scholarly journals Does Institutional Design Make a Difference? / O Desenho Institucional faz Diferença?

Author(s):  
Steven G Calabresi

Abstract:The goal of essay is to identify two key features of U.S. constitutional design integral to the success of U.S. federal and presidential separation of powers, but which are not widely known and are therefore not widely copied when newly emerging democracies around the world choose to write a constitution. First, the focus is on the fact that American federalism is characterized by a much larger number of state entities than exist in most federal regimes and on the fact that state boundary lines are drawn pretty arbitrarily and cross-cut regional and ethnic cleavages. In Part II, the focus is on five features of the U.S. system of presidential separation of powers which make out presidents much weaker than the presidents of other countries with presidential systems.Keywords: Institutional Design; Federalism; Separation of Powers; Presidentialism. Resumo:O objetivo deste artigo é identificar as duas principais características do desenho constitucional dos Estados Unidos que são essenciais para o sucesso da sua separação dos poderes nos planos federativo e presidencialista, mas que não são amplamente conhecidas e, portanto, não são copiadas por democracias emergentes ao redor do mundo no momento em que formulam suas constituições. Primeiro, o foco do artigo se concentra no fato de que o federalismo americano se caracteriza por um número de entidades estatais muito maior do que se nota na maior parte dos demais regimes federativos, assim como no fato de que as linhas divisoras dos estados são desenhadas, de certa forma, de maneira arbitrária, ignorando diferenças regionais e étnicas. Na parte II, o foco se mantém nas cinco características do sistema de separação de poderes dos Estados Unidos que tornam o presidente muito mais frágil do que os presidentes de outros países com sistemas presidencialistas.

Author(s):  
Shoon Murray ◽  
Jordan Tama

This chapter revisits the old paradox that the U.S. president is perhaps the most powerful person in the world and yet is constrained domestically by other political actors and a centuries-old constitutional framework. The chapter discusses key actors that shape American foreign policy, including the president, presidential advisers, the federal bureaucracy, Congress, the courts, interest groups, the media, and public opinion. Presidential candidates often call for major shifts in foreign policy, but once they are in office presidents are constrained by strategic and fiscal realities, the bureaucracy’s preference for continuity, America’s separation of powers system, rising partisanship, the fragmented media, and the openness of U.S. institutions to societal pressures. The result is that modern presidents struggle to build and maintain the domestic backing needed to carry out their foreign policy agenda.


2021 ◽  
Author(s):  
Adem Abebe

This Discussion Paper was drafted for an International IDEA webinar on Taming the Incumbency Advantage (25 May 2021), the first of a series on innovative constitutional design options. It has been revised and updated to reflect contributions from webinar participants: Professor Juvence F. Ramasy (Madagascar), Professor Ridwanul Hoque (Bangladesh) and Professor Gabriel Negretto (Latin America), among others. The webinar series seeks to identify, discuss, profile and showcase the ‘hidden treasures’ of innovative constitutional/institutional design options—including from the Global ‘South’—with potential to help tackle emerging and recurrent challenges facing societies around the world. The goal is not to promote any specific institutional design, but rather to enrich conversations about constitutional reform processes and share comparative constitutional law and practice insights among academic and practitioners’ communities.


Author(s):  
Agustín Goenaga

For decades, Latin America’s troubled experience with democracy has served as a testing ground for theories on democratization and political regimes. Today, most countries in the region have established democratic institutions, and a return to full-fledged authoritarianism is unlikely. However, these regimes are often at odds with the electoral, constitutional, liberal, and representative attributes that are associated with democratic regimes. Even though elections are the only means of access to public office in most of the region, they frequently involve high levels of clientelism, harassment of the opposition, and unfair advantages for incumbents. Although the separation of powers is central to the constitutional design in most countries, a generalized tendency exists toward the concentration of power in the national executive through formal or informal mechanisms. In some countries, party systems have collapsed (e.g., Peru and Venezuela); in other countries, parties have become increasingly detached from civil society (e.g., Chile and Mexico), and, in others, social movements have replaced traditional parties (e.g., Bolivia). The institutional ecology of many of these countries has also become one of the most diverse in the world, as representative institutions coexist with other forms of democratic decision making, such as plebiscites, participatory budgeting, citizen assemblies, national conferences, community councils, local and indigenous autonomies, town hall meetings, and constituent processes. These challenges to the liberal model of democratic governance have in most cases followed victories by left-wing parties and candidates, who have launched major efforts to overhaul their political systems. As a result, Latin America’s experience with democracy since the 1980s has thrown new light on old questions in political science, such as the relationship between institutional design and democratic stability, the performance of democratic institutions in contexts of low state capacity, or the interaction between political and economic inequalities. The region has also inspired new research agendas on the rise of ethnic-based social movements and democratic consolidation, on the electoral consequences of neoliberalism, and on the implications of direct and participatory democracy for effective governance. Most importantly, the particularities of Latin American democracies have problematized our definitions of democracy itself. This has generated new scholarly efforts to replace the democratic/authoritarian dichotomy with more fine-grained classifications of hybrid regimes, to identify multiple “varieties of democracy” or “democratic systems,” and to develop more precise measurement instruments to evaluate regime types around the world. This article offers an overview of current research on Latin American democracies. The first section presents general introductions to the topic, as well as efforts to produce normative assessments of changes in the quality of democracy in each country. The second section cites works that have drawn on the peculiarities of the Latin American experience to reconceptualize the notion of democracy itself. In the rest of the article, empirical research on specific aspects of democratic politics is organized in eight general categories: elections, separation of powers, popular participation, interest representation and political inequalities, state capacity and democratic responsiveness, new democratic institutions, local democracy, and the rise of leftist governments.


2003 ◽  
Vol 33 (1) ◽  
pp. 153-160

The separation wall, one of the largest civil engineering projects in Israel's history, has been criticized even by the U.S. administration, with Condoleezza Rice stating at the end of June 2003 that it ““arouses our [U.S.] deep concern”” and President Bush on 25 July calling it ““a problem”” and noting that ““it is very difficult to develop confidence between the Palestinians and Israel with a wall snaking through the West Bank.”” A number of reports have already been issued concerning the wall, including reports by B'Tselem (available at www.btselem.org), the UN Office for the Coordination of Humanitarian Affairs (available at www.palestinianaid.info), and the World Bank's Local Aid Coordination Committee (LACC; also available at www.palestinianaid.info). UNRWA's report focuses on the segment of the wall already completed and is based on field visits to the areas affected by the barriers, with a special emphasis on localities with registered refugees. Notes have been omitted due to space constraints. The full report is available online at www.un.org/unrwa.


2019 ◽  
Author(s):  
Alexander Noyes ◽  
Frank Keil ◽  
Yarrow Dunham

Institutions make new forms of acting possible: Signing executive orders, scoring goals, and officiating weddings are only possible because of the U.S. government, the rules of soccer, and the institution of marriage. Thus, when an individual occupies a particular social role (President, soccer player, and officiator) they acquire new ways of acting on the world. The present studies investigated children’s beliefs about institutional actions, and in particular whether children understand that individuals can only perform institutional actions when their community recognizes them as occupying the appropriate social role. Two studies (Study 1, N = 120 children, 4-11; Study 2, N = 90 children, 4-9) compared institutional actions to standard actions that do not depend on institutional recognition. In both studies, 4- to 5-year-old children believed all actions were possible regardless of whether an individual was recognized as occupying the social role. In contrast, 8- to 9-year-old children robustly distinguished between institutional and standard actions; they understood that institutional actions depend on collective recognition by a community.


Author(s):  
Оlena Fedorіvna Caracasidi

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.


1997 ◽  
Vol 24 (1) ◽  
pp. 117-141 ◽  
Author(s):  
T. A. LEE

This study represents part of a long-term research program to investigate the influence of U.K. accountants on the development of professional accountancy in other parts of the world. It examines the impact of a small group of Scottish chartered accountants who emigrated to the U.S. in the late 1800s and early 1900s. Set against a general theory of emigration, the study's main results reveal the significant involvement of this group in the founding and development of U.S. accountancy. The influence is predominantly with respect to public accountancy and its main institutional organizations. Several of the individuals achieved considerable eminence in U.S. public accountancy.


Author(s):  
Elisa Eastwood Pulido

A spiritual biography, this book chronicles the journey of Margarito Bautista (1878–1961) from Mormonism to the Third Convention, a Latter-day Saint (Mormon) splinter group he fomented in 1935–1936, to Colonia Industrial/Nueva Jerusalén, a polygamist utopia Bautista founded in 1947. It argues that Bautista embraced Mormon belief in indigenous exceptionalism in 1901 and rapidly rose through the ranks of Mormon priesthood until convinced that the Mormon hierarchy was not invested in the development of native American peoples, as promoted in the Church’s canon. This realization resulted in tensions over indigenous self-governance within the Church of Jesus Christ of Latter-day Saints (Mormon Church) and Bautista’s 1937 excommunication. The book contextualizes Bautista’s thought with a chapter on the spiritual conquest of Mexico in 1513 and another on the arrival of Mormons in Mexico. In addition to accounts of Bautista’s congregation-building on both sides of the U.S. border, this volume includes an examination of Bautista’s magnum opus, a 564-page tome hybridizing Aztec history and Book of Mormon narratives, and his prophetic plan for the recovery of indigenous authority in the Americas. Bautista’s excommunication catapulted him into his final spiritual career, that of a utopian founder. In the establishment of his colony, Bautista found a religious home, free from Euro-American oversight, where he implemented his prophetic plan for Mexico’s redemption. His plan included obedience to early Mormonism’s most stringent practices, polygamy and communalism. Bautista nonetheless hoped his community would provide a model for Mexicans willing to prepare the world for Christ’s millennial reign.


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