What role do courts play in the establishment and maintenance of constitutional democracies? To address this question, we elaborate a model that draws on existing substantive literature and on theories that assume strategic behavior on the part of judges, executives, and legislatures. This model, in turn, leads to several behavioral predictions about the interactions among the relevant political actors. Although those predictions could be assessed in many distinct contexts, we focus on Russia. In particular, we provide a demonstration of how the model helps make sense of the behavior of the Constitutional Court (Konstitucjonnyj sud) in light of the difficult political situation it confronted. We conclude with some thoughts on the broader implications of our theory for the study of courts throughout Eastern Europe and how it may well illuminate constitutional politics in other parts of the world.
In this book, Carol Mershon and Olga Shvetsova explore one of the central questions in democratic politics: how much autonomy do elected politicians have to shape and reshape the party system on their own, without the direct involvement of voters in elections? Mershon and Shvetsova's theory focuses on the choices of party membership made by legislators while serving in office. It identifies the inducements and impediments to legislators' changes of partisan affiliation, and integrates strategic and institutional approaches to the study of parties and party systems. With empirical analyses comparing nine countries that differ in electoral laws, territorial governance and executive-legislative relations, Mershon and Shvetsova find that strategic incumbents have the capacity to reconfigure the party system as established in elections. Representatives are motivated to bring about change by opportunities arising during the parliamentary term, and are deterred from doing so by the elemental democratic practice of elections.
This article examines politicians' changes of party labels during the life of a legislature. The authors view a legislator's choice of party as a strategic decision recurring throughout the parliamentary cycle. In their approach, individuals are open to switching parties as they pursue goals specific to the stage in the parliamentary cycle. Analyzing Italy and Russia, they identify among legislators in both countries patterns of heightened switching for office benefits, policy advantage, and vote seeking at distinctive moments in the parliamentary cycle. The commonalities across the two systems provide compelling support for their theoretical framework. The evidence also points to a midterm peak in switching in both countries. Differences appear, however, in the timing of preelectoral positioning—contrasts that the authors attribute to differences in the degree of party system institutionalization, the age of the democratic regimes, and thus the information available to players in electoral politics.
We examine the roles of subnational and national governments in Canada and the USA vis-à-vis protective public health response in the onset phase of the global COVID-19 pandemic. This period was characterized in both countries by incomplete and incorrect information as well as the uncertainty regarding which level of government should be responsible for which policies. The crisis represents an opportunity to study how national and subnational governments respond to such policy challenges. In this paper, we present a unique dataset which catalogues the policy responses of US states and Canadian provinces as well as those of the respective federal governments: the Protective Policy Index (PPI). We then compare the US and Canada along several dimensions including: the absolute values of subnational levels of the index relative to the total protections enjoyed by citizens, the relationship between "early threat" (as measured by the mortality rate near the start of the public health crisis) and the evolution of the PPI, and finally, the institutional/legislative origins of the protective health policies. We find that the subnational contribution to policy is more important for both the US and Canada as compared to their national-level policies, and is unrelated in scope to our "early threat" measure. We also show that the institutional origin of the policies as evidenced by COVID-19 response differs greatly between the two countries and has implications for the evolution of federalism in each.
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