Judicial Review in the Cycles of Constitutional Time

Author(s):  
Jack M. Balkin

The cycles of constitutional time affect the work of the federal judiciary in multiple ways. Because of life tenure, the judiciary is a lagging indicator of the cycles of politics. Hence judicial time is often out of sync with political time. Judicial review is shaped by the strategy of partisan entrenchment: the political parties attempt to install jurists who will be ideologically sympathetic. The cycles also affect the political supports for judicial review—the reasons why politicians accept judicial review and have helped to construct the power of the federal courts over time. Politicians support judicial review and construct how judges practice it because judicial review performs important tasks and manages problems for politicians over the long run, even if they disagree with particular decisions.

Author(s):  
Philip Norton

This chapter discusses the political organization of the UK Parliament, at the heart of which are the political parties. It first considers the internal organization of Parliament, focusing on how political parties are structured. There are two principal parties facing one another in Parliament: the party in government and opposition parties. The opposition comprises frontbench Members (shadow ministers) and backbenchers. Smaller parties may also designate some Members as ‘frontbenchers’ (official spokespeople for the party). The frontbench of each party includes whips. The chapter provides an overview of these whips as well as parliamentary parties before considering legislative–executive relations. In particular, it examines how parties shape the relationship between Parliament and the executive, and how these have changed over time.


2015 ◽  
Vol 7 (1) ◽  
pp. 16-41 ◽  
Author(s):  
Maija Halonen ◽  
Juha Kotilainen ◽  
Markku Tykkyläinen ◽  
Eero Vatanen

Abstract The article aims to show how local industry life cycles impact the development of Finnish resource-based rural towns. This study reveals five long-term and overlapping industry cycles which were based on natural resources, assembly industries and service production. In general, the cycles have shortened over time. Transitions from cycle to cycle were enabled by the phases of resilience, which were highly dependent on political and economic processes at different scales. However, the political interventions of the last decades were unable to compensate for the disadvantages in competitiveness of this remote area and lay sustainable foundations for new industries. In the long run, the only exception has been the forest-related processing industry which has a capacity to renew its own operations and adapt to changing market situations. The results demonstrate the high significance of absolute advantage in rural development


2017 ◽  
Author(s):  
Alexander Wuttke

This chapter investigates the amount of variability in individual turnout decisions over time and its dependence on the changing characteristics of political parties as one feature of the political context. Electoral participation in the German federal elections from 1994 to 2013 was characterized by inertia for most eligible voters. However, one reason for dynamics in turnout behavior is changes in individual alienation with regard to the political parties. When voters develop a more favorable view of the political parties than in the previous election in terms of the parties’ generalized evaluation or perceived competence, then they are motivated to switch from abstention to voting (and vice versa). But the political parties’ capacity to raise turnout rates is rather narrow compared to the influence of other determinants, such as the perceived duty to vote.Wuttke, Alexander (2017). "When the world around you is changing: Investigating the Influence of Alienation and Indifference on Voter Turnout", in: Schoen, Harald; Roßteutscher, Sigrid; Schmitt-Beck, Rüdiger; Weßels, Bernhard; Wolf, Christof (eds.): "Voters and Voting in Context", Oxford University Press, pp. pp. 146–166.


Author(s):  
Robert Ladrech

This chapter examines the ways in which the European Union and the political parties of member states interact and cause change. It considers various types of change, causal mechanisms, and the differences between parties and the EU in both older and newer member states. The chapter first provides an overview of the different partisan actors that operate in the multi-level system of domestic and EU politics before discussing the manner in which domestic political parties can be said to have ‘Europeanized’. It then shows how parties in older and newer member states differ and concludes with an assessment of the wider effects of Europeanization on domestic politics in general and party politics in particular. The chapter suggests that the EU’s influence, in both east and west, may be more significant in the long run in terms of its indirect impact on patterns of party competition.


2021 ◽  
Vol 47 (3) ◽  
pp. 269-282
Author(s):  
Jan-Werner Müller

Ever since the 19th century, political parties and free media were widely deemed indispensable for the proper functioning of representative democracy. They constituted what one might call the critical infrastructure of democracy, an infrastructure which enabled citizens to use their basic rights effectively and also to reach each other (and be reached). Both intermediary institutions are undergoing major structural transformations today (or might disappear altogether, if processes of ‘disintermediation’ continue). It has proven difficult to judge these changes, partly because we lack a proper account of the distinctive normative roles of intermediary institutions beyond standard claims of ‘connecting citizens to the political system’. The essay argues that intermediary powers remain indispensable in staging political conflict, in providing external and internal pluralism and in properly structuring political time.


Author(s):  
Jack M. Balkin

The constitutional system in the United States evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. American politics seem especially fraught today because we are nearing the end of the Republican Party’s long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of constitutional rot. Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But the United States has been through these cycles before, and will get through them again. The country is in a Second Gilded Age, slowly moving toward a Second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can.


Author(s):  
Jeffery A. Jenkins ◽  
Charles Stewart

This chapter examines the evolving roles and responsibilities of House officers in the antebellum era. An analysis of each of the major House officer positions—mainly the Speaker, but also the Clerk and Printer—reveals that the Speaker's role has varied over time, and that the speakership was not the only House office worth fighting for, especially before the Civil War. The chapter first provides a background on the speakership before the Civil War before discussing two major features of the House of Representatives's formal organization: committees and floor debate. It then explores how the Speaker, Clerk, and Printer positions could bestow significant policy and patronage to the political parties that controlled them. It shows that all three positions were regularly viewed as political resources and that party leaders saw the potential of these resources for helping to solidify the foundation of a party-centered legislative institution.


Author(s):  
Ulrich Sieberer ◽  
Thomas M. Meyer ◽  
Hanna Bäck ◽  
Andrea Ceron ◽  
Albert Falcó-Gimeno ◽  
...  

The design of government portfolios – that is, the distribution of competencies among government ministries and office holders – has been largely ignored in the study of executive and coalition politics. This article argues that portfolio design is a substantively and theoretically relevant phenomenon that has major implications for the study of institutional design and coalition politics. The authors use comparative data on portfolio design reforms in nine Western European countries since the 1970s to demonstrate how the design of government portfolios changes over time. Specifically, they show that portfolios are changed frequently (on average about once a year) and that such shifts are more likely after changes in the prime ministership or the party composition of the government. These findings suggest a political logic behind these reforms based on the preferences and power of political parties and politicians. They have major implications for the study of institutional design and coalition politics.


2018 ◽  
Vol 11 (2) ◽  
pp. 101
Author(s):  
Supandi Supandi

The judgement of the Constitutional Court (MK) Number 53/PUU-XV/2017 oblige all political parties participating in the 2019 general election both established parties or new ones to comply to the re-verification process. Political parties participating in the 2019 General Election must adhere to a verification starting by completing a Political Party Information System (SIPOL). The issue started when the General Election Supervisory Agency (Bawaslu) decided that the SIPOL is not the decisive factor to decide whether a political party passed or failed the administration screening, resulting in the General Election Committee (KPU) to issue a Decision Letter regarding Political Parties participating in the 2019 General Election after the decision of the Bawaslu RI. After the KPU also issued SK Number 58/PL.01.1/Kpt/03/KPU/II/2018 regarding Political Parties participating in the 2019 General Election provoked the political parties stated to fail to become participants in the General Election, to submit complaint through the administrative court. The problem became more entangled when parties winning the complaint in the administrative court reported the KPU commissioners stating to conduct efforts of a judicial review (PK). This paper intents by normative approach to provide an evaluation on the verification process of political parties participating in the 2019 General Election and provide input on the efforts to improve the political parties’ verification process in the future.


Author(s):  
Roberto L. Blanco Valdés

Political parties, lynchpin of the democratic architecture, have also been very important in the setting-up of the constitutional system of 1978. They had confronted several problems that have hindered its consolidation. But, over time, the parties have not only invaded public areas that were not designed for them, but have generated internal habits related to bureaucracy, the selection of elites, illegal funding and a lack of internal democracy. This has caused that quite a lot of the spanish public opinion perceive that political parties, and by extension, politicians and politics, as one of the main spanish problems.Los partidos políticos, pieza clave de la arquitectura democrática, lo han sido también en el proceso de construcción del régimen constitucional de 1978. Para ello han debido enfrentarse a diversos problemas que han dificultado su consolidación. Pero, con el paso del tiempo, los propios partidos no sólo han invadido esferas públicas que no les correspondían sino que han generado hábitos internos relacionados con la burocratización, el proceso de selección de las élites, la financiación ilegal y la ausencia de democracia interna. Todo ello ha dado lugar a que una buena parte de la opinión pública española perciba en la actualidad a los partidos, y, por extensión, a los políticos y a la política, como uno de los principales problemas del país.


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