bluuebunny/crossref_metadata_2025_split huggingface dataset:
Setting European Standards: Politics, Rules, and Norms
Authors: Egan Michelle P. 
Published: October 2003

Abstract
Provides a detailed overview of the setting of European standards, focusing on the histories, organizational structures, and operating environments of the private standards‐setting bodies that have been given an increased role in negotiating rules for the single market. An analysis of these bodies (CEN, CENELEC, and ETSI) provides an important assessment of the new institutional framework created to govern markets. Given the importance of this new approach, this chapter provides an in‐depth insight into the reorganization of responsibilities and roles of the various public and private actors in managing regulatory policy in the single market. The standards‐setting process is complex, and the organizational culture and operating norms of the standards bodies are reviewed to illustrate the dynamics of cooperation and the cooperation required to reach a coordinated solution. Dealing with collective action problems due to differing interests and regulatory traditions, the chapter demonstrates the importance of problem solving, alliance formation, and strategic bargaining as well as the role of mutual trust, credibility, and reputation in achieving some form of agreement on European standards.
Market Management: Assessing and Evaluating the Standards Process
Authors: Egan Michelle P. 
Published: October 2003

Abstract
Focuses on the shortcomings of the new approach to market integration, and the reform efforts to make the single market a finished reality. Highlighting both recent EU proposals for further regulatory reform and industry reactions to them, the chapter provides key insights into the complex and contested nature of market integration. The chapter focuses on the challenges governing the market, not only in terms of legislative and institutional design but also its implementation and evaluation. The problems that remain indicate that the effectiveness and efficiency of the regulatory strategy to address trade barriers, by using both the public and private sector to set down the rules for market access, has undermined the completion of the single market. Market management and regulatory reform have increased in importance in an effort to address the political commitment to the single market, and growing concerns about the efficiency and efficacy of the efforts to reconcile regulation and free trade among divergent national economies.
Strategic Firms in an Integrated Market
Authors: Egan Michelle P. 
Published: October 2003

Abstract
Focuses on the impact of market integration upon corporate policies and strategies, an issue that has not been adequately addressed in the single market literature. Companies must adjust their strategies in response to regulatory changes, and the perceived impact of efforts to promote European standardization is analysed through survey research. The chapter concludes that a number of problems remain in addressing trade barriers and improving market access in Europe, but these problems are not always regulatory issues but instead reflect market behaviour and industry practice. The policies undertaken by the European Union have also impacted companies beyond the boundaries of the single market, and thus third country efforts have focused on ensuring non‐discrimination for companies outside Europe. Corporate responses—particularly from American firms—to changes in the European business and regulatory environment have resulted in increased efforts to seek greater access, promote their influence, and avoid extensive adaptation. The European single market and its emerging regulatory regime are clearly shaping firm policies, perceptions, and strategies at the national, regional, and international level.
Conclusion: Governance and Market‐Building
Authors: Egan Michelle P. 
Published: October 2003

Abstract
The conclusion summarizes the difficulties of achieving some form of accommodation between the interests of government, business, and society in constructing a single integrated market. The politics of market building is often a contentious process about the best ways to reconcile regulation and free trade. This involves not only the allocation of authority between different levels of government but also an acknowledgement that the corporate strategies are a major determinant of the nature and direction of European market integration. Using private actors for public purposes, the EU has delegated certain regulatory functions to European standards bodies as a substitute for direct government action. Comparisons with the construction of the American single market reveal a counterpart in the European Union, as both legal and regulatory intervention have been crucial in removing persistent obstacles to trade, and institutional arrangements have involved the strategic use of the private sector to integrate ‘uncommon’ markets.
Institutional Engineering and Transition to Democracy
Authors: von Beyme Klaus 
Published: October 2003

AbstractBegins by pointing out that the concept of institutional engineering was not invented for the latest wave of transitions from dictatorship to democracy, but rather created for evaluating a democratic country at a time when it was in crisis. In Eastern Europe, a peculiar constellation of old and new elites led the way through the process of compromise between old and new forces and old and new institutions. Voters’ increased fickleness and a weaker party system left more room for manoeuver to institutional engineers. This chapter describes and analyses four models of institutional engineering: constitutional engineering; semi‐presidential systems; electoral laws; and decision‐making by plebiscite. These models are then compared with the paths of transition of selected Eastern European countries and contrasted with countries from Western Europe.
Constitutions and Constitution‐Building: A Comparative Perspective
Authors: Elgie Robert , Zielonka Jan 
Published: October 2003

AbstractExamines the nature of constitutions and the constitution‐building process, focusing on some of the most important choices that constitution builders face. The chapter is divided into four main sections. The first section explores the complex relationship between democracy and constitutionalism. The second section identifies two major constitutional types and considers whether or not constitution builders should adopt a codified constitution. The third section addresses a timetable for constitution‐building and the execution of political power, including the limits imposed on democratically elected parliaments and referenda as a legitimizing strategy. The fourth section discusses the product of constitution‐building and the responsibilities of the framers.
Constitutional Design and Problems of Implementation in Southern and Eastern Europe
Authors: Morlino Leonardo 
Published: October 2003

AbstractIn this chapter, Leonardo Morlino presents an analytical framework for studying the implementation of constitutional norms. The aim of the first section is to isolate the guiding concepts for analysing constitutional design and its implementation. The second section explores the main aspects of constitutional design and the problems related to implementation in Southern Europe. The third section presents the constitutional designs of selected Eastern European countries and identifies certain implementation problems they faced. Some tentative conclusions are drawn from the empirical evidence presented in the first two sections with reference to the patterns of constitutional design implementation.
Estonia: Positive and Negative Institutional Engineering
Authors: Pettai Vello 
Published: October 2003

AbstractOutlines Estonia's path to a new constitution along with an assessment of the new institutions in place since 1992. Because of constant political conflict, Pettai argues that the constitution‐making process was essential for creating the basis for conflict resolution and democratic consolidation. The chapter describes how Estonian leaders grappled with important aspects of their new democracy, including fundamental rights and duties, social welfare rights, judicial and constitutional review, the relationship between the president and the parliament, local government, minorities, and non‐citizens. Special attention is paid to the presidentialism versus parliamentarism debate. The author argues that institutional engineering enabled Estonia's leaders to secure its statehood and contributed to its economic development, European integration, and social progress.
Rebuilding Democracy in Latvia: Overcoming a Dual Legacy
Authors: Sprudzs Adolf 
Published: October 2003

AbstractEmphasizes the difficult process of constitutional engineering in Latvia. The author argues that these difficulties stem from two historical legacies: the inter‐war independence period and the Soviet occupation. The quick re‐adoption of the 1922 Latvian constitution after the country's leaders declared independence from the USSR, paradoxically exacerbated the process of institutional engineering and ultimately slowed the pace of democratic consolidation. The chapter indicates several important gaps in the inter‐war constitution, e.g. the absence of basic rights or the provisions for local government administration. Despite the difficulties presented by the 1922 Constitution, the author argues that the high legitimacy achieved through its re‐adoption kept Latvia on the democracy‐building track. Finally, several positive and negative lessons learned from the Latvian transition period are presented.
Institutional Engineering in Lithuania: Stability through Compromise
Authors: Gelazis Nida 
Published: October 2003

AbstractDescribes the process of adopting a new constitution in post‐communist Lithuania. The reasoning behind the quick adoption of a constitution was the urgent need to create links to Western constitutional traditions, to legitimize the country's independence from the USSR, and to distinguish Lithuania from other Soviet satellite states. The Constitution was intended to contribute to the perception of Lithuania as an independent state in the international community, in the hope of securing itself from possible re‐annexation to the Soviet Union. Furthermore, the chapter points out that despite its quick adoption, the constitution includes important safeguards for democracy, such as the balance of powers and basic rights.
Bulgaria: The (Ir)Relevance of Post‐communist Constitutionalism
Authors: Ganev Venelin I. 
Published: October 2003

AbstractArgues that institutional engineering in Bulgaria reflects the enduring legacies of communism, such as inability to solve social problems or to improve the level of economic prosperity. Using Bulgaria as an example, the author delineates the limits of constitutionalism as a tool in the process of democratic consolidation. The chapter views institutional engineering in Bulgaria as a multifaceted social project and suggests a more subtle analysis of the peculiar ways in which a post‐communist context tolerates both elite constraints and elite irresponsibility, the institutionalization of governance, and the endurance of corruption.
Constitutionalism as a Vehicle for Democratic Consolidation in Romania
Authors: Weber Renate 
Published: October 2003

Abstract
Describes how constitutionalism contributed to the democratic consolidation in post‐communist Romania. The author emphasizes the fact that Romania could hardly be described as having a constitutional tradition, since none of the previous regimes developed a tradition of observing their constitutions. Therefore, it may seem questionable whether the post‐communist constitution could have a significant impact on democratic consolidation in Romania. Nevertheless, in 1990, the constitutionalization process was the main focus of the new political elite. This chapter describes what kind of political reforms have been adopted in order to improve the constitution and avoid problems resulting from its ambiguity. It shows how the weaknesses of the current Constitution have paradoxically played an important role in bolstering Romanian civil society. The author prescribes several constitutional amendments that could transform the Romanian Constitution into a viable basis for democracy in the country.
Ukraine: Tormented Constitution‐Making
Authors: Wolczuk Kataryna 
Published: October 2003

Abstract
Describes Ukraine's protracted and discontinued constitution‐making process. Wolczuk explains that the Ukrainian leaders’ initial decision to preserve the Constitution was due to the broad range of contentious issues, going far beyond institutional choices and involving issues of nationhood and territorial integrity. The sheer range of contested issues and the degree of disagreement account for the ad hoc manner in which the final institutional choices were constitutionalized. The chapter analyses the impact of the new constitution on the function of the political system. The result was that institutional rivalry between the parliament and the president continued. Thus, while the passage of the 1996 constitution was a pivotal state‐building document, it failed to bring about political stability.
Power Imbalance and Institutional Interests in Russian Constitutional Engineering
Authors: Gadzhiev Gadis 
Published: October 2003

AbstractDescribes Russia as an incomplete democracy, in which a compromise regarding constitutional engineering was never reached and important decisions regarding power‐sharing were postponed, ultimately leading to the institutionalization of a super‐presidential regime created through brute force. The chapter emphasizes that Russia was the only post‐communist country that experienced a military intervention after democratic elections had taken place. The first part of the chapter focuses on how the process of amending the 1978 Russian Constitution deteriorated into a power struggle between the parliament and the president and describes the institutional structure that resulted from this contentious process. Finally, the chapter demonstrates how the Russian Constitution, which set clear rules for the institutional game but without respect for the division of power principle, has contributed to state weakness. It is emphasized that by concentrating power in the presidency, the executive has become overburdened and the state ineffective.
Constitutionalism in Belarus: A False Start
Authors: Lukashuk Alexander 
Published: October 2003

AbstractDescribes the failure of the constitution‐drafting process to contribute to democratic consolidation in Belarus. Today, Belarus is considered the worst authoritarian regime in Eastern Europe. The chapter characterizes the Constitution of Belarus as an occasionally used tool for manipulation by the country's autocratic president. While the president considers the Constitution he drafted to be the sole foundation of law in the country, the democratic opposition considers it illegal and illegitimate. Nevertheless, as the focal point of the struggle between President Lukashenka and the democratic opposition, the significance of the Constitution remains strong. The chapter emphasizes how certain choices and omissions in the constitution‐drafting process laid the foundation for the current undemocratic regime. The chapter indicates reasons behind the failure of constitutionalism in Belarus, such as a weak national identity, the absence of economic reforms during the first five years of independence, the state monopoly of the electronic media, and Russia's strong economic and political support of the Belarus's authoritarian leader.
The Czech Republic: From the Burden of the Old Federal Constitution to the Constitutional Horse Trading Among Political Parties
Authors: Kopecký Petr 
Published: October 2003

AbstractDescribes the transition of the Czech Republic from the federal Constitution of Czechoslovakia to the adoption of a new Constitution of the Czech Republic. The Czech Constitution is widely accepted to be a solid foundation for the country's democratic political system. The chapter focuses on the impact of historical legacies and shows how the nature of bargaining becomes more predictable when the domestic political actors involved in constitution‐drafting provide a stable set of opinions and motivations from which a compromise can be forged. In order to demonstrate this point, the chapter is divided into three parts. The first examines the key elements of the constitution‐making process in the Czechoslovak Federation between 1989 and 1992. It explains the crucial constitutional decisions made during Roundtable Talks and how this particular legacy, combined with the volatile nature of transition politics, resulted in Czechoslovakia's Velvet Divorce. The second part concentrates on the process of drafting the new Constitution of the Czech Republic at the end of 1992. Finally, Kopecky discusses the effects of the Constitution on the democratic Czech Republic.
Slovakia: From the Ambiguous Constitution to the Dominance of Informal Rules
Authors: Malová Darina 
Published: October 2003

AbstractDescribes the reasons behind the hastily drafted Constitution of Slovakia and explains why it proved insufficient to provide guidance to political leaders and to foster the consolidation of democracy. The main argument of this chapter is that the preponderance of informal rules has impeded the institutionalization of formal rules and undermined the constitutional government. The chapter focuses on the factors that have contributed to the dominance of informal rules and pushed actors to turn to unconstitutional alternatives. Slovakia's institutional developments are explored in four parts. The first part reviews institutional traditions and the constitution‐making process. The second part examines the electoral system and its impact on the party system and the composition of political power. The third part examines the substance of the Constitution, particularly, the unclear articles regarding the separation of powers, which have led to institutional conflicts. The last section analyses the durability of the constitution and attempts made by political actors to balance power through institutional engineering.
Slovenia: From Elite Consensus to Democratic Consolidation
Authors: Cerar Milo 
Published: October 2003

AbstractDescribes how the Slovenian transition from communism to democratic consolidation influenced the institutional engineering in Slovenia. Since there was no real tradition of statehood or experience with state‐building in Slovenia, the establishment of a new constitutional structure after its break from Yugoslavia was immensely important both as a foundation for the new political and economic system and as the country's calling card for entry into the international community. The chapter indicates the positive and negative aspects of institutional engineering in Slovenia. Although Slovenian political elites arrived at a consensus on almost all of the pressing issues involved in democracy‐ and state‐building quickly, the result of the quick adoption of the Constitution left important issues unresolved, and ultimately hampered the legislative process. Despite the political turbulence that continues to dominate Slovene politics, democratic consolidation in Slovenia can be regarded as largely achieved.
Hungary's Pliable Constitution
Authors: Szikinger Istvan 
Published: October 2003

AbstractDescribes the process of institutional engineering and the consequences of the absence of a new constitution in Hungary. As a result of the amendments passed by the outgoing communist parliament following the decisions made at the Roundtable Talks, Hungary has a formally old but substantively new constitution. This evolutionary approach has been warped by the formation of a parliamentary super‐majority that can easily amend the Constitution further in order to suit its political goals. The chapter points out the shortcomings of the Hungarian Constitution, such as the lack of protection from majority tyranny and no real progress in the field of human rights protection. The chapter also emphasizes problems in the political environment in Hungary and how it affects the chances for success in adopting a formally new Constitution. Political parties in Hungary are unable to integrate, or even to convey and express the legitimate interests of non‐partisan organizations, movements, and groups.
Legitimacy: The Price of a Delayed Constitution in Poland
Authors: Wyrzykowski Mirosław 
Published: October 2003

AbstractDescribes the constitution‐making process in Poland. The main feature of this process was the ability to reach a compromise in a conflict‐prone political setting. The chapter analyses major stages of the process of democratic consolidation and the constitutionalization, and examines issues such as legitimacy, balance of power, and the role of the state. The first significant breakthrough in the process was the interim constitution of 1992. The chapter emphasizes its importance in the process of institutional engineering despite its numerous shortcomings. The chapter also points out that the adoption of the Polish Constitution by referendum did not resolve the debate on legitimacy. Finally, it shows that despite the contentious adoption of the Constitution, it has had a stabilizing effect on Polish democracy. Overall, the Polish Constitution is described as a constitution of compromise and of political pragmatism.
Conclusions: On the Relevance of Institutions and the Centrality of Constitutions in Post‐Communist Transitions
Authors: Sadurski Wojciech 
Published: October 2003

AbstractThe concluding chapter concentrates on the importance of institutions in the democratic consolidation of post‐communist Eastern Europe. The chapter is divided into four parts that address issues concerning the importance of institutions in this process. The first section describes the ways in which institutions can affect political life by changing the pattern of incentives for particular behaviour by political actors. The second part shows how constitutions influence national identity by defining state citizenship. The third section refers to the activity of constitution‐making and how this process has taken place in Eastern Europe. The fourth part discusses how constitutions in Eastern Europe are transforming the way political demands, claims, and arguments are made by political actors.
Northern Ireland: Consociation or Social Transformation?*
Authors: Taylor Rupert 
Published: October 2003

Abstract
Taylor delivers a sustained critique of the consociational institutions in Northern Ireland's Agreement from an integrationist (social transformationist) perspective. He argues that a stable peace requires the rejection of the top‐down approach taken in the Agreement and, instead, the construction from the bottom‐up of a common society through integrated schools, residences, and workplaces, and through the organization of groups in civil society that are dedicated to eroding ethno‐national divisions. He favours a ‘non‐sectarian democratic society in a united ‘New Ireland’.
Comparative Political Science and the British–Irish Agreement
Authors: O'Leary Brendan 
Published: October 2003

Abstract
The chapter defends the Northern Ireland Agreement's consociational institutions. It notes that the Agreement also contains federal and confederal institutions covering all of Ireland and linking Ireland with Britain, and argues that both the internal and external dimensions were necessary parts of a durable settlement given the identities and aspirations of nationalists and unionists. The chapter stresses, in contrast to positions taken by Arend Lijphart and Donald Horowitz, the advantages of the particular proportional electoral system used in Northern Ireland. It also points to the dangers that Britain's tradition of parliamentary sovereignty poses to stable agreements between Britain and Ireland. Northern Ireland, the author argues, could and should have become a federacy as well as having consociational governance.