scholarly journals Checks and Balances: Enforcing Constitutional Constraints

Economies ◽  
2018 ◽  
Vol 6 (4) ◽  
pp. 57 ◽  
Author(s):  
Randall Holcombe

Constitutional political economy has focused heavily on designing constitutional rules sufficient to constrain governmental power. More attention has been devoted to designing rules that are effective constraints than on the institutions that would be required to enforce them. One problem is that rules are interpreted and enforced by the political elite, who tend to interpret and enforce them in ways that favor their interests over those of the masses. Democratic oversight is ineffective because voters realize they have no influence over public policy, and are therefore rationally ignorant. A system of checks and balances within government is necessary for enforcing constitutional constraints because it divides power among elites with competing interests and enables one group of elites to check the power of others. Checks and balances within governmental institutions are necessary to constrain the government from abusing its power.

2021 ◽  
pp. 135406882110238
Author(s):  
Olga Zelinska ◽  
Joshua K Dubrow

Whereas social scientists have devised various ways to measure representation gaps between the political elite and the masses across nations and time, few datasets can be used to measure this gap for particular social groups. Minding the gap between what parties social groups vote for and what parties actually attain seats in parliament can reveal the position of social groups in the political power structure. We help to fill this gap with a new publicly available dataset, Party Representation of Social Groups (PaReSoGo), consisting of 25 countries and 150 country-years, and a method for its construction. We used the European Social Survey 2002–2016 and ParlGov data for this time span to create a Dissimilarity Index. To demonstrate the utility and flexibility in the combination of cross-national surveys and administrative data, we chose social groups of gender, age, and education, as well as intersectional groups based on gender and age, and attitudinal groups. We conclude this research note with empirical illustrations of PaReSoGo’s use.


2021 ◽  
Author(s):  
Shamall Ahmad

The flaws and major flaws in the political systems represent one of the main motives that push the political elite towards making fundamental reforms, especially if those reforms have become necessary matters so that: Postponing them or achieving them affects the survival of the system and the political entity. Thus, repair is an internal cumulative process. It is cumulative based on the accumulated experience of the historical experience of the same political elite that decided to carry out reforms, and it is also an internal process because the decision to reform comes from the political elite that run the political process. There is no doubt that one means of political reform is to push the masses towards participation in political life. Changing the electoral system, through electoral laws issued by the legislative establishment, may be the beginning of political reform (or vice versa), taking into account the uncertainty of the political process, especially in societies that suffer from the decline of democratic values, represented by the processes of election from one cycle to another. Based on the foregoing, this paper seeks to analyze the relationship between the Electoral and political system, in particular, tracking and studying the Iraqi experience from the first parliamentary session until the issuance of the Election Law No. (9) for the year (2020).


2010 ◽  
Vol 6 (1) ◽  
Author(s):  
Francis Dupuis-Déri

An examination of the speeches of modern Canada’s “founding fathers” reveals that they were openly antidemocratic. How did a regime founded on anti-democratic ideas come to be positively identified with democracy? Drawing on similar studies of the United States and France, this analysis of the history of the term democracy in Canada shows that the country’s association with democracy was not due to constitutional or institutional changes that might have justified re-labelling the country’s political regime. Rather, it was the result of discursive strategies employed by the political elite to strengthen its ability to mobilize the masses during the World Wars.


2020 ◽  
Vol 6 (3) ◽  
pp. 85-91
Author(s):  
M.Yu. Martynova ◽  
◽  
D.M. Feoktistova ◽  
◽  

the author analyzes the problems of the activity and development of the political elite. The current political situation in Russia puts forward new requirements for the functioning of the management system of state institutions and determines the need for professionally trained, highly moral personnel of the modern political elite. The paper considers the possibility of introducing modern and progressive mechanisms of interaction between the government and society – crowdsourcing, which involves the wide involvement of citizens with an active civic position and public associations in the process of public discussion and political decision-making.


2021 ◽  
Vol 13 (2-1) ◽  
pp. 62-91
Author(s):  
Irina Zhezhko-Braun ◽  

This article is the third and final in a series dealing with the birth of a new political elite in the United States, the minority elite. In previous articles, the mechanism of its appearance was analyzed, as well as its ideology, goals, program and values. The black movement, as the most co-organized of all protest movements, is entering the final phase of its development, being engaged in the placement of its representatives in state and federal governments, political parties and other social institutions. The women’s movement has recently been taken over by ethnic movements, primarily blacks, and has become their vanguard. This article describes new social elevators for the promotion of minority representatives into the corridors of power. The logic of promoting people of their own race, gender and nationality to the highest branches of power began to prevail over other criteria for recruiting personnel. During the 2020 election campaign, a new mechanism for promoting minorities in all branches of government was formed. It is based on numerous violations of local and federal electoral legislation. The mechanism of pressure on the US electoral system is analyzed using the example of the state of Georgia and the activities of politician Stacey Abrams. The article describes Abrams’ strategy to create a network of NGOs that are focused on one mission - to arrange for the political shift of the state in the elections. These organizations circumvented existing laws, making the state of Georgia the record holder for electoral irregularities and lawsuits. The article shows that Abrams’ struggle with the electoral laws of her state is based on the political myth of the voter suppression of minorities. The author identifies a number of common characteristics of the new elite. The minority elite does not show any interest in social reconciliation and overcoming racial conflict, but rather makes efforts to incite the latter, to attract the government to its side and increase its role in establishing “social justice” through racial quotas and infringement of the rights of those social strata that it has appointed bearers of systematic racism in society. As the colored elite increases and the government’s role in resolving racial conflicts grows, the minority movement is gradually condemned, it ceases to be a true grassroots movement and turns into astroturfing.


2010 ◽  
Vol 39 (1) ◽  
pp. 111-131
Author(s):  
Da-chi Liao ◽  
Hui-chih Chang

This paper attempts to determine the kind of constitutional rule preferred in a young democracy when an institutional opportunity for constitutional change occurs. It adopts the standpoint of collective decision-making. This approach involves two crucial theoretical elements: the calculation of the interests of the political elite and the masses' comprehension of what democracy is. The case studied here is Taiwan's constitutional choice between the direct and indirect election of the president during the period from 1990 to 1994. The paper first examines how the political leaders might have used both the logic of power maximization and of power-loss minimization to choose their position on the issue. It then demonstrates that survey results indeed showed that respondents better understood the direct form of electing the president and therefore supported it over the indirect one. This support helped the direct form to eventually win out.


2018 ◽  
Vol 52 ◽  
pp. 00009
Author(s):  
Dani Sintara ◽  
Faisal Akbar Nasution

In administering governance, Regional Heads are given an authority to manage the local finances independently. This authority is regulated in Law Number 9 of 2015 and Government Regulation Number 3 of 2007. Accountability of Regional Heads is a form of a democratic government. In a democratic government, the government has limited power and is not justified to act arbitrarily against its citizens. In reality, the implementation of the accountability is often the result of a political compromise. Political compromises occur due to the behavior of the political elite and the weakness of the existing legislation. This weakness relates to the mechanism of the accountability against the management of regional finances which opens an opportunity between the Regional Heads and the Regional House of Representatives (DPRD) to conduct a negative relationship. The political compromises in the accountability of the Regional Heads have had a negative impact on the local governance. Whereas, the purpose of implementing a regional autonomy is to improve the quality of justice, democracy and prosperity. Therefore, before the DPRD rejects the accountability of the Regional Heads, it must first be tested in the Supreme Court.


2021 ◽  
pp. 275-312
Author(s):  
Christophe Jaffrelot ◽  
Pratinav Anil

This chapter focuses on the internal factors that led to the declaration of the Emergency. It primarily explores Mrs Gandhi’s authoritarian personality and the deinstitutionalisation of the Congress Party. The power structure within the Congress, especially after Mrs Gandhi split the party in 1969, meant that checks and balances ceased to exist. This factionalism enabled her to impose her authoritarian tendencies on the government as safeguards were dismantled. The chapter further explores the relation between authoritarianism and populism. It uses the political situation in India from the late 1960s to the early 1970s as an illustration. Mrs Gandhi, like other populist leaders, was convinced that she was the people of India. This idea was epitomised by D. K. Barooah’s slogan: ‘Indira is India and India is Indira.’


2019 ◽  
Vol 26 (2) ◽  
pp. 321-343 ◽  
Author(s):  
Seán Molloy

Primarily known as a pioneer of International Relations (IR) theory, Hans Morgenthau also wrote on a series of other political themes. Especially prominent in his later career is a concern with the right and duty of a theorist to exercise academic freedom as a critic of government power and, especially in this particular case, of US foreign policy. For Morgenthau the responsibility to hold governments to account by reference to the ‘higher laws’ that underpin and legitimize democracy in its truest form was a key function of the theorist in society. Dissensus and healthy debate characterize genuine democracy for Morgenthau who was perturbed by what he perceived to be a worrying concern with conformity and consensus among the political and academic elites of Vietnam War era America. This article investigates the theoretical and philosophical commitments that explain why Morgenthau felt compelled to oppose the government of his adopted state and the consequences of his having done so. For all the vicissitudes he endured, Morgenthau ultimately emerged vindicated from his clash with the political elite and his experience serves as an exemplary case of the effective use of academic freedom to oppose government policy by means of balanced, judicious critique. In the final section I argue that Morgenthau’s approach to theory, theorization and the role of the intellectual in society provides valuable insights into the nature of reflexivity in IR that are of relevance to contemporary debates in the discipline.


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