The Constitution, Politics, and Public Policy

The chapter examines how constitutional law affects the nature of Irish politics and public policy. How has the Constitution, and its interpretation by the courts, influenced the choices made by the Oireachtas and by the executive in their approach to, and implementation of, public policy? The chapter argues that looking to the outcome of constitutional litigation alone provides an incomplete account of the many ways in which constitutional law and culture influence political action. Positing a more complex relationship between the constitution-as-law and the constitution-as-politics, the chapter describes how the Constitution has shaped civic and political identity in Ireland; and imposed limits on what is perceived as ‘permissible’ public policy. The chapter also explores how these limits are influenced by non-judicial actors engaged in constitutional interpretation; by public, media, or professional perceptions of constitutional meaning; and by the effects of constitutional rights provisions on power relations and political bargaining.

Navigating gender in elite bargains: Women's movements and the quest for inclusive peace in Colombia

A growing body of scholarship connects the participation of women and the inclusion of gender provisions to the sustainability of peace settlements. But how do women's groups navigate gender power structures and gendered forms of violence within complex and fragile political bargaining processes aimed at ending large-scale conflict? The 2016 Colombian peace agreement, internationally applauded for its inclusion of strong gender provisions and women's participation as negotiators and peace advocates, is a significant case for examining these questions. Drawing on original case material, including interviews of key actors on different sides of the conflict – this article analyses the political bargaining dynamics within and among women's movements, the Santos government and the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC). We argue that the inclusion of women was pivotal in transforming the elite bargaining process and power structures of Colombian society enabling a gender-based approach to the substantive peace agenda addressing transitional gender justice for sexual violence survivors and gender-equal redistribution through land and rural reform programmes. The study suggests that deeply situated political bargaining analysis is essential to navigating gender in elite bargains rather than a one-size-fits-all approach to inclusive peace.

Party, Peace, and Caciquismo

This chapter identifies the processes by which Veracruz moved from violent political and social fragmentation to comparative stability and central discipline. It charts a new level of control by civilian politicians over the networks of soldiers and pistoleros who had previously taken over much of the state, and the emergence of a modus vivendi between weary peasant communities and landowners. Competitive elections declined precipitously, peasants were cut out of political posts at all levels and unions consolidated their control over the work force. Caciquismo endured, and remained as in the rest of Mexico key to political bargaining and central control. Yet while the state government remained incapable of efficient tax collection, this was compensated by dramatic economic growth, police professionalization and federal support for infrastructure and other public goods from the veracruzano camarilla in the national government.

The Draughtsmen

Little is known about the formal crafting of the Paris Peace Treaties in 1919/20 and the set of international lawyers that was tasked to draft the hundreds and thousands of articles of one of the most contested peace settlements of all times. Taking a fresh look behind the scenes of the negotiations in Paris, this chapter unearths role and influence of the drafting committee, offers a characterization of the in-house lawyers involved, and examines how they transformed political bargaining into legally binding rules and treaty provisions. The broader aim is to explore what international legal advisors do in government service and how they operate along the blurred the boundary between law and politics.

Ulama dalam Politik Pemilu pada Pemilihan Gubernur DKI Jakarta 2017

This study analyzes the factors of interest in the involvement of ulama in electoral politics by taking the case of the support of the Ulama and Habaib Forum (FUHAB) against Anies-Sandi in the DKI Jakarta Regional Head Election (Pilkada) 2017. The research method used is qualitative with the technique of collecting interview data with the FUHAB figures, Anies-Sani's success team, politicians, and academics as well as a literature review. The results showed that the dimensions of the interests which were arranged in the form of the economy of the ummah were based on identity. They strongly perceive some of the programs offered by Anies-Sandi as pro-people represented by the urban poor, such as stopping reclamation. In a practical manner, the political support of the FUHAB was fluid because in the early rounds they supported Agus-Silvi. The forms of their political work included using recitation and khutbah jum'at as well as securing votes at lower levels in the voting process. After Anies-Sandi won, the Habaib Ulama Forum (Fuhab), like other organizations, then received grant funds from the government and this shows that civil society organizations have a political bargaining position in elections which is useful for their interests.

Evaluating the Role and Evolution of Factors Influencing Rapid Transit Planning in Ecuador

In practice, the process of transportation planning is shaped by more than technical factors. This paper analyzes how different factors (demand, local conditions, financial, social, and political) have influenced all of the rapid transit projects in Ecuador over the past three decades by evaluating their relative significance on each system component (alignment, size, and technology). This research uses a multiple-case methodology including in-depth interviews with the senior members of the technical teams, as well as a survey component based on the analytic hierarchy process for quantification of the relative significance of the factors. The comparative analysis of projects shows five key results: (1) Each project was unique and external factors introduced a varying degree of complexity into each planning process; (2) The systems’ alignments and sizes were mostly driven by demand and local conditions (rational planning process); (3) The main factor driving technology selection has evolved over time from system demand to political (political bargaining approach); (4) Negative economic conditions had a large influence on the factors of all project components; (5) There is a lack of rational alternative evaluation and an absence of corresponding tools/guidelines in Ecuador. Nonetheless, several processes included practices that contributed to a more rational planning process: lifecycle cost analysis for the various technology alternatives, explicit decision-maker guidelines, transferring the demand risk to the private sector, and the use of multicriteria decision analysis. Implications for future planning efforts are discussed.

The Tholiban Brigade Political Da'wah Movement in Tasikmalaya

This study aims to analyze the existence of the Tholiban Brigade movement in Tasikmalaya as a socio-religious movement. The research aims to answer the existence, motives, and transformation of the Tholiban Brigade da'wah movement in the political field. The research was conducted through a qualitative approach through descriptive methods. Data collection was carried out through observation, interviews, and literature study. The results showed that the legalization of Islamic law in the state's formal law was carried out by the Tholiban Brigade to actualize Islamic da'wah towards Islamic daulah. The legalization of Islamic law is carried out in aspirations, participation, coalitions, and regional political bargaining. The motive of the Tholiban Brigade political da'wah movement is the spirit of amar maruf nahi munkar both in individual and social spheres. This is an effort to change the social order towards Islamic life as a whole (kaffah). The transformation of the da'wah movement towards the Brigade Tholiban political movement is based on religious teachings that view Islam as a religion and state. The implication of this research is expected to map the existence of the Tholiban Brigade political da'wah movement in the national political constellation.Penelitian ini bertujuan untuk menganalisis eksistensi gerakan Brigade Tholiban di Tasikmalaya sebagai sebuah gerakan sosial keagamaan. Penelitian diarahkan pada upaya menjawab eksistensi, motif dan transformasi gerakan dakwah Brigade Tholiban dalam bidang politik. Penelitian dilakukan melalui pendekatan kualitatif melalui metode deskriptif. Pengumpulan data dilakukan melalui observasi, wawancara dan studi pustaka. Hasil penelitian menunjukkan bahwa legalisasi syariat Islam dalam hukum formal negara dilakukan oleh Brigade Tholiban sebagai upaya aktualisasi dakwah Islam menuju daulah Islamiyyah. Legalisasi syariat Islam dilakukan dalam bentuk aspirasi, partisipasi, koalisi dan bargaining politik daerah. Motif gerakan dakwah politik Brigade Tholiban adalah spirit amar maruf nahi munkar baik pada lingkup individual maupun sosial. Transformasi gerakan dakwah menuju gerakan politik Brigadi Tholiban didasarkan pada doktrin ajaran agama yang memandang Islam sebagai agama dan negara. Implikasi penelitian ini diharapkan mampu memetakan eksistensi gerakan dakwah politik Brigade Tholiban dalam konstalasi politik nasional.

9. The Budget

This chapter examines the European Union’s budgetary procedures with an eye towards elucidating the characteristics of budgetary politics and policy-making. Where EU money comes from, how it is spent, and the processes by which it is distributed are the subjects of intense political bargaining. Budgets matter politically, because money represents the commitment of resources to the provision of public goods and involves political choices across sectors and regions. The chapter first provides a thumbnail sketch of the EU budget before looking at the major players involved in the budgetary process. It then considers budgetary politics over time, focusing on two phases, one dominated by budgetary battles and the other by ordered budgetary decision-making, and shedding light on the EU’s large-scale budgetary response to the Covid-19 pandemic which marks an important step within the evolution of the EU budget. Finally, the chapter also provides an assessment of how the EU manages a larger budget.

Closing the Arab Democratic Gap: A Re-Assessment of the Tunisian Democratic Transition

Tunisia is often described as the outlier of the Arab Spring, the one case in which a form of political transition decidedly happened. The fact that this transition first led to the rule of the Islamist party Ennahda has reignited long-standing debates on the role of Islam in politics, the relationship between religion and democracy, and the consequences of their potential incompatibility for the future of Tunisian democracy. A sizeable literature has attempted to address these topics over the years, but it is of little help when trying to understand the events of the Arab Spring and the Tunisian transition, especially when it comes to their impact on the Islamist parties themselves. Borrowing from Villalón’s study of Islam and politics in sub-Saharan Africa, this paper argues that, instead of considering whether Tunisian actors fit within a preconceived notion of democracy, we should consider the process of political bargaining itself as democratic; focusing on the substance of democracy rather than its form sheds new light on the Tunisian case and helps explain various outcomes including the progressive liberalization of Islamist parties and the gradual but distinctive flourishing of democracy in the Tunisian context.