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Article

Joshua B. Rubongoya

Hegemonic political regimes in Africa reflect the continent’s political history, in particular, its colonial past and postcolonial present. Hegemony is primarily a reference to the nature and character of specific modes of power. Political hegemony denotes prolonged, unchecked dominance and control, often by a dominant political party that comprises a section of the ruling coalition. On the continent, regime hegemony is embedded in neo-patrimonial structures of power. It is the outcome of (a) African patrimonial logics and Western bureaucratic institutions and (b) complex networks of patron–client relationships along with resource allocations which form the basis of political legitimacy. As well, the struggles for independence bequeathed a “movement legacy” that continues to frame political organization. African discourses regarding the exercise of power address hegemony in the context of statist–corporatist regimes which, by definition, concentrate power in the state by closing political spaces and promulgating self-serving ideologies, both of which produce unchallenged social realities. Paradoxically, the state is deinstitutionalized, power is personalized, and informality underpins decision making. In deconstructing hegemony in Africa, emphasis is placed on how three key tensions that distinguish hegemony from democracy are resolved. Hegemonies diminish consent in favor of effectiveness, opt for consensus at the expense of participation and competition, and subordinate representation to governability. The consequence of all this is that African polities struggle in sustaining a governance realm that is rooted in consent, competition, and representation. Finally, the nature and character of political hegemony among African polities vary and mutate over time, from independence to the late second decade of the 21st century.

Article

Whether higher education (HE) can be defined as a European Union (EU) policy has been matter of debate. Formally, education is still a domestic prerogative, and in principle, the EU can only support and supplement national governments’ initiatives in the sector. Yet, this official division of tasks has been challenged in many ways over the last decades. First, the history of European integration shows that the European community took an early interest in educational matters. The Treaty of Rome established a community competency on vocational training. Subsequently, the European Commission framed HE and vocational training as two entangled policies. Second, the EU institutions, the member states, and noninstitutional actors have coordinated in innovative ways, through soft governance processes promoted by the Bologna Process and the EU Lisbon—and later Europe 2020—strategy, to impose a European HE governance based on standards and comparison. Third, the study of HE requires going beyond an EU-centric perspective, with international organizations such as the OECD and the Council of Europe cooperating closely with the European Commission. HE has been increasingly shaped by global trends, such as the increased competition between universities. The mechanisms of European HE policy change have elicited academic debates. Three main explanations have been put forward: the power of instruments and standards, the impact of the Commission’s funding schemes, and the influence of interconnected experts, stakeholders and networks. Domestic translations of European recommendations are highly diverse and reveal a gap between formal adaptations and local practices. Twenty years after the Bologna declaration, the European Higher Education Area (EHEA) presents a mixed picture. On the one hand, increased mobility and the growing interconnectedness of academic schemes facilitate the launch of ambitious projects such as the “European universities.” On the other hand, concerns are periodically raised about the growing bureaucratization of the process and the widening gap between the small world of the Brussels stakeholders and everyday academic practices in EHEA participant countries. Paradoxically, smaller and non-EU countries have been more actively involved in advancing the EHEA than large, older EU member states.

Article

Since the 1990s, historical institutionalism has established itself as a frequently used approach in the study of European integration. One basic tenet of those who use this approach is to take history seriously in the study of European integration—in particular how historical choices on institutionalizing particular procedures and policies explain subsequent patterns of agency. Looking at the manner in which time and institutional structures affect outcomes is central in this approach. In the context of the European Union (EU), the works that have adopted this approach have typically examined developments in policies and institutions over time. While sharing with other institutionalist approaches (such as rational choice and sociological institutionalism) the recognition that “institutions matter,” historical institutionalism introduced particular concepts such as “path dependence” and “critical juncture” into the study of the EU. The distinct contribution here is the capacity of historical institutionalism to explain the persistence of institutional structures and the continuity of policies as well as the reasons for change. In the study of European integration, this approach has been adopted in many areas of research, ranging from studies about the legal foundations of the EU, the workings within institutions of the EU, the process of enlargement, to analyses of various sectors of EU policy-making, and the study of the multiple crises confronting the integration project in the 2010s.

Article

Jacob Walden and Yuri M. Zhukov

Legacies of political violence are long-term changes in social behavior and attitudes, which are attributable—at least in part—to historical episodes of political conflict and contention. These legacies can potentially reshape the subsequent political and social order. Their catalysts can range from armed conflict, mass repression, and genocide to oppressive institutions and interpersonal violence. The lasting effects of violence include changes in political participation and preferences, intergroup relations, economic activity and growth, and public health outcomes. Estimating these effects presents a methodological challenge, due to selection, posttreatment bias, and the difficulty of isolating specific mechanisms. These challenges are particularly acute given the long time span inherent in studying historical legacies, where effects may be measured generations or centuries after the precipitating event. Understanding these legacies requires distinguishing between persistence mechanisms, where effects of violence continue within an individual directly exposed to violence through trauma, and the secondary transmission of effects between individuals through family socialization, community and peer influences, institutionalization, and epigenetic and evolutionary changes. Research on this subject remains nascent—across many disciplines—and inconclusive on whether violence fosters mostly negative or positive forms of social and political change.

Article

Gary E. Hollibaugh Jr.

Research in public administration and political science in the late 20th century and early 21st century has identified several factors influencing the effectiveness of political appointees, with a particular emphasis on the United States (given the outsized role of political appointees in the American system relative to those of other industrialized democracies). Within the American system, the advice and consent process means that acting and interim officials often run agencies and departments while nominees await Senate confirmation; however, that these individuals lack the perceived legitimacy that accompanies Senate confirmation means they are (often) less effective at ensuring bureaucratic acquiescence to the preferences of the president. Additionally, confirmed nominees can also run into trouble, as many are often appointed by presidents to “rein in” the departments or agencies they are chosen to oversee; this can result in deterioration in the relationship between themselves and careerists, which ultimately reduces the effectiveness of appointees. Individual variations in the leadership style of appointees in the United States can also affect their effectiveness and abilities to work with careerists. And scholars should spend time and effort considering the theoretical foundations of what it means to be “effective” and perhaps consider the development of new empirical operationalizations thereof. Accordingly, there is merit in assessing pertinent experience in other jurisdictions, including in Britain and South Korea to which brief reference is made in the discussion.

Article

Francesca Pusterla and Elia Pusterla

The European Union Humanitarian Aid Policy (EUHAP) operates through the European Commission’s Civil Protection and Humanitarian Aid Operations Department (DG ECHO) in international humanitarian crises to help victims of man-made atrocities and natural catastrophes worldwide. EUHAP is a subject of vibrant debates given its sensitive scope of intervention and institutional uniqueness. This results, first, in discussions of the reason and legitimacy of humanitarian aid as well as the goals and impact on domestic politics of both donors and recipients. Second, EUHAP is institutionally provided with parallel competences that allow simultaneous and autonomous interventions of the European Union and Member States in humanitarian crises. This means that the EU and Member States can formally carry out independent humanitarian aid without obligation to coordinate. This makes EUHAP particularly relevant regarding the role of the EU as a humanitarian aid provider, the relations between the EU and Member States, the policy governance, and the policy implementation principles. First, coordination and cooperation between the EU and Member States are de facto essential, given the collective nature and global effects of humanitarian crises. Shared competence regulation through EUHAP may enhance the effectiveness of joint operations, overcome inefficient division of labor, and avoid divergence between intervention expected outcome and real performance. Second, parallel competences give to the EU the formal competence to carry out humanitarian actions and conduct a common policy, while Member States’ autonomous actions are not prevented. Indeed, despite the undeniable benefits of multilateral intervention, Member States may opt for bilateralism due to concerns for domestic autonomy and sovereignty breaches. Such collective action problems risk affecting policy coherence and effectiveness. Third, policy governance can make the difference in an effective and coherent EUHAP. This depends on the successful coordination of involved actors to avoid overlapping interventions, dispersion of resources, and particular political, economic, and bureaucratic interests to prevail. In so doing, Member States access the benefits of centralized coordination, monitoring, and division of labor and also avoid autonomy and sovereignty breaches. Fourth, the application of a costs/benefits rationale to common humanitarian interventions is not per se sufficient to ground and overcome the drawbacks of collective action and explain EUHAP. As per its Treaties, or in line with international humanitarian law, the EU adopts and pursues a humanitarian aid policy based on shared principles of solidarity, humanity, impartiality, independence, and neutrality.

Article

The discussion on the relevance of the “inclusion-moderation” thesis to Islamist parties has always been very stimulating. The rise of the Justice and Development Party (AKP, Adalet ve Kalkınma Partisi) in Turkey has so far attracted the attention of the international community in a period riven with the intensification of a civilizational discourse on a global scale since the early 2000s. The main premise of the study is that the “inclusion-moderation” thesis is not very relevant for the Islamists in Turkey. Rather, an “exclusion-moderation” thesis has been more relevant for Islamists’ experiences since the 1960s. AKP was established in 2001 as an offspring of traditional oppositional political Islam in Turkey, which is renowned as the “National Outlook” movement. The name of the party very successfully addressed the two missing elements of the Turkish state and society: “justice” and “development.” The party came to power in 2002 in the aftermath of the one of the most devastating economic crises to hit the country: that of 2001. Starting with a very democratic, inclusive, cohesive, liberal, universalist, and fair political discourse, the party gradually became more and more anti-democratic, authoritarian, populist, polarizing, neo-Ottomanist, and Islamist, at the expense of liberal, secular, non-Sunni, non-Muslim, and other oppositional social groups. Election declarations (seçim beyannameleri) as well as the speeches of the party leaders will be discursively analyzed to find out whether there has been any behavioral moderation in the AKP before or after they came to power. The same documents and speeches will be scrutinized to understand whether there is ideological moderation in the party. The focus will be on the latter to detect the ways in which the AKP leadership has so far deployed an Islamist ideology, which has lately become coupled with a populist political style.

Article

Indonesia is a highly revealing case study for pinpointing both the conditions under which militaries in postcolonial societies intervened in political affairs and the patterns that led to their subsequent marginalization from politics. It also demonstrates how militaries could defend some of their political interests even after they were removed from the highest echelons of power. Emboldened by the war for independence (1945–1949), the Indonesian military used divisions, conflicts, and instabilities in the early postindependence polity to push for an institutionalized role in political institutions. While it was granted such a role in 1959, it used a further deterioration in civilian politics in the early 1960s to take power in 1965. Military intervention in politics in Indonesia, then, has been as much the result of civilian weaknesses as of military ambitions, confirming Finer’s theory on the civilian role in military power quests. Military rule in Indonesia weakened first as a consequence of the personalization of the polity built by the leader of the 1965 takeover, General Suharto. After a decade in power, Suharto turned the praetorian regime into a personal autocracy, transforming the military from a political actor into an agent. When Suharto’s regime collapsed in 1998 after being hit by the Asian financial crisis, the military was discredited—allowing civilian rulers to dismantle some of its privileges. But continued divisions among civilian forces mitigated the push for the military’s full depoliticization—once again proving Finer’s paradigm. As post-Suharto presidents settled into the new power arrangements, they concluded that the military was a crucial counterweight against the possible disloyalty of their coalition partners. Thus, under the paradigm of coalitional presidentialism, rulers integrated the military into their regimes and granted it concessions in return. In short, while the post-1998 military is much diminished from its role in predemocratic regimes, it retains sufficient power to protect its core ideological and material interests.

Article

Understanding policy instrument choices and the range of possibilities present in any implementation situation is key for both policy advisors and decision makers. These choices are a concern in policy formulation, which requires an understanding of what kinds of instrument options exist, which subset of tools is generally considered feasible or possible in a given context, and which among that smaller subset of all possible tools is deemed by policy experts, politicians, and the public to be the most appropriate to use at a given time. And, once plans have been adopted, questions of how they can best be implemented and how implementation can be done by governments raise another key set of instrument-related issues important to both policymaking and public administration.

Article

Interest groups—collective voluntary organizations for which political advocacy is a primary task such as business associations and citizen groups—are key agents engaging with the bureaucracy. While understudied, research on the relations between interest groups and civil servants highlights the importance of the bureaucratic arena. Recent studies present different perspectives on the interactions between these two actors and also highlight the process of issue prioritization, an important aspect of (internal) agenda setting within groups. This is a key process to study as it provides insight into why groups allocate their attention and resources to a specific set of policy issues, and in this way it clarifies how interest groups put representation into practice. Issue prioritization within groups can be conceptualized as being guided by five drivers: internal responsiveness, policy capacities, niche seeking, political opportunity structure, and issue salience. Recent scholarship has highlighted how rather than privileging one driver over another, this process is first and foremost a balancing exercise in which groups take on board various internal and external considerations. Similar processes are at work within bureaucracies. The intersection of prioritization processes of civil servants and interest groups is an important area for future research.

Article

Intergovernmental relations in Latin America present a varied sample of both institutional determinants and actual dynamics. Constitutional structures regulate whether countries have a federal or a unitary system of territorial distribution of power and stipulate the territorial levels of government. Thus, constitutions structure the number of vertical and horizontal intergovernmental relations. Actual dynamics, however, depend on policy prerogatives that establish subnational authority vis-à-vis the national administration. These prerogatives, usually understood in terms of power, responsibilities, and resources, shape the territorial balance of power within a country. Power, responsibilities, and resources can be combined to apprehend the degree of authority in the hands of regional governments. Such authority is analytically organized into two dimensions: the regional power of self-rule and the power to share rule with national decision makers. This distinction helps to explain that the trend toward increasing regional authority is mostly a product of decentralization and devolution politics that have enhanced self-rule, rather than reforms that advance the shared rule dimension. Nevertheless, neither constitutional structures nor new regional policy prerogatives are the only determinants of the dynamics of intergovernmental relations. Informal institutions, such as subnational coalitions and local political clientelism, are particularly relevant to understanding the actual balance of power between national and subnational governments and among subnational arenas.

Article

Sebastian Harnisch

The Islamic Republic of Iran and the European Union (EU) have not yet established formal diplomatic relations, but since 1979 the Union and its member states have had various strong if often conflictual interactions. The relationship has been marked by distinct phases that reflect the emerging character of the partners, a theocratic republic on the one hand and a Union of interdependent democratic states on the other. While mutual economic interests have formed the basis for substantial interactions, relations with member states and the EU itself have been colored by a long and sometimes hurtful history of European states’ role in Iranian politics, including the Russian and British imperial influence over Persia in the late 19th and early 20th century, the British (and American) involvement in the coup against democratically elected Prime Minister Mohammad Mosaddeq in 1953, and the French hosting of Ayatollah Ruhollah Khomeini, an avowed critic of the Pahlavi dynasty, prior to the anti-authoritarian revolution in 1979. Over time, the relationship has substantially shaped the character and direction of the politics of the EU’s common foreign and security policy, resulting in more policy coherence between member states and the EU, more policy autonomy, particularly vis-á-vis the United States, and more proactive behavior, such as during the nuclear negotiations leading to the Joint Comprehensive Plan of Action (in 2015). By engaging with a problematic member of the nonproliferation treaty, the EU not only specified and thus strengthened the treaty, but it also grew into an international nonproliferation actor to reckon with.

Article

The inclusion-moderation theory posits that radical parties will abandon their most extreme goals and become more moderate in ideology and behavior if they are included in competitive electoral politics. The case of Indonesia confirms many assumptions of this theory, demonstrating that Islamist parties can indeed become more moderate as a result of their inclusion in formal electoral politics. Certain supporting conditions, however, may need to be in place, and even if moderation does occur it may not always be conducive to the quality of democracy. In Indonesia, the first experiment with including Islamist parties in electoral politics in the 1950s failed, but when democracy was eventually restored in 1998, the evolution of the two main Islamist parties that established themselves in the party system followed what proponents of the inclusion-moderation theory would expect. Both the United Development Party (Partai Persatuan Pembangunan) and the Prosperous Justice Party (Partai Keadilan Sejahtera) abandoned their original goals of turning Indonesia into an Islamic state based on sharia law. Like other radical parties in similar political contexts, they moderated in response to institutional incentives and immersion in parliamentary and cabinet politics. By the time Indonesia started preparing for the 2019 elections, both parties were basically mainstream conservative Islamic parties, which, in view of their behavioral and to a lesser extent ideological moderation, should no longer be considered Islamist parties. However, the moderation of these parties has not led to a deepening of Indonesian democracy. On the contrary, while Islamist parties moved to the center, ostensibly secular parties moved increasingly to the right, supporting religiously conservative initiatives and policies, and forming alliances with Islamist actors outside the party spectrum. Thus, Indonesia underwent a process of Islamization despite the moderation of its Islamist parties.

Article

Israeli-European Union (EU) relations have consisted of a number of conflicting trends that have resulted in the emergence of a highly problematic and volatile relationship: one characterized by a strong and ever-increasing network of economic, cultural, and personal ties, yet marked, at the political level, by disappointment, bitterness, and anger. On the one hand, Israel has displayed a genuine desire to strengthen its ties with the EU and to be included as part of the European integration project. On the other hand, Israelis are deeply suspicious of the Union’s policies and are untrusting of the Union’s intentions toward the Israeli-Palestinian conflict and to the Middle East as a whole. As a result, Israel has been determined to minimize the EU’s role in the Middle East peace process (MEPP), and to deny it any direct involvement in the negotiations with the Palestinians. The article summarizes some key developments in Israeli-European Community (EC)/EU relations since 1957: the Israeli (re)turn to Europe in the late 1950s; EC-Israeli economic and trade relations; the 1980 Venice Declaration and the EC/EU involvement in the MEPP; EU-Israeli relations in a regional/Mediterranean context; the question of Israeli settlements’ products entering free of duty to the European Common Market; EU-Israeli relations in the age of the European Neighbourhood Policy (ENP); the failed attempt to upgrade EU-Israeli relations between the years 2007 and 2014; and the Union’s prohibition on EU funding to Israeli entities beyond the 1967 borders. By discussing the history of this uneasy relationship, the article further offers insights into how the EU is actually judged as a global-normative actor by Israelis.

Article

Two opposing arguments are heard in the political and academic discourse in Israel regarding the status of the Israel Defense Forces (IDF). One claims that the IDF possesses too much power and that military thought governs political thought, thus it is “a military that has a state.” The other contends that the military is oversupervised by civilian groups. However, both arguments are correct if we relate each to a specific domain of civil–military relations. Since its establishment in 1948, the IDF has become increasingly subordinated to civilian control. During the 1950s, it was a military that dictated policies and often acted in direct defiance of the elected government; but since then, it has gradually lost much of its autonomy and become highly monitored by civilians. Areas that were conventionally considered to be within the military’s sphere of professional competence have become subject to civilian control. There has been increasing civilian intrusion into the military domain, starting with the monitoring of military operations during the 1950s, and culminating in the 2000s with increased monitoring of the IDF’s human and material resources and its activities in policing the Palestinian population. This process also signifies a transition from control performed exclusively by formal state institutions to increasing engagement by extrainstitutional actors (such as social movements and civil rights organizations) backed by the media and focused on issues ranging from recruitment policies and the investigation of operational accidents to actual military operations. At the same time, those ascribing too much power to the military are also right. Israeli political culture has been militarized from the early years of the state, except for a short period of demilitarization during the 1980s–1990s. Militarization developed from initially just prioritizing the military approach over political-diplomatic methods during the state’s first years, and continued with the predominance of military over political discourse after the 1967 War, and the religionization of politics since the 2000s. Throughout this process, the ongoing friction with the Palestinians in the West Bank and Israel’s wars in Gaza were presented as a religious war and the Palestinians were dehumanized. Thus, it is military thought that is powerful rather than the military organization itself, which has lost much of its former autonomy; military thought still governs civilian politics. Moreover, to a large extent, during the 2000s, not only did rightist and religious groups become the main promoters of militarization rather than the IDF and its officers’ social networks, but the new trends of militarization even clashed with the military command and its secular rationale, thus further challenging its professional autonomy.

Article

The Jordanian Armed Forces (JAF), unlike their counterparts in many other parts of the Middle East, have never taken power in a coup. The military has no direct role in governance, but its shadow looms large in Jordanian politics, especially as the kingdom has been challenged by regional wars, internal conflicts, and (after 2010) by the domestic and regional effects of the Arab Spring (Arab uprisings). The only time Jordan came close to a military coup was in 1957, in an era marked by heightened pan-Arab nationalism and politicization of armed forces across the Arab world. But that coup was foiled almost as soon as it began, leaving the armed forces thereafter to cast themselves as the protectors not only of the country but also of the Hashemite monarchy. Jordan’s armed forces fought in multiple wars with Israel, including in 1948 and 1967, with a more limited role in the 1973 Arab–Israeli war. The military was also involved intensely in internal conflict, especially in 1970–1971, when King Hussein’s armed forces clashed with the guerilla forces of the Palestine Liberation Organization (PLO). Although they never overthrew the state nor established a military government in Jordan, the Jordanian Armed Forces nonetheless played a large role in Jordanian politics, society, and even in the economy. The military was also part of a broader array of security institutions, including the intelligence services, the police, and the gendarmerie. An aid-dependent country with limited resources, Jordan faced countless fiscal crises over the years, but its military and security budgets continued to grow. Hashemite kings have tended to dote on the armed forces, ensuring large budgets and the latest in arms and equipment. Even the regime’s attempt to cultivate a strong Jordanian national identity was deeply rooted in the images of the military, the monarchy itself, and the other key security institutions. But while the military’s influence loomed large in public life, it did not necessarily reflect a broad range of Jordanian society, being drawn heavily from Jordan’s tribal, rural, and East Jordanian communities, rather than from more urban, largely Palestinian-Jordanian communities. But in the era of the Arab uprisings across the Middle East (especially after 2010), military veterans—especially those with tribal and East Jordanian roots—played ever more vocal roles in Jordanian politics, remaining loyal to the monarchy, but also feeling empowered to lecture the monarchy about perceived flaws in social and economic policies. The personnel in Jordan’s military and security institutions, in short, were drawn from the same tribes, regions, and communities that were most fervently challenging the regime and its policies in the Arab Spring era, changing the nature of Jordanian politics itself.

Article

Judicial control over the bureaucracy is a means to defend the rule of law and important principles of democratic governance. It refers to the power of the courts to consider whether the actions of public authorities respect the limits prescribed by law. Regimes of judicial control vary in legal and administrative systems. Two major traditions can be mainly distinguished. The first characterizes continental Europe. It assigns judicial review to specialized administrative courts and involves a special branch of law, that is, administrative law. The second relies on ordinary courts and characterizes the Anglo-American system of common law. The two traditions also differ regarding the role of the courts and particularly their possibility to shape rules (common law tradition) or to apply rules (continental tradition). The expansion of state activities, including economic and social regulation and welfare service provision, has blurred the old politics–administration distinction since more and more decisions are delegated by parliaments to the administration, endowing it with wide discretionary powers. These developments have added a new meaning to the implementation of the rule of law. When the content of decisions is bound by a legal rule, legal compliance is more straightforward than when there is a margin of appreciation and choice. Circumscribing administrative discretion passes first and foremost from regulating the process of decision-making. Procedural standards have indeed been an area of primary concern for courts. Increasingly, nevertheless, substantive aspects of the administrative decision-making process and even service provision come under judicial scrutiny. Its extent inevitably differs from one legal system to another. The intensity of judicial review and its impact on (a) administrative operation and (b) policy decisions raise critical questions: how is it possible to achieve a balance between managerial flexibility, efficiency, and responsibility on the one hand and legal accountability on the other? To what extent may the courts substitute their own judgment for that of policymakers and the administrative or expert opinion underlying the decision under examination? How far do they go in scrutinizing policymaking and implementation? Judicial control involves constraining as well as constructive effects on the administration. It may contribute to an institution-building process (e.g., strengthening of Weberian-type features, increasing formalization, etc.) and to the agenda-building process, and it may influence policymaking. In certain contexts, courts even tend to become political actors. The reverse side is that they may step into matters of management and policymaking for which they are not prepared or institutionally responsible. This points to potential tensions between the administration (the executive) and the judiciary but also underlines the limitations of judicial control. Delicate issues regarding the separation of powers may emerge. Furthermore, cost, delays, the degree of administrative compliance with judicial decisions, and the ability of courts to integrate into their reasoning issues of efficiency and effectiveness constitute growing challenges to judicial control.

Article

Rebecca Hamlin and Gemma Sala

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.

Article

In a liberal conception of democracy, courts play an important role in facilitating the rule of law by controlling the abidance to rules and by holding the political branches of government accountable. The power of constitutional review is a crucial element for exercising horizontal accountability. Courts across Africa are vested with the power of constitutional review, and, generally speaking, their independence has substantially increased since the beginning of the 1990s—although African courts enjoy overall less independence than the global average for courts’ independence. Within the African region, the level of judicial independence varies widely, between contexts that rarely allow judicial independence and contexts where courts have more power to challenge the government. Furthermore, across the continent, African courts experience undue interference—which frequently takes place informally. Informal interference can occur through the biased appointments of judges, verbal and physical threats, violent attacks, the payment of bribes, or the ouster of sitting judges. Informal networks—held together by ties based on shared educational trajectories, common leisure activities, religion, kinship relations, or political affiliations—are the channels through which such pressure can be transmitted. Yet judges also can actively build informal networks: namely, with the legal community, civil society, and international donors, so as to insulate themselves against undue interference and to increase institutional legitimacy. Research has shown that the agency of judges and courts in signaling impartial decision-making, as well as in reaching out to society, is crucial to constructing legitimacy in the African context. In contrast, the explanatory power of electoral competition as an incentive for power holders to support judicial independence is not straightforward in the context of Africa’s political regimes, where the prospect of losing office is associated with financial, and in some cases even physical, insecurity. However, research on judicial politics in Africa is still only preliminary, because the field requires more comparative studies in order to fully reveal the political repercussions on Africa’s judiciaries as well as to delineate the scope conditions of the prominent theories explaining judicial independence.

Article

Florian Trauner and Ariadna Ripoll Servent

Justice and home affairs (JHA) is one of the most salient policy fields at European Union (EU) level. It deals with issues closely related to the sovereignty of member states including immigration, borders, and internal security. This article takes stock of the policy’s development and current academic debates. It argues that EU justice and home affairs is at a crossroads. Most EU actors underline the value added of European cooperation to tackle transnational threats such as terrorism and organized crime as well as the challenge of international migration. Indeed, the EU has increased its operational cooperation, data-sharing and legislative activities. The EU home affairs agencies, notably the European Police Office (Europol) and European Border and Coast Guard Agency (Frontex), have been substantially empowered. Yet JHA has also become a playing field for those attempting to politicize the European integration process. Therefore, recent years have seen major conflicts emerge that risk fragmenting the EU. These include controversies over the distribution of asylum seekers within the EU and the upholding of rule of law standards in some Eastern European states. Scholars have followed these developments with interest, contributing to a multifaceted and rich literature on aspects such as the dynamics of EU decision-making and the policy’s impact on the member states’ respect for fundamental rights and civil liberties. Promising avenues of further research include the implications of the politicization of the field and the consequences of ever more interconnected internal security databases and technologies.