1-20 of 23 Results

  • Keywords: regulation x
Clear all

Article

Anthony R. Zito

New policy instruments have come onto the policy agenda since the 1970s, but there is a real question about whether the ideas behind the design of such tools are actually all that “new” when you assess the role of the policy instrument in its particular institutional and policy context. Taking Hood’s 1983 categorization of instruments as tools that manipulate society to achieve public goals via nodality (information), authority, treasure (finance), or organization, we can find instances where innovations in these areas predate the 1970s. Nevertheless, the mention of these instruments in international organizations such as the Organisation for Economic Co-operation and Development (OECD) and national institutions and debates as the means for both improving governance and protecting economic efficiency has increased in light of a number of interacting trends, including the rise of neoliberal and new management ideologies, the increasing perception of a number of wicked problems (e.g., climate change) and nested, politically sensitive problems (e.g., health and welfare policy), and a rethinking of the role of the state. A typology is offered for differentiating changes and innovation in policy instruments. Some very notable and complex policy instruments have reshaped politics and public policy in a particular policy sector; a notable example of this is emissions trading systems, which create market conditions to reduce emissions of climate change gases and other by-products. Information and financial instruments have become more prominent as tools used to achieve policy aims by the state, but equally significant is the fact that, in some cases, the societal actors themselves are organizing and supporting the management of an instrument voluntarily. However, this obscures the fact that a much more significant evolution of policy instruments has come in the area that is associated with traditional governing, namely regulation. The reality of this “command and control” instrument is that many historical situations have witnessed a more flexible relationship between the regulator and the regulated than the term suggests. Nevertheless, many OECD political systems have seen a move toward “smart” or flexible regulation. It is increasingly important that those who promote this new understanding of regulation see regulation as being supplemented and supported by and sometimes reinforcing new policy instruments. The integration of these “newer” policy instruments into the regulatory framework represents perhaps the most significant change. Nevertheless, there is some reason to question the real impact that new policy instruments have in terms of effectiveness and democratic legitimacy.

Article

Lydie Cabane and Martin Lodge

This chapter deals with a case of radical regulatory innovation as a result of the financial crisis of 2007–2009. Since the financial crisis of 2007–2009, the question of how to manage banking crises has risen in prominence. The considerable financial, social, and political consequences of various governments’ rescue packages established demands for creating more orderly ways of dealing with bank failure, reducing the exposure of states and the taxpayer. Consequently, considerable institutional innovation over the 2010s has led to new banking crisis management mechanisms, including new organizations, new legal regimes, and a new profession, in particular in the European Union context. The emergence of an explicit European banking crisis management has to be understood within the context of different modes of transboundary crisis management and in relation to the various rationales and accounts of bank crisis management experiences. Before the financial crisis, the emerging European regime was characterized by an absence of formal crisis prevention and management powers. Since then, banking crisis management has witnessed the rise of new institutions that illustrate broader trends in crisis management, namely the growing importance of planning and preparation rather than actual firefighting. Besides, the banking crisis management regime is shaped by deep underlying tensions that are shared by multilevel crisis management regimes more generally. To explore these issues, this chapter sets out the rationale for regulating for “orderly failure,” provides for a brief account of the emergence of the EU’s Single Resolution Mechanism, before turning to unresolved, and arguably irresolvable tensions that exist in multi-level crisis management in the case of banking.

Article

Despite international guarantees to respect religious freedom, governments around the world often impose substantial restrictions on the abilities of some religious groups to openly practice their faith. These regulations on religious freedom are often justified to promote social stability. However, research has demonstrated a positive correlation between restrictions on religious freedom and religious violence. This violence is often thought to be a result of grievances arising from the denial of a religious group’s right to openly practice its faith. These grievances encourage violence by (a) encouraging a sense of common group identity, (b) encouraging feelings of hostility toward groups imposing those regulations, and (c) facilitating the mobilization of religious resources for political violence.

Article

David Levi-Faur, Yael Kariv-Teitelbaum, and Rotem Medzini

Regulation, that is, rulemaking, rule monitoring, and rule enforcement, is both a key policy and legal instrument and a pillar of the institutions that demarcate political, social, and economic lives. It is commonly defined as a sustained and focused control mechanism over valuable activities using direct and indirect rules. Most frequently, regulation is associated with the activity of public independent regulatory agencies, designed to promote economic, social, risk-management, integrity, or moral goals. Since the 1990s, more and more states worldwide are establishing such agencies and placing more emphasis on the use of authority, rules, and standard-setting, thus partially displacing earlier emphasis on public ownerships and directly provided services. Alongside this rise of the “regulatory state,” the expansion of regulation is also reflected in the rapidly growing variety of regulatory regimes that involves nonstate actors, such as private regulation, self-regulation, and civil regulation. Regulatory regimes can be explained and assessed from three theoretical perspectives: public-interest theories, private-interest theories, and institutional theories. Each perspective shines a different light on the motivations of the five regulatory actors: rule-makers, rule intermediaries, rule-takers, rule beneficiaries, and citizens. Over the years, diverse regulatory strategies evolved, including: prescriptive strategies that attempt to mandate adherence in precise terms what is required from the rule-takers; performance-based strategies that set in advance only the required outcomes; and process-based strategies that attempt to influence the internal incentives and norms of rule-takers. Although it appears that regulation is here to stay as a keystone of society, it still faces fundamental challenges of effectiveness, democratic control, and fairness.

Article

Jason Brennan

Market-based economies outperform the alternative forms of economic organization on almost every measure. Nevertheless, this leaves open what the optimal degree of government regulation, government-provided social insurance, and macroeconomic adjustment is. Most economists seem to favor mostly, but not completely, free markets. Although regulation can in principle correct certain market failures, whether it will do so in practice depends in part on how pervasive and damaging corresponding government failures will be. Philosophers, unlike economists, tend to think that questions about the value of the free market are not settled entirely by examining how well free markets function. Some philosophers even claim that markets are intrinsically unjust. In their view, markets encourage wrongful exploitation, lead to excessive economic inequality, and tend to induce people to treat each other in inhumane ways. Among those philosophers who are more sanguine about markets, one major question concerns the moral status of economic liberty. Some philosophers, such as John Rawls, hold that economic liberty is purely of instrumental value. Citizens should be granted a significant degree of economic freedom only because this turns out, empirically, to produce good consequences. However, other philosophers, such as Robert Nozick and John Tomasi, argue that economic freedom is valuable in part for the same reasons that civil and political liberties are valuable—as a necessary means to respect citizens’ autonomy.

Article

In 1980 Michael Lipsky published “Street-level Bureaucracy,” arguing that public policy is often vague and imprecise, and relies on frontline workers to make sense of it on the ground in delivering public services. At the same time, the book is critical of frontline workers for not complying with policy in their use of discretion. Lipsky’s approach has influenced a great deal of subsequent analysis of public service provision, but continues to contain an unresolved tension at its core. If policy is vague, how can discretion be judged non-compliant against it? The street-level bureaucracy approach has tended to seek to resolve this tension by assuming that all public services are fundamentally the same and that all public service workers should use discretion in a particular way. While street-level bureaucracies—front line public services—are similar in that they are subject to policies, operate under conditions of inadequate resources, and afford frontline workers discretion in their work, there are also significant differences between types of public services in the ways they work with policy and the nature and extent of discretion of staff delivering the service. Different services do different things; the nature of the policy they work with varies, and the logic of provision and priorities vary between services. Policy, for instance, may refer to a precise set of instructions, or to setting out particular concerns or broad-brush commitments. Some services, such as benefits provision, are specified in detailed policy which not only sets out what they can do but also how decisions should be made. Others services, such as policing, are subject to a range of policies and concerns often expressed as conflicting demands that have to be balanced and managed in the particular circumstances of their application. And others, mainly human services, are primarily thought of in terms what the professionals within provide, and assumes a logic of service provision to be located in those providing the service. Policy is sometimes more explicit and discretion narrower; it is sometimes looser and relies more on discretion. It may, in some circumstances, be sufficient to refer to policy to understand what services are supposed to do; in other circumstances, policy alone provides a poor picture of what’s expected. Street-level bureaucracy analysis is too broad-brush and cannot capture the range of ideas of compliance in public services. It tends to equate policy with instruction and judgement with organizational thinking, and to see non-compliance as endemic in the use of discretion. In doing this, it fails to appreciate the variety of relationships between policy and public services; the varied extent of discretion in different settings, and the range of concerns and ethical commitments in different public services. Compliance in policy implementation needs to be sensitive to different types of public services and the subsequent variety of commitments and concerns of street-level bureaucrats in those public services.

Article

According to the World Health Organization, between 2010 and 2015 there were an estimated 582 million cases of 22 different foodborne enteric diseases. Over 40% people suffering from enteric diseases caused by contaminated food were children aged under five years. Highly industrialized livestock production processes have brought along antibiotic resistances that could soon result in an era in which common infections and minor injuries that have been treatable for decades can once again kill. Unsafe food also poses major economic risks. For example, Germany’s E. coli outbreak in 2011 reportedly caused US$1.3 billion in losses for farmers and industries. Food safety policy ensures that food does not endanger human health—along the entire food chain through which food is produced, stored, transported, processed, and prepared. In an interdependent world of globalized trade and health risks, food safety is an extraordinarily complex policy issue situated at the intersection of trade, agricultural, and health policies. Although traditionally considered a domestic issue, bovine spongiform encephalopathy (BSE) and other major food safety crises before and around the turn of the millennium highlighted the need for transnational regulation and coordination to ensure food safety in regional and global markets. As a result, food safety has received ample scholarly attention as a critical case of the transboundary regulation of often uncertain risks. The global architecture of food production also gives food safety policy an international and interactive character. Some countries or regions, for example, the European Union, act as standard setters, whereas newly industrialized countries, such as China, struggle to “do their homework,” and the poorest regions of the world strive for market access. Although national regulatory approaches differ considerably in the degree to which they rely on self-regulation by the market, overall, the sheer extent of the underlying policy problem makes it impossible to tackle food safety solely through public regulation. Therefore, private regulation and co-regulation play an influential role in the standard setting, implementation, and enforcement of food safety policy. The entanglement of several interrelated policy sectors, the need for coordination and action at multiple—global, regional, national, local—levels, and the involvement of actors from the public and private, for-profit and nonprofit fields, are the reasons why the governance of food safety policy is characterized by considerable hybridity and also requires both vertical and horizontal policy integration. Scholarship has increasingly scrutinized how the resulting multiple, sometimes conflicting, actor rationalities and the overlap of several regulatory roles affect effectiveness and legitimacy in the decision-making and implementation of food safety policy. By highlighting issues such as regulatory capture and deficient enforcement systems, this research suggests another implication of the hybridization of food safety governance, namely, that the latter increasingly shares the characteristics of a wicked problem. Next to complexity and both high and notoriously uncertain risks, the multiple actors involved often diverge in their very definitions of the problem and strategic intentions. The major task ahead lies in designing recipes for integrated, context-sensitive, and resilient policy responses.

Article

Claudia Cerqueira and Guadalupe Tuñón

During the past three decades, the tide in religious affiliation has rapidly shifted in Latin America. The predominance of Catholicism in the region has been challenged by the expansion of Evangelicalism and the number of individuals with no religious affiliation. Changes in Brazil’s religious landscape are explained in part by the opportunities and restrictions that government regulations place on religious organizations. Regulation shapes religious competition by changing the incentives and opportunities for religious producers (churches, preachers, revivalists, etc.) and the viable options available to religious consumers (church members). Importantly, as our description of Brazilian regulations shows, the incentives defined by regulation affect religious denominations differently, creating winners and losers. Moreover, established religious groups are often able to reshape religious regulation, reinforcing the degree to which it favors them.

Article

Countries can regulate both the majority religion and minority religions. Although most countries do both, the motivations and dynamics of these two types of regulation are distinct. The regulation, restriction, or control by a government of all religion in a country, including the majority religion, can take multiple forms. These include regulating (1) religion’s role in politics, (2) religious institutions and clergy, (3) religious practices, and (4) other aspects of religion. At least one form of religious regulation is engaged in by 95.5% of governments, and religious regulation is becoming more common over time. Regulating, restricting, and controlling religion is the norm worldwide regardless of world region, government type, and majority religion. Multiple motivations exist for regulating, restricting, and controlling majority religions. (1) Some countries have secular or anti-religious national ideologies. (2) Some countries support religion, but countries that support a religion often also want to influence and control that religion. In fact, control is a nearly inevitable consequence of support. (3) Politicians often fear religion’s potential political power and seek to keep it in check. (4) Autocratic governments often seek to restrict any aspect of civil culture they cannot control, and this includes religion. On the other hand, regulation is costly. It requires resources that can be used elsewhere, so regulating religion represents a decision to use resources despite these costs.

Article

Andrew Bramsen and Zoe Vermeer

Muslim majority states regulate religion at much higher levels on average than non-Muslim states. There are two main explanations for this. First, Muslim states are on average much less religiously pluralistic than non-Muslim states, which tends to result in less tolerant attitudes toward minority religions. Second, and more importantly, religion and politics are much more intertwined in the foundations of Islam than is the case with most other major religious traditions. Because there is this traditional connection in Islam, government regulation of religion is seen as legitimate and even as a positive good. Regulation in Muslim states takes four basic forms. The first is a country’s approach to having an official religion, with Muslim states being much more likely to have an official religion than non-Muslim states. The second involves the degree to which government supports Islam. Muslim states support Islam in a variety of ways ranging from paying the salaries of imams to implementing sharia law and enforcing public morality. The third form deals with the restrictions on religion in general. This occurs in a variety of ways, ranging from repressing forms of Islam that deviate from the government-preferred form of Islam to limiting political manifestations of Islam that might challenge the ruling elite to imposing restrictions on worship practices and proselytizing. Finally, religious discrimination is a form of regulation that imposes different restrictions on minority religions than it does on Islam. For example, some states outlaw the proselytizing of Muslims while allowing the proselytizing of non-Muslims, or restrict the building of minority worship places while granting permits for the building of mosques. The level and nature of regulations vary widely across the Islamic world, and these variations have consequences for democracy, with Muslim states that have lower levels of regulation tending to have more democratic regimes. The two most democratic countries (Senegal and Tunisia) in the Islamic world both have high percentages of Muslim citizens and strong connections between Islamic leaders and the government but have successfully limited discrimination against minority religions, thereby providing a potential model for other Muslim states.

Article

The idea of a clear separation between policymaking and implementation is difficult to sustain for policy bureaucracies in which public officials have “policy work” as their main activity. A diverse body of scholarship indicates that bureaucrats may enjoy substantial levels of discretion in defining the nature of policy problems and elaborating on policy alternatives. This observation raises questions about the conditions under which bureaucratic policy ideas make their way into authoritative policy decisions, the nature of those policy ideas, and how bureaucratic policymaking has evolved. A main point is that bureaucratic policy ideas are developed in a political context, meaning that bureaucrats have to anticipate that political decision makers will eventually have to endorse a policy proposal. The power relations between politicians and bureaucrats may, however, vary, and bureaucrats may gain the upper hand, which is likely if a bureaucracy is professionally homogenous and able to develop a coherent policy idea. Another perspective concerns the origins of policy ideas. There is limited evidence for individual-level explanations of policy ideas, according to which bureaucrats pursue exogenously defined preferences to maximize their own utility. A competing organizational perspective, which considers policy preferences as the result of organizational specialization, the development of local rationalities, and the defense of organizational turf, stands out as a more plausible explanation for the origins of bureaucratic policy ideas. The policymaking role, and thereby the importance of bureaucratic policy ideas, is being challenged by the rise of ministerial advisors, agencification, and better regulation reforms. Those developments have the potential to change the substance of bureaucratic policy ideas, but they may also generate strategic behavior, which should be of interest to scholars of the politics of bureaucracy.

Article

Rules issued by the European Commission, based on powers delegated by the Council of Ministers and the European Parliament, constitute the vast majority of all EU rules. They regulate the daily operation of common policies in all areas. Because the devil is often in the details, Commission rules are tightly controlled by the member states. This traditionally takes place in the so-called comitology system, which is a system of 200–300 member state committees set up to control and approve draft Commission rules. Comitology dates back to the early 1960s, when the Common Agricultural Policy was introduced. The institutional setup of the comitology system is a four-tiered structure composed of Treaty rules, framework rules, daily legislation, and the formal and informal working practices in the individual comitology committees. The Treaty of Lisbon gave the comitology system a major overhaul and introduced new types of Commission rules, delegated acts, and implementing acts. Research on comitology has focused on the purpose and design of the system and its daily workings. Relevant research questions for future studies include the legislative choice between delegated and implementing acts, the daily workings of the comitology committees, lobbying of comitology committees by interest groups, introduction of comitology through the back door in the delegated acts system, and the relationship between comitology and the new rule-making role of European agencies.

Article

Eran Halperin and Noa Schori-Eyal

Moral emotions such as guilt, shame, and pride play a central role in motivating and regulating many of people’s thoughts, feelings, and behaviors. When moral emotions are experienced on behalf of one’s group, they can have a deep impact on intergroup relations as well, particularly in situations of intergroup conflict. If society members feel that they, due to their association with the group, are responsible for the disproportional and illegitimate suffering of outgroup members, they may experience moral emotions like guilt and shame. These emotional responses can potentially motivate society members to enact a range of political response tendencies, varying from pure defensiveness, resulting in opposition to any relevant compromise, to sincere willingness to offer an apology or to compensate the outgroup. Of these group-based emotions, guilt has the greatest potential to contribute to the amelioration of intergroup relations in violent, protracted conflicts. Group-based guilt requires the fulfillment of several conditions, including perceived responsibility for the offense; a specific composition or level of identification with the transgressing group; and appraisal of the guilt-inducing action as unjust, immoral or unfair. Group-based guilt is not a prevalent emotion, and various defense mechanisms are frequently employed to curb it. However, when it does arise the experience of guilt in the name of the group can be an important factor in motivating individuals to support policies aimed at compensating victimized groups and their society, either through material reparations or more symbolic gestures such as formal apologies for the harm incurred. Guilt-driven ameliorative actions such as formal apologies or monetary compensation are an important step towards conflict resolution and reconciliation. While up-regulation of group-based guilt is a challenging process, several research directions demonstrate that this emotion can be induced and harnessed to promote conflict resolution and more harmonious intergroup relations.

Article

The labor market of the 21st century is evolving at a rapid pace, making traditional manufacturing and agricultural jobs increasingly precarious and generating significant pressure for turnover, retraining, and adaptation by workers. Latin America’s labor regulation, adopted in the middle of the 20th century to foster industrial development and incorporate urban workers, has been slow to adapt to these conditions. Its restrictive and costly hiring and firing rules offer stronger protections than in many other parts of the world, but they often apply to a diminishing minority of laborers. Despite a few exceptions, once-strong unions have been hollowed out in the region, and workers have become increasingly atomized in their job seeking. The region’s educational systems are plagued by underinvestment, and they struggle to provide the needed technical skills that could galvanize investment that would provide higher-wage employment. Large segments of the workforce—a majority in most countries—find themselves in the informal sector, in jobs that are not registered with the state and that do not make contributions to pensions and social security systems. Why has Latin America—a region endowed with a variety of natural resources and a resilient entrepreneurial spirit—exhibited these patterns in its labor market regulation? The answer lies in an overlapping nexus of economic and political influences in the region. In this complex mix, one strand of scholarship has documented the lasting and recurrent alliance between organized labor and political parties on the left. Another strand has highlighted the concentrated power of business interests—both local and transnational—that have had the power to shape policies. And a third body of research concentrates on the electoral dynamics that have given rise to a growing set of politically motivated policies that seek to support informal sector workers, but may incentivize their remaining in that status. Finally, considerable attention has been given to the under-resourced state agencies that are not adequately monitoring labor regulations, allowing for widespread evasion of required payroll taxes. A change-resistant cycle has predominated in the region, in which protected insiders in the unionized sectors seek to preserve a set of protections that apply to a shrinking few, while politicians court support among outsiders with direct benefits that address immediate needs but have not yet achieved long-term or intergenerational change. Business interests have largely benefited from the status quo of labor law evasion and social security avoidance, so they have been slow to invest in upgrading the workforce or changing technology that would inspire additional investment in education. Addressing this situation will require efforts at both the political and economic levels, perhaps loosening the partisan ties that lock in preferential policies, as well as increasing the skill levels that would attract higher-tech industries and higher-paying jobs.

Article

John Polga-Hecimovich

The bureaucracy is a central body in the effective functioning of democracy and oversight of the rule of law, and knowledge of how public agencies interact with politics and effect policy implementation is crucial in understanding the “black box” of the state. However, this body of non-elected officials can only fulfill its mandate and achieve good governance if it meets certain conditions, such as technical expertise, a clear organizational hierarchy, meritocratic recruitment for personnel staffing, as well as political support, resources, and the autonomy to devise solutions based on expertise. Unfortunately for Latin America, its bureaucratic agencies have seldom enjoyed these conditions. Instead, public administration in the region has been characterized by patronage appointments, patrimonialism, and a weak capacity to execute public policies. Yet this blanket depiction of the Latin American bureaucracy obscures a great deal more diversity—as well as the fact that Latin American bureaucrats and public agencies are more dynamic and responsive than they are often portrayed. To begin, the size and role of the public administration have evolved constantly throughout the 20th and 21st centuries, growing under statist development policies of the mid-20th century before shrinking under neoliberalism in the 1990s and again growing during the 2000s in some countries. Moreover, the quality of the bureaucracy to efficiently provide services and implement policy varies by country, over time, and even within countries among agencies. This means that there is also variation in the scope and quality of the bureaucracy’s chief functions of policymaking, regulation, and implementation. In fact, politicians and bureaucrats in the region have found a number of creative solutions to agency weakness. Moving forward, politicians can guarantee even better bureaucratic performance by addressing some enduring challenges, such as public sector corruption and an institutional setup that favors short-term policymaking.

Article

Since the 1970s, financial crises have been a consistent feature of the international economy, warranting study by economists and political scientists alike. Economists have made great strides in their understanding of the dynamics of crises, with two potentially overlapping stories rising to the fore. Global crises appear to occur highly amid global imbalances—when some countries run large current account deficits and others, large surpluses. A second story emphasizes credit booms—financial institutions greatly extend access to credit, potentially leading to bubbles and subsequent crashes. Global imbalances are, in part, the product of politically contested processes. Imbalances would be impossible if states did not choose to liberalize (or not to liberalize) their capital accounts. Global political structures—whether international institutions seeking to govern financial flows, or hierarchies reflecting an economic power structure among states—also influence the ability of the global system to resolve global imbalances. Indeed, economists themselves are increasingly finding evidence that the international economy is not a flat system, but a network where some states play larger roles than others. Credit booms, too, and the regulatory structures that produce them, result from active choices by states. The expansion of the financial sector since the 1970s, however, took place amid a crucible of fire. Financial deregulation was the product of interest group knife-fights, states’ vying for position or adapting to technological change, and policy entrepreneurs’ seeking to enact their ideas. The IPE (international political economy) literature, too, must pay attention to post-2008 developments in economic thought. As financial integration pushes countries to adopt the monetary policies of the money center, the much-discussed monetary trilemma increasingly resembles a dilemma. Whereas economists once thought of expanded access to credit as “financial development,” they increasingly lament the preponderance of “financialized” economies. While the experimentalist turn in political science heralded a great search for cute natural experiments, economists are increasingly turning to the distant past to understand phenomena that have not been seen for some time. Political scientists might benefit from returning to the same grand theory questions, this time armed with more rigorous empirical techniques, and extensive data collected by economic historians.

Article

Lawrence C. Reardon

Unlike democracies, the stability and longevity of autocracies are solely dependent on the ability of the paramount leader to maintain and wield power effectively. Whether the autocracy is composed of an absolute monarch or a supreme authoritarian, religious, military, fascist, or communist leader, the autocrat strengthens legitimacy by controlling competing power centers within the state. Autocrats are both envious and fearful of organized religion’s ability to mobilize the citizenry. Whether dealing with large religious organizations or organized religious believers, autocrats can choose to implement negative religious regulations to control or eliminate foreign and domestic religious threats, positive religious regulations to co-opt religious powers, or transformative religious regulations to create new organizations that consolidate and maintain autocratic rule. Adopting an interest-based theoretical approach, the autocratic religious regulations of four countries (China, England, Italy, and Japan) are divided into three categories (negative, positive, and transformative religious regulations). Autocrats within the four countries adopted formal regulations to consolidate their hegemonic control over societal forces within and outside the state.

Article

Recent scholarly attention to religious establishment can be understood as a response to the crisis of secularization theory and the apparent return of religion to global politics. As a category, religious establishment represents a concrete instance of the religious touching the political, which political scientists can systematically measure and analyze to qualify the nature of religion’s return to global politics. Theoretical advances in the conceptualization of religious establishment as a combination of various policies of government regulation and favoritism of religion, in addition to the creation of cross-national databases to measure these policies, has led scholars to rediscover and categorize a broad range of patterns of religious establishment across the globe. Furthermore, these advances in conceptualization and data collection have enabled scholars to produce new political science research on the relationship between religious establishment and patterns of national religious life; cross-national levels of democracy; and the probability of political violence. Several hidden threads bind much of this scholarship together, including implicit assumptions made about normative debates on the meaning of religious liberty, as well as historical patterns of state formation. By explicitly recognizing these assumptions and linking them to future research agendas, political science scholarship on religious establishment is well placed to advance debates on the contemporary role of religion in global politics.

Article

Kristina M. Teater and Laura Dudley Jenkins

Freedom of religion is a constitutional right in India, but this religiously diverse democracy regulates religion in several ways, including enforcing religious personal laws, regulating religious minority educational institutions, monitoring conversions, limiting religious appeals during political campaigns, and outlawing acts that outrage religious feelings. The 42nd constitutional amendment in 1976 added the word “secular” to the Indian constitution, which provides a distinctive model of religion-state relations and regulation that is rooted in historical struggles with colonial rule and abundant religious diversity. The “personal law” system grants major religious communities distinct family laws. Religious minorities have regulated autonomy in the sphere of education based on constitutional commitments to minority colleges and educational institutions. The religious freedom clause in the Indian constitution is one of the most comprehensive in the world, yet several state-level “freedom of religion” acts prohibit “forcible” or “induced” conversions. Affirmative action or “reservation” policies also necessitate regulating conversions, as low castes lose their eligibility upon conversion to Islam or Christianity. Appealing for votes on the basis of religion or caste is a “corrupt practice.” A colonial-era statute continues to outlaw “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.” Constitutional and state regulations of cow slaughter also protect the religious beliefs of some Hindus. Whether defending “religious freedom” by limiting conversions, or criminalizing insults to religious beliefs, laws in India to “protect” religions and religious persons at times threaten the practice and expression of diverse religious perspectives.

Article

Barbara A. McGraw and James T. Richardson

Although the United States Constitution presumably was designed to avoid “regulation” of religion, there is an interplay between religious individuals and private organizations, on the one hand, and the state, on the other hand, which has a regulatory effect on religion in some areas of public life. The First Amendment’s “Religious Clauses” prohibit an establishment of religion and preserve the right to free exercise of religion. An important area of contention and development in legislation and Supreme Court jurisprudence involves free exercise accommodations or exemptions to laws and rules that generally apply to everyone. These are particularly at issue in the workplace, in correctional institutions, and in the military. The latter two give rise to establishment issues, which have been resolved in favor of free exercise, as government support of religion has been held to be necessary to preserve the free exercise rights of inmates and service personnel. The enactment of the Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA) have led to a much greater deference to religious rights, resulting in accommodations that would not have been required under preexisting legislation and judicial interpretation. Another such area involves religious organizations themselves, in particular issues regarding tax-exempt status, land use, and faith-based initiatives. A provision in the tax code known as the Johnson Amendment, which restrains religious (and other tax-exempt organizations) from certain political activities, has been challenged recently as a limitation on free speech, however without success so far. Issues involving local government limitations on religious organizations’ land use through zoning restrictions are now being addressed more favorably for religious organizations through the land-use provisions of RLUIPA, although not without controversy. Faith-based initiatives have promoted religious organizations, or faith-based organizations (FBOs), as important government partners, which are eligible to receive public funds for the delivery of social services. Since the late 20th century, there has been a gradual, but significant shift toward greater respect for individuals’ and groups’ religious rights, especially reflected in recent legislation and Supreme Court decisions. Such trends suggest that, although religion has come into conflict with legal-policy developments in other areas, such as those involving gay marriage and contraception coverage, the right to practice one’s religion and participate in public endeavors alongside nonreligious individuals and groups, is likely to continue to expand for the foreseeable future.