Rhonda Evans Case

Re-engineering Legal Opportunity Structures in the European Union? The Starting Line Group and the Politics of the Racial Equality Directive

Using the Racial Equality Directive to test competing explanations concerning the types of actors who seek to liberalize legal opportunity structures, we find that it was pursued by a coalition of societal interests working through European Union institutions that sought reforms intended to facilitate strategic litigation.

Australia: The Politics of Becoming a Republic

In recent years several parliamentary democracies have considered replacing hereditary monarchs—the most visible remnant of the predemocratic era—with popularly chosen presidents and a republican form of government. This democratic reform is not easy to make, however, because it involves combining the well-established sovereignty of parliaments with presidents who may stake their own claim to sovereignty and popular support in clashes with prime ministers and their cabinets. Selecting presidents, limiting their power, and ensuring that they remain above the political fray are tricky matters. There is a risk that constitutional and power balances will be upset. Groups favoring or opposing the adoption of a presidential office often have more sweeping agendas that are not easily compromised. A constitutional referendum on the change confronts voters with complex issues about which they have little knowledge and interest, so that campaigns for and against such a referendum may readily degenerate into crude shouting matches. These difficulties were abundantly evident in the struggle to transform Australia into a republic, which culminated on 6 November 1999 in a constitutional referendum on the adoption of a republican form of government. The proposed change would have replaced the British Queen and her representative, the governor-general, with a president appointed by two-thirds of Australia’s bicameral Commonwealth John Higley holds the Jack S. Blanton Chair in Australian Studies and directs the Edward A. Clark Center for Australian Studies at the University of Texas at Austin. His books include Elites in Australia (1979), Elitism (1980), Elites, Crises and the Origins of Regimes (1998), and Elites after State Socialism (2000). Rhonda Evans Case is a doctoral student in government at the University of Texas at Austin, where she is working on the politics of constitutional change in Australia and other parliamentary democracies.

Constitutional Design of the Executive: Vice Presidencies in Comparative Perspective

Given the history of the institution in the U.S., it is perhaps not surprising that few democracies have adopted a vice presidency. But, why do any countries have vice presidencies? What, if any, functions do they fulfill? In this paper we examine constitutional provisions for vice presidencies in 29 presidential democracies throughout the world. Specifically, we examine the extent to which the office of the vice presidency fulfills three possible institutional purposes: succession, legislative, or executive functions. Almost all vice presidencies included in our analysis fulfill the role of successor in the event of a presidential vacancy. Of those that have additional duties, most are assigned executive functions, while a few are assigned legislative functions. On the whole, the paper provides empirical evidence that vice presidencies seem to be marginal institutions.

Friends or Foes? The Commonwealth and the Human Rights and Equal Opportunity Commission in the Courts

National human rights institutions (NHRIs), quasi-governmental agencies intended to protect human rights, constitute one of the most common institutional innovations advocated by the modern human rights movement. Among other things, they are intended to facilitate government compliance with human rights standards. This article examines the extent to which one particular NHRI, Australias Human Rights and Equal Opportunity Commission (HREOC), has performed this function by using its authority to intervene in litigation that involves claims of unlawful discrimination or human rights violations. Focusing on cases in which both the HREOC and Commonwealth government participated, it shows that the HREOCs rate of intervention has varied relative to the party in power and that the HREOC has experienced limited success in leveraging law and courts as a means of challenging the governments policies.