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Political Institutions: Designed to regulate relations between individuals as between them and the community (public life) Organized voluntarily and permanently - an institution wants to represent and influence society. Institutional History
1. Functionalist approach - describes the structure of a political institution in view of the purpose to be achieved; Example: Structural Anthropology developed by Claude Levi-Strauss in "Tristes Tropiques", 1955 (but societies mutate in history, even those "primitive"). Methodological approach
Evolutions of rules and structures with respect to material and ideological relations: The influences deriving from the past and from other countries; The daily routine and habits – influenced not only by technical necessites, but also by ethical (ideological, religious...) convictions. Historicist approach
Doctrine established at the end of the XIX century: a norm must be considered as “valid”, until a subsequent norm is posed by the lawgiver. But even law has "ideological impurities"! It can not be considered only as an expression of "scientifically neutral" necessities! Legal Positivism
French tradition (influences the birth of the Italian school): 1. Maurice Hauriou (1856 - 1929) - "institutional theory"
"Social organization becomes durable when it is established: its legal form - which is the element that makes it enduring - is a system of balance of power and consent.” “The form is the structural element of the organization, pursues a function determined by values considered as recognized. " Hauriou's institutional theory
Historian, specialist in the French Revolution (1907-1989): “Institutions are the framework within which people are struggling; that is, they are the product of the balance achieved between the conflicting forces, translated into laws, decrees (or just costumes)." Jacques Godechot
Difference between Hauriou and Godechot - the awareness that institutions can move away from the valuesand social consensus. Europe has experienced in the twentieth century a moment of loss of political unity, thus the institutions are looking for balance between different - even conflicting - value systems (pluralist democracy). Crisis of liberalism
1. Social History: focuses the division between state / society (government / people): Seen from below: antipolitics, populism - the state is understood as an entity that lives above and at the community's expense); German tradition
Seen from the top, "state-worship" (Hegelian philosophy): the state seen as impartial and superior, promoting a “general interest” or “common good”, compared to the special, “private” interests of individuals in conflict with each other. German tradition (social history)
combines political science and constitutional law in a single framework - by confronting "formal" and "material" Constitution. Tipical issues: defining legal status of political associations arising within the civil society - the major problem of "unconstitutional" or "anti-system" parties. 2. Structural history
relations between the economic and social forces Theoretical formulations Norms, institutions Economic and social effects
2 main patterns developed since XVIII to the beginning of XX century: Pluralistic model (british parliamentary democracy) Monistic model (german authoritarian dictatorship) European tradition
Requirements: 1. Substitution of the king with the prime minister – an accountable political leader; 2. The structuring of the parties inside and outside Parliament; 3. The relationship between governments and public opinion that allows the alternation of governments; 4. A stable Public administration unrelated to the clashes between the parties. British parliamentary system
King in Parliament Thomas Smith, De Republica Anglorum, 1565: confirms the role of parliament as the "accepted part of the constitution, known and recognized element of the Royal Government," "supreme and absolute power of the kingdom because there and not elsewhere, the peaceful meeting between all parts of the kingdom is achieved."
A permanent institution Thomas Smith: • confirmed the illegality of any taxation without the consent of parliament, • petitions presented by the chambers become law if approved by the king, • House of Commons has the right of inquiry into the abuse of royal officials, control over public finances and criminal proceedings against Ministers - impeachment.
Kings’ trial 1949, the Parliament condemns Charles I to death "because of the fundamental proposition by which the King of England is not a person, but an office, with the power to govern by the laws of the country and in no other way."
Royal prerogatives Source of ideological conflict: • the royal prerogatives belong to king only. • They exclude the consent of parliament because they are the foundation of society (regarding the basic values: matters as religion, morality and the unity of the country), • thus a Dogma: the prerogatives can not infringe on the liberty of the subject.
King - Parties 1678-83 - birth of the two parties: Whig and Tory - on the question of royal prerogative to decide in religious matters. Organization and party propaganda: • Tory alliance: Privy Council - Justices of the Peace of Counties - high Anglican church; • Whig alliance: City of London - House of Commons - Protestant nonconformists.
Parties - Public opinion Charles Fox (New Whigs) against George III, 1780: The king must not be influenced only by his "favorites", but also by "public opinion". With the defeat of the George III’ American policy - officially recognized duty for a king to act according to public interest - as shown by the parties.
Formation of governments During XVIII and XIX century, general elections are considered significant, but not directly binding. Professional politicians get ministerial assignments if they have parliamentary support (example - Walpoles’ Grand Party - a Whig federation of MPs under his patronage). Collective responsibility of government and leadership of the Prime Minister based on the ability to influence the majority of MPs.
Ministerial solidarity • The conquest of power is seen as a result of a joint effort made by politicians with common opinions; • during the exercise of power, the prime minister has the power to impose a common policy to ministers; • the resignation is meant as a joint act of the Council against the king or the parliament.
MPs - voters 1774 - Edmund Burke, Speech to the electors of Bristol: virtual representation - the Member is not bound to the will of the voters in his district, but pursues the common good and is accountable for his opinions only to Providence.
December 1834 - April 1835: last case of a government (Tories, led by Robert Peel) imposed by William IV against the will of the majority. Peel resigns after 100 days frustrated for not being able to pass laws against the Whig majority. 1835 - Queen Victoria offers to Peel to form a minority government, but he refuses. Last royal government in United Kingdom
The 1832 Reform Act gives right to vote to the middle class. Number of voters increases about 60%, rising to 650 000. Political parties organize themselves as centralized national structures and promote the voter registration in each district . Reforming political parties
Since the 1832 electoral reform: All parties agree on the principle that decisions taken in parliament are binding on everyone, without regard for other social factors. The local press brings the political debate in the provinces, thus national unity is built around the Parliament, intended as national symbol. Parliamentarism
Public following the work of Parliament (since 1783 journalists can publish parliamentary debates) was born as: Public interest associations - for electoral reform (for a fairer representation - Birmingham Political Union - National Political Union), - for universal suffrage and more frequent elections (Chartism), - for the abolition of slavery. Public opinion
Associations of private interest: - industry associations and lobbies for “friendly” legislation (from medioeval guilds to the Federation of British Industries, 1916), - first Chamber of commerce established in Jersey in 1768 (Association of the Chambers of Commerce established in 1860), - workers' trade unions, etc. divided by sector (since 1815). Private interest
1855: First parliamentary committee on the efficiency of the civil service, due to the chaotic conduct of the Crimean War (first "technological War" and the first to be followed by the press). The aim of the reform: to divide the technical officials from the political. Since 1870, recruitment by competitive examinations, no longer by political patronage (family ties, clients, party, local basis). Permanent civil service
1. 1867 Second Reform Act: doubling the number of voters (from 1.5 to 3 million) and more equitable redistribution between the city (underrepresented) and country. 2. 1872 Ballot Act: Inclusion of employees compels the adoption of the secret ballot. 3. 1884 Third Reform Act: the right to vote, obtained in 1867 in the cities, is extended to the counties. 60% of males has the right to vote. Universal and secret suffrage
Fourth Reform Act 1918: male universal suffrage and partial female suffrage (women over 30 with minimum property qualifications – employed in factories during WWI); Fifth Reform Act 1928: women's universal suffrage. Female suffrage
Effects on party system: The results of the election no longer depend on corruption, but on political campaigns, causing more and more bureaucratic centralization within parties and major electoral expenses. Mass democracy
Effects of the universal suffrage: on one side, the dominance of the richest classes in the House of Commons, because of high costs of electoral campaigns; on the other side, greater social pressure on the upper classes, due to higher expectations of the lower classes fueled by election promises. Class struggle in Parliament
1. The absolutist tradition; 2. Corporate and feudal social organization; 3. The failed revolution of 1848; 4. Centrality of the king in political life; 5. The Chancellery (1867) as a solution for an efficient antiparliamentary (unaccountable) government. Main factors in German constitutional history
1845 - Friedrich Julius Stahl, Monarchical Principle : "For the monarchical principle, the king should remain de facto the core of the constitution, the positive power in the state, the leadership of progress." Prussia: monarchical principle
Stahl: “The security for the monarchy lies not only in constitution but also in the way of government. If this is not strong, energetic, the power will go in fact to the Parliament, though this may be in conflict with the constitution.” Primacy of executive power
Stahl: incompatibility between king and Parliament, as the parliamentary principle involves the inexorable affirmation of republicanism, as in England, where: "A fiction, a king can do no wrong sounds like a profoundly monarchical principle, but he can not do anything. Not only the monarch should have no power, he should not have any desire, no belief in political matters. " Critics of the english model
Carl Rotteck in Constitution, 1836, is critical to the Parliamentary supremacy because: "the Parliament in London has totally alienated from the true idea of representing the people and became a second government, in which the country's interests are sacrificed to the interests of parliamentarians" . England seen by German liberals
Hegel, On the Reform Bill, 1831: The parliamentary system is the cause of the gap between principles being proclamed and the reality (the widespread poverty in British and Irish society), and the core of this vice can not be eliminated with the enlargement of the right to vote. Parliamentary model seen by Hegel
On the Reform Bill: "The main thing in an election reduces to find voters, bring them to the polls and induce them to vote for their masters, especially with the means of corruption." Hegel on popular vote
Hegel: “Clearly the feeling is that the individual vote is - among the many thousands needed to elect someone - without any real weight. And this - so irrelevant - influence is limited only to people, and is even infinitely more irrelevant for the fact that it does not refer to the matter, which is, indeed, expressly excluded.” Possibility to choose
August Ludwig von Rochau, 1853: The world of politics is "dominated by the law of the strongest in the same way as the world of physics is dominated by the law of gravity." "The law is highly dependent and limited by the extent of power that is available." "In the face of poverty is wealth, as the intelligence is waged by ignorance, prejudice and - in particular - stupidity ." Realpolitik
"Each party finds the true people there where it can find means for its purposes. The militaristic absolutism calles the army the "elite" of the people, the patriarchal regime tends to define the class of backward rural provinces the traditionalist core of people ... The “people” for Rochau
… the bureaucracy sees the real people in the petty bourgeois (middle class) of the city, the liberals grant the role of the real people only to the wealthy and educated and democrats tend to exclude from the people all those who are not associated to the proletarians". Rochau
Rochau: "Self-government, wanted by opponents of monarchical rule, requires a constant effort and a persistent spiritual will, which are alien to the masses". So: "such a theory can not stand the test of reality in the future, as it has not passed the test in the past." Selfgovernment
Constantin Frantz, Our Constitution, 1851: “The introduction of the constitution must lead to the fall of the throne, because this will end up identifying with corruption and demagogy of the Parliament, which will produce the dissolution of the national spirit and social anarchy.” German Bonapartism