Charles R. Hankla

Judicial Behavior under Political Constraints: Evidence from the European Court of Justice

The actual impact of judicial decisions often depends on the behavior of executive and legislative bodies that implement the rulings. Consequently, when a court hears a case involving the interests of those controlling the executive and legislative institutions, those interests can threaten to obstruct the courts intended outcome. In this paper, we evaluate whether and to what extent such constraints shape judicial rulings. Specifically, we examine how threats of noncompliance and legislative override influence decisions by the European Court of Justice (ECJ). Based on a statistical analysis of a novel dataset of ECJ rulings, we find that the preferences of member-state governments—whose interests are central to threats of noncompliance and override—have a systematic and substantively important impact on ECJ decisions.

Party Strength and International Trade A Cross-National Analysis

What explains the variation of trade protection across countries and years? The author argues that other things equal, democracies with strong parties will choose freer trade policies. He focuses on two aspects of party strength—organizational centralization and stable party linkages to large groups of the electorate. He contends that legislative logrolls leading to high protection are significantly less likely when parties are centralized. Furthermore, because parties with stable connections to the electorate have longer time horizons, the author argues that they will generally support more open trade policies that provide long-run economic benefits. Finally, he contends that parties linked to large electoral groups—as measured by district size—will prefer public goods such as freer trade over trade patronage. After coding a measure of party centralization developed by Cary and Shugart (1995), the author conducts a quantitative analysis of democracies from 1975-2000. His results support the theory and highlight an understudied institution in trade policy.

Understanding the Role of the European Court of Justice in European Integration

In 2008 we published an article finding evidence for political constraints on European Court of Justice (ECJ) decision making. Stone Sweet and Brunell (this issue) argue that our theoretical foundations are fundamentally flawed and that our empirical evidence supports neofunctionalism over intergovernmentalism “in a landslide.” We respectfully disagree with Stone Sweet and Brunell regarding both their conclusions about our theoretical arguments and what the empirical evidence demonstrates. We use this response to clarify our argument and to draw a clearer contrast between our and their perspective on the role the ECJ plays in European integration. Finally, we reevaluate their neofunctionalist hypotheses. Ultimately, we do not find support in the data for Stone Sweet and Brunells empirical claims.

Decentralisation, Governance and the Structure of Local Political Institutions: Lessons for Reform?

Abstract Many governments are devolving power to elected local councils, hoping to improve service delivery and citizen representation by bringing officials closer to the people. While these decentralisation reforms hold the promise of improved governance, they also present national and sub-national leaders with a complex array of options about how to structure newly empowered local political institutions. This article draws on cross-national experience and the latest research to identify the trade-offs inherent in structuring local political institutions. The studys specific interest is in the impact of strong, locally elected councils on governance and representation. Proceeding from an empirical basis that competitive elections are vital for the legitimacy and efficiency of local political institutions, the analysis first questions the impact of four institutional features – central versus local control, local executive versus local council authority, local council structure, and the role of parties – on service provision and fiscal solvency. The articles second section analyses the impact of decentralisation on political representation, with a particular focus on the role of institutional design in combating the threat of extremist parties. A final section summarises empirical findings and advances some policy-relevant conclusions.

Party Linkages and Economic Policy: An Examination of Indira Gandhi's India

We know from observation that some democracies intervene deeply in their domestic economies while others adopt a more laissez faire approach. Can we explain these differences solely with ideology, or are other political influences also at work? I argue in this paper that elected leaders sometimes opt for hefty economic regulation purely to generate sources of patronage that can be used to maintain their political positions. Leaders are most tempted to take this approach, I contend, when their political parties are not stably linked to sources of electoral support. Unstably linked governing parties will tend to have very short time horizons, focusing on the immediate objective of avoiding massive vote losses in the next election. As a result, they will be less concerned with the potential future damage that a patronage-based policy may inflict on the national economy. I find support for this argument with a close examination of Indian economic policy under Indira Gandhi. Prime Minister Gandhi, I contend, increased the Indian states control over trade, industrial production, and credit allocation just as the Congress Partys linkages to the electorate were destabilizing.

Rethinking the political economy of decentralization: how elections and parties shape the provision of local public goods

Decentralization is among the most important global trends of the new century, yet there is still no consensus on how to design political institutions to realize its benefits. In this paper, we investigate the political conditions under which decentralization will improve the delivery of public goods. We begin by incorporating insights from political science and economics into a rigorous and formal extension of the “decentralization theorem�?. Our extension assumes inter-jurisdictional spillovers and suggests that the interaction of democratic decentralization (popularly elected sub-national governments) and party centralization (the power of national party leaders over subnational office-seekers) will produce the best outcomes for public service delivery. To test this argument empirically, we make use of a new dataset of sub-national political institutions created for this project. Our analyses, which allow us to examine educational outcomes in more than 125 countries across more than 25 years, provide support for our theoretical expectations.

Fragmented Legislatures and the Budget: Analyzing Presidential Democracies

What impact does party fragmentation have on the likelihood of democracies to run a fiscal deficit? Past research is almost unanimous in finding that as the number of parties in a countrys legislature or government grows, so does its probability of overspending. However, this finding is based largely on parliamentary systems, and there is no reason to believe that it should hold when executives are independent. In this article, I develop a theory for the impact of legislative fragmentation on budgetary politics in presidential democracies. I argue that unified presidential systems should tend most toward fiscal solvency but that increasing fragmentation should actually facilitate budget balancing when government is divided. The logic is that presidents, who are likely to prefer balanced budgets due to their broad constituencies, will be better able to craft acceptable governing coalitions from divided legislatures than from ones controlled by a single opposing party. They will also be better able to circumvent such fragmented legislatures should a coalition prove impossible. I test these propositions quantitatively in all presidential democracies from 1976 to 2007. The results provide support for the theory and highlight the contrasting impact of legislative fragmentation on public policy in presidential vs. parliamentary systems.

The Efficiency of Institutions: Political Determinants of Oil Consumption in Democracies

Oil consumption has varied significantly among democracies, but scholars have not systematically studied the political determinants of this variation. We examine the effects of political institutions on a democratic country’s propensity to consume oil. We argue that, other things being equal, more centralized national political institutions facilitate the adoption of policies that lower oil intensity. Our primary focus is on the impact of veto players, but we also consider electoral systems, party organization, and legislative-executive relations separately. We evaluate our hypotheses with a TSCS analysis of all democracies since the first oil shock in 1973 (contingent on data availability), and we make use of an error correction model to separate shortand long-term effects and to correct for the non-stationarity of the dependent variable. We find strong support for the hypothesized link between numerous veto players and slower reductions in oil intensity as well as weaker support for the influence of party decentralization.

Parties and Patronage: An Analysis of Trade and Industrial Policy in India

Charles R. Hankla Assistant Professor Department of Political Science Georgia State University PO Box 4069 Atlanta, Georgia 30302-4069 chankla@gsu.edu Phone: 404-413-6172 Fax: 404-413-6156 Abstract What political factors influence the allocation of economic patronage in democracies? Answering this question is vital to improving our knowledge of how states and markets interact. In this paper, I argue that changing levels of party centralization can drive important changes in the allocation of state largess. When governing parties are centralized, national party leaders will control sources of patronage, targeting benefits to particularly influential regions and industries. By contrast, when governing parties are decentralized, influential sub-national party leaders will advocate for their constituents, allocating patronage evenly through a national logroll. I find evidence for these relationships by comparing India‟s distribution process for industrial licenses and government finance under a decentralized Congress Party (1954-61) to its distribution process under a centralized Congress Party (1969-75).