The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.
Legislative debates make democracy and representation work. Political actors engage in legislative debates to make their voice heard to voters. Parties use debates to shore up their brand. This book makes the most comprehensive study of legislative debates thus far, looking at the politics of legislative debates in 33 liberal democracies in Europe, North America and Latin America, Africa, Asia, and Oceania. The book begins with theoretical chapters focused on the key concepts in the study of legislative debates. Michael Laver, Slapin and Proksch, and Taylor examine the politics of legislative debates in parliamentary and presidential democracies. Subsequently, Goplerud makes a critical review of the methodological challenges in the study of legislative debates. Schwalbach and Rauh further discuss the difficulties in the comparative empirical study of debates. Country-chapters offer a wealth of original material organized around structured sections. Each chapter begins with a details discussion of the institutional design, focusing on the electoral system, legislative organization, and party parties, to which a section on the formal and informal rules of legislative debates ensues. Next, each country chapter focuses on analyzing the determinants of floor access, with a particular emphasis on the role of gender, seniority, legislative party positions, among others. In the concluding chapter, the editors explore comparative patterns and point out to multiple research avenues opened by this edited volume. The Oxford Politics of Institutions series is designed to provide in-depth coverage of research on a specific political institution. Each volume includes a mix of theoretical contributions, state-of-the-art research review chapters, comparative empirical chapters, country case study chapters, and chapters aimed at practitioners. Typically, the majority of chapters in each volume comprises of country studies written by country experts. Volumes in the series are aimed at political scientists, students in political science programmes, social scientists more generally, and policy practitioners. Series editors: Shane Martin, Anthony King Chair in Comparative Government and Head of the Department of Government, University of Essex; and Sona N. Golder, Professor of Politics, Department of Political Science, Pennsylvania State University.
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Politicians and pundits alike have complained that the divided governments of the last decades have led to legislative gridlock. Not so, argues Keith Krehbiel, who advances the provocative theory that divided government actually has little effect on legislative productivity. Gridlock is in fact the order of the day, occurring even when the same party controls the legislative and executive branches. Meticulously researched and anchored to real politics, Krehbiel argues that the pivotal vote on a piece of legislation is not the one that gives a bill a simple majority, but the vote that allows its supporters to override a possible presidential veto or to put a halt to a filibuster. This theory of pivots also explains why, when bills are passed, winning coalitions usually are bipartisan and supermajority sized. Offering an incisive account of when gridlock is overcome and showing that political parties are less important in legislative-executive politics than previously thought, Pivotal Politics remakes our understanding of American lawmaking.
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Once elected, members of Congress face difficult decisions about how to allocate their time and effort. On which issues should they focus? What is the right balance between working in one’s district and on Capitol Hill? How much should they engage with the media to cultivate a national reputation? William Bernhard and Tracy Sulkin argue that these decisions and others define a “legislative style” that aligns with a legislator’s ambitions, experiences, and personal inclinations, as well as any significant electoral and institutional constraints. Bernhard and Sulkin have developed a systematic approach for looking at legislative style through a variety of criteria, including the number of the bills passed, number of speeches given, amount of money raised, and the percentage of time a legislator voted in line with his or her party. Applying this to ten congresses, representing twenty years of congressional data, from 1989 to 2009, they reveal that legislators’ activity falls within five predictable styles. These styles remain relatively consistent throughout legislators’ time in office, though a legislator’s style can change as career goals evolve, as well as with changes to individual or larger political interests, as in redistricting or a majority shift. Offering insight into a number of enduring questions in legislative politics, Legislative Style is a rich and nuanced account of legislators’ activity on Capitol Hill.
For three years while serving as a senior adviser to Rep. Henry A. Waxman (D-CA), chairman of the House Committee on Energy and Commerce—one of the most powerful committees in Congress—Bruce C. Wolpe kept a diary, a senior staffer’s look at how committees develop and promote legislation. With its insider’s view of the rough-and-tumble politics of cap-and-trade, healthcare reform, tobacco, oversight, and the debt ceiling agreement, The Committee uniquely melds the art of politics and policymaking with the theory and literature of political science. The authors engage with the important questions that political science asks about committee power, partisanship, and the strategies used to build winning policy coalitions both in the Committee and on the floor of the House. In this new edition, the authors revisit the relationship between the executive and Congress in the wake of the sweeping changes wrought by the Trump administration, as well as thoughts about how that relationship will change again as President Biden faces a 117th Congress that is strikingly similar to Obama’s 111th. The insider politics and strategies about moving legislation in Congress, from internal and external coalition building to a chairman’s role in framing policy narratives, will captivate both novice and die-hard readers of politics.
