing the mid-range theories and causal mechanisms that would make sense of those findings. It has been firmer on conflict’s impact on individual attitudes and predilections than on how and when violence reshapes larger political processes and structures. It has had more to say about conflict’s short-run effects than its long-term effects, especially with respect to contestation. The impact of violent conflict on liberal democracy remains a rich soil for future research.

Scholarship on the relationship between domestic institutions and foreign policy is driven by the assumption that a state’s domestic political arrangement can explain important aspects of its foreign policy behavior. Democratic domestic institutions, in particular, are thought to be significant for explaining an important set of outcomes. Research shows, for example, that democracies tend to cooperate with each other; uphold their commitments; make more effective threats; engage in fewer wars with each other (but do fight non-democracies quite frequently); perform better in the wars in which they are involved; and tend to fight wars of shorter duration.

Studying the impact of democratic domestic institutions on foreign policy has developed along two broad lines. The first and most established approach is rooted in the basic distinction between democracies and non-democracies. In this view, democratic institutions constrain leaders in a way that produces distinct democratic foreign policy patterns. This approach has yielded a tremendous amount of research and insight into democratic foreign policy, but also suffers from several important shortcomings. One is that democracy tends to be correlated with a host of other variables, making it difficult to specify what exactly it is about democracy that explains certain foreign policy outcomes. A second and related critique of this approach is that it tends to treat democracy uniformly when in fact there is often great variation in democratic domestic institutions across cases.

A second and more recent approach focuses on the differences among democracies and seeks to explain how this variation, in turn, creates variation in foreign policy behavior. Democracies differ in terms of their underlying institutional arrangements in a variety of ways, including whether they have presidential or parliamentary systems, autonomous or constrained executives, and open or closed institutions to modulate the flow of information between leaders and citizens, among others. Even within a country, there can be a different set of institutional constraints on democratic leaders depending on the given foreign policy instrument they seek to employ. Studying these variations and their impact on policy processes and outcomes provides great promise for further unpacking the relationship between domestic democratic institutions and foreign policy.

Diplomacy’s role in foreign policy is hampered by multiple understandings of what diplomacy is and does. A broad definition of diplomacy holds that it encompasses more than the promotion of peaceful international relations. Instead, it applies to the sum of those relations—peaceful, hostile, and everything in between. Thus, foreign relations—so long as they involve the interests, direction, and actions of a sovereign power—may be regarded as being synonymous with diplomatic relations, whereby foreign policy relates to the theory and practice of setting diplomatic priorities; planning for contingencies; advancing strategic, operational, and tactical diplomatic aims; and adjusting those aims to domestic and foreign constraints. This conception of diplomacy is functional: it emphasizes the roles of diplomats and recognizes that many other people perform these roles besides official envoys; and it illustrates that diplomatic settings—and the means, methods, and tools of diplomacy—undergo continuous change. The basic mediating purpose of diplomacy, however, has endured, as has much of its institutional apparatus—embassies, ambassadors, treaties, and so on. This is likely to remain the case so long as there are multiple polities in the world, all having to relate to one another.

The observer´s first impression of the European Council is one of tired European Union (EU) leaders who, after dramatic late-night sessions, try to explain ambiguous compromises on key issues of European policies to their media audiences. From a researcher’s perspective, however, there are still many blank areas—a matter resulting from the various obstacles of analyzing this EU institution. The relevance of the European Council’s decisions has driven research on its agenda formation, decision-making and internal dynamics, its legal status and democratic legitimacy. Yet research on the European Council can be cumbersome and methodologically demanding due to the lack of confirmed empirical evidence: meetings of the European Council are consultations behind closed doors and the dense network of mutual information difficult to access. The conclusions are only a concentrate of the discussions held within. It is furthermore a challenge to explain the causal links between the diplomatic language of the conclusions and the real impact these measures have on EU politics.

Nevertheless, the European Council is a vivid object of investigation. Since its creation in 1974, the European Council has undergone structural and formal changes: from the increase to up to 28 heads of state or government, to the establishment of a permanent president and the formal inclusion in the institutional setup of the EU in the Lisbon Treaty. From the first “summits” onwards, the Lisbon Treaty had a crucial role in the development of the EU system and the formulation of the underlying treaties. In crisis, it was often the only constellation able to provide consensual and thus effective proposals. Meanwhile, the scope of its activities has been enlarged toward a state-like agenda. It now covers topics at the very heart of national sovereignty. To these issues dealing with core state powers belong economic governance, migration policy, justice and home affairs, and external action, including security policy.

Academic controversies about this cornerstone of the Union derive from intergovernmental or quasi-federalist assessments of the institution or from the powers and limitations of “summits” in general and in relation to other EU institutions. Some argue that the European Council shifts the institutional balance toward intergovernmentalist structures. Others stress the European Council’s role in transferring competences to supranationalist institutions. Further debates focus on whether the European Council has (successfully) overtaken the role of a “crisis manager,” or how its embeddedness in the EU institutional architecture could be enhanced, especially vis-à-vis the Council and toward a constructive and balanced relationship with the EP, in future treaty revisions.

Analyses of power and of the role of institutions—especially of a key institution as the European Council—are crucial issues of social sciences. Research projects on this highly interesting EU institution will have to assess which methods are adequate: from studying the treaty provisions, formalized agreements and conclusions, to observing its activities as well as tracing external contexts and the internal constellations of the European Council, to evaluating information considered as “anecdotal evidence” from interviews, biographies, and speeches from the few members of this institution.

While women have succeeded in promoting a feminist agenda in some parliaments, the international research shows that this is not always possible, and accordingly, not a realistic expectation for women. Parliaments, like any institution, have specific cultural norms and practices, some of which actively work against the advancement of gender equality. Understanding the conditions under which female—and male—parliamentarians might succeed in promoting gender equality outcomes has become an important avenue for research and development practice. The focus on gender-sensitive parliaments allows for a framework to identify, and encourage the development of, those conditions.

There are four key elements of a gender-sensitive parliament. First, it accepts that the responsibility to achieve gender equality, both as a policy outcome and as a process, rests with the parliament as a whole (its male and female members and staff) and with the organizations that drive substantial policy, procedural, and normative development (political parties). Second, a gender-sensitive parliament is guided by institutional policies and legal frameworks, which allow the parliament to monitor its achievements toward gender equality and allow follow-up and review. Third, a gender-sensitive parliament institutionalizes a gender mainstreaming approach through its representational, legislative, and oversight work to ensure that all the parliament’s outputs consider, and counteract, any potential discrimination against women or men, girls or boys. This element requires a reconsideration of the process and structures of the parliament, including the respective roles and capacities of members and parliamentary staff. Fourth, a gender-sensitive parliament constantly strives to eliminate institutional cultures that sanction and perpetuate discriminatory, prejudicial norms and attitudes in the workplace against women members and staff.

The judicialization of politics is an expression that has been widely used in the fields of comparative law and judicial politics alike since it first emerged in the 1980s. Yet, despite its ubiquity, it is difficult to ascertain its specific meaning because it is used to refer to such a wide range of court-related phenomena and processes. Despite its varying usages and meanings, there has been a puzzling lack of scholarly discussion over the scope of the term, and very little critical analysis of its use. This silence has impeded the project of comparative constitutional law. So it is necessary to disentangle and compare the many faces of judicialization that are used in various political science literatures. There are as many as nine distinct forms of the term that are regularly used; yet the various empirical strategies for measuring, defining, and documenting this phenomenon are often incommensurable, and further, the causes of judicialization frequently overlap and occasionally contradict one another. The popularity of this term has come at the cost of conceptual clarity, and this confusion has impeded both the project of building a comparative theory of judicialization, and efforts to have a coherent normative debate about its consequences. With the goal of theory building in mind, a systematic study of judicialization and its multiple usages can be a useful way to illuminate key questions for a new research agenda geared toward a deeper and more nuanced understanding of this term.