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Today’s Topics Institutional Design and Constitution-Making

Today’s Topics Institutional Design and Constitution-Making. Finish learning pro- and anti- presidentialist cases. Become familiar with ways of mitigating flaws of presidential systems. Consider possible alternative explanations for instability of presidential democracies.

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Today’s Topics Institutional Design and Constitution-Making

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  1. Today’s TopicsInstitutional Design and Constitution-Making • Finish learning pro- and anti-presidentialist cases. • Become familiar with ways of mitigating flaws of presidential systems. • Consider possible alternative explanations for instability of presidential democracies. • Understand a range of modes of constitution-making. • Consider why regimes choose particular institutions/ constitutions. • [Group discussion activity.]

  2. Is presidential government good or bad for new democracies?

  3. Anti-Presidential Case • Anti-democratic implications: • “Aura” of president. • E.g. Venezuela, Russia. • Where strong powers, heavy “winner-take-all” character (“hyperpresidencies”). • Where history of dictators, danger of antidemocratic behaviour.

  4. Anti-Presidential Case • Weakens government effectiveness. • Legislative “deadlock.” • Discontinuity due to fixed term and power concentration. • “Lame-duck” syndrome.

  5. How different are prime ministers from presidents? • Isn’t a PM with party discipline & plurality just as powerful and irremovable as a president? • Cabinet shuffling equally powerful in each system, but different.

  6. Variations on presidential institutions to mitigate the “bads” • Election rules • Run-off elections to make sure president elected by majority. • Simultaneous presidential and legislative elections. • Requirements for regional distribution of votes.

  7. Variations on presidential institutions to mitigate the “bads” • Adjust powers granted to president in constitution. • Decree powers. • Checks & balances. • Discretionary powers.

  8. Are presidents really the problem? Could the problem be electoral rules? Problem: PR creates multiple parties, which polarizes electorate. (Mainwaring)

  9. Are presidents really the problem? Could the problem be political culture? (Lipset) British colonial vs. Latin colonial cultures?

  10. Conclusion: Designing Executive Institutions • There are potential dangers in presidential institutions, but also ways of varying presidential power. • View of ideal institutions depends on values considered important (effectiveness vs. limited powers?).

  11. Constitution-Making

  12. What is a constitution? Often a set of specific laws collectively referred to as the constitution. Deemed more fundamental than other laws. Typically more difficult to change than regular legislation.

  13. Institutional conventions may be written or unwritten • Unwritten constitution: • Great Britain. • Unwritten procedures: • Canada: Cabinet not included in constitution.

  14. Modes of constitution-making Autocratically: handed down unilaterally by a leader (e.g. Napoleon’s or Lenin’s) Democratically: negotiated by elected assembly (e.g. South Africa, Poland)

  15. How do real-life political actors choose institutions?

  16. Theories on how institutions chosen: • Historical legacy. • Strong leader tradition. • Particular institutions.

  17. Theories on how institutions chosen: • Preferences of strongest actors (Geddes/ Elster). • Clear strongest party  plurality & presidential system. • Constitution drafted by legislature  strong legislative powers.

  18. Theories on how institutions chosen: • Concern about key constituencies. • United States • South Africa

  19. Theories on how institutions chosen: • Mimicking foreign constitutions. • Hungary • Many new constitutions copy established democratic constitutions.

  20. Institutions tend to become “sticky” once adopted. (Geddes)

  21. Small-Group Discussion: Designing Institutions • Iraq, South Africa, Russia groups. • Would you have a presidential or parliamentary executive? Mechanisms for balancing powers? • What would the electoral system be for electing legislative and executive leaders? • What are your reasons for choosing these institutions?

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