Experience of discrimination in egalitarian societies : the Sámi and majority populations in Sweden and Norway
2023-08-29, Yasar, Rusen, Bergmann, Fabian, Lloyd-Smith, Anika, Schmid, Sven-Patrick, Holzinger, Katharina, Kupisch, Tanja
The Sámi people stand out as the only Indigenous minority in an egalitarian European context, namely the Nordic Countries. Therefore, inequalities that they may face are worth closer inspection. Drawing on the distinction between inequalities among individuals (vertical) and between groups (horizontal), we investigate how different types of inequalities affect the Sámi today. We formulate a series of hypotheses on how social, economic, cultural, and political inequalities are linked with discrimination experience, and test these with original data from a population survey conducted in northern Norway and northern Sweden simultaneously in 2021. The findings show that Sámi ethnic background increases the probability of experiencing discrimination. While individual-level economic inequality is also pertinent, this does not directly materialise as between-group inequality. Instead, minority language use is a strong predictor of discrimination experience, revealing the socio-cultural nature of ethnic inequalities. Cross-country differences are only reflected in the effect of minority language use.
Explaining the Constitutional Integration and Resurgence of Traditional Political Institutions in Sub-Saharan Africa
2020-04-27, Holzinger, Katharina, Kern, Florian G., Kromrey, Daniela
Social scientists have recently observed a ‘resurgence’ of traditional political institutions on the constitutional level in Sub-Saharan Africa. Yet, the scope and causes of the resurgence remain unclear. We base our analysis on original data on the degree of constitutional integration of traditional institutions and on their constitutional resurgence since 1990 in 45 countries of Sub-Saharan Africa. We test six theoretical explanations for constitutionalization: former colonial rule, democratization, state capacity, economic development, foreign aid and settlement patterns. First, we verify the broad resurgence of traditional political institutions on a constitutional level. Second, our analysis suggests that, particularly in former British colonies, traditional leaders were able to translate the arrangements of British colonial rule as well as the advantages of a country’s deconcentrated settlement pattern into greater constitutional status. Third, settlement patterns proved important for traditional leaders to gain or increase constitutional status – leading to a constitutional resurgence of traditional institutions.
Traditional Political Institutions and Democracy : Reassessing Their Compatibility and Accountability
2019-10, Baldwin, Kate, Holzinger, Katharina
This article revisits prominent frameworks for understanding traditional political institutions which make pessimistic assessments about their compatibility with democracy. Traditional political institutions are often assumed to be unaccountable because they are led by undemocratic leaders who are not subject to electoral sanctioning. However, drawing on new information from the TradGov Group dataset, an expert survey on the contemporary practices of more than 1,400 ethnic groups that currently have traditional political institutions, we show that these institutions contain their own distinct mechanisms of accountability. In a majority of cases, decision-making is consensual and leaders must account for their actions in various ways. We challenge the electoral accountability framework for understanding the quality of traditional leaders’ performance, instead arguing that traditional political institutions can be compatible with democracy and even accountable to their citizens insofar as they adopt inclusive decision-making processes and their leaders have strong nonelectoral connections to the communities they represent.
Constitutional Dynamics in the European Union : Success, Failure, and Stability of Institutional Treaty Revisions
2017-03-28, Dörfler, Thomas, Holzinger, Katharina, Biesenbender, Jan
Despite high institutional hurdles for constitutional change, one observes surprisingly many EU treaty revisions. This article takes up the questions of what determines whether a treaty provision is successfully changed and why provisions are renegotiated at subsequent Intergovernmental Conferences. The article presents an institutionalist theory explaining success and renegotiation and tests the theory using all core institutional provisions by means of Qualitative Comparative Analysis. The causal analysis shows that low conflict potential of an issue is sufficient for successfully changing the treaties. Furthermore, high conflict potential of an issue and its fundamental change are sufficient for it to be renegotiated.
Between cooperation and conflict : tracing the variance in relations of traditional governance institutions and the state in Sub-Saharan Africa
2023, Kern, Florian G., Holzinger, Katharina, Kromrey, Daniela
The relationship between the state and traditional governance institutions (TGI) in contemporary politics has recently received increased scholarly attention. Traditional leaders play important roles in elections, public goods provision or conflict resolution in Sub-Saharan Africa. We analyse under what conditions cooperation or conflict emerge between the state and TGI. We contribute to the understanding of state-traditional relations by studying how governments interact simultaneously with varying TGI of different ethnic groups. We compare state-TGI relations for eight traditional polities in Kenya, Namibia, Tanzania, and Uganda, based on extensive fieldwork and interviews with state and traditional authorities, experts and constituents. We study three factors shaping state relations with different TGI: (1) the significance of TGI – both social and organisational – in each country and ethnic group; (2) the institutional similarity of TGI and state; and (3) the integration of TGI – both legal and political. Our analysis shows TGI with social significance and functional organisations challenge the state more frequently. Constitutional ambiguity fosters conflict between TGI and state. For our cases, relations are less conflictive in countries with more democratic governments. The same governments and TGI often simultaneously engage in cooperative and conflictive relations, highlighting that governments rarely pursue uniform policies with all TGI.
Why differentiated integration is such a common practice in Europe : A rational explanation
2019-11-13, Holzinger, Katharina, Tosun, Jale
With Brexit imminent, the debate on the need for differentiated integration (DI) by means of opting-out has gained new momentum. At the same time, non-member states decide to adopt European Union (EU) rules as exemplified by the European Neighbourhood Policy. In light of these opposing observations, we examine the EU’s disposition to supply DI. We outline the strategic interactions of the EU member states or non-members in the context of two forms of DI: opting-out and inducing-in. In the case of opting-out, EU member states can refrain from adopting EU rules; inducing-in refers to providing non-member states with incentives to adopt EU rules. We show that the information asymmetries inherent to the strategic interactions result in a situation in which the EU is likely to supply opportunities to opt-out for member states to a much greater extent than necessary. Furthermore, the EU is likely to offer more compensation to non-member states in exchange for adopting EU rules than it would actually need to.
The Evolution of Legislative Power-Sharing in the EU Multilevel System
2019-02-02, Holzinger, Katharina, Biesenbender, Jan
While governance in multilevel systems involves many processes, legislation at the upper jurisdictional level is at its core. The lower levels of jurisdiction are represented at the upper level through a second legislative chamber. The exact competences of the second versus the first chamber are indicative of the degree of integration of a multilevel system. This chapter explores the evolution of the relationship of the two chambers in the European Union: the Council of Ministers and the European Parliament. The authors develop an empirical approach to evaluate the gradual change of their relative legislative influence. The Consultation, Cooperation and Codecision II procedures are analysed for the period from 1976–2009, covering the most important changes. Parliament has clearly gained influence on legislation through Cooperation and, most prominently, Codecision II. Whereas a unanimous Council could mostly have its will in Consultation, Parliament and Council are on equal footing in Codecision II.
The political economy of differentiated integration : The case of common agricultural policy
2020-07, Malang, Thomas, Holzinger, Katharina
The past and arguably the future of the European Union (EU) are characterized by Differentiated Integration (DI). Whereas a number of studies examine country variance in the realization of DI due to state-level characteristics, scholars have rarely addressed sector-specific differentiation. We select Common Agricultural Policy (CAP) for such an analysis – the policy domain with the largest budget, most contestation in the Council of Ministers, most redistribution, and most differentiated legal acts. Building on liberal intergovernmentalism, we develop a demand and supply model to explain the number of opt-outs a country realizes in CAP legislation. We hypothesize that the member states’ demand for differentiation is driven by agricultural lobbyism and by the political receptiveness of governments; the supply-side is driven by member states’ voting or bargaining power; and the realized differentiations are a consequence of the interaction of demand and supply. Using all differentiations in new CAP legal acts from 1993 to 2012, we test these hypotheses in a time-series cross-section design. We find that the domestic level of agricultural protectionism, conservative parties in government and voting power are robust predictors of the realization of differentiation in CAP. Our results support the general claim of liberal intergovernmentalism, that domestic societal and economic interests and political bargaining power shape the course of (differentiated) integration.
The Constitutionalization of Indigenous Group Rights, Traditional Political Institutions, and Customary Law
2019-10, Holzinger, Katharina, Haer, Roos, Bayer, Axel, Behr, Daniela M., Neupert-Wentz, Clara
Many constitutions of the world contain special provisions for indigenous communities, granting them particular rights and regulating their traditional political institutions and customary law. Building on rational theories of constitution-making, we employ a demand and supply framework to explain the constitutionalization of such provisions. To test our hypotheses, we code the presence of indigenous provisions in the current constitutions of 193 United Nations member states. We find full democracy and previous conflict to stimulate the inclusion of indigenous group rights but not of customary law and traditional institutions. Customary law and traditional institutions are more likely constitutionalized in countries with high ethnic fractionalization. Low levels of modernity affect particularly the constitutionalization of traditional political institutions, while low levels of development correlate with provisions on customary law. Former British colonies are more likely to constitutionalize customary law.