The ALBA constitutional project and political representation

Reviewed by: Seeking Rights from the Left: Gender, Sexuality, and the Latin American Pink Tide ed. by Elisabeth Jay Friedman Juliana Restrepo Sanín Seeking Rights from the Left: Gender, Sexuality, and the Latin American Pink Tide. By Elisabeth Jay Friedman (ed). Durham: Duke University Press, 2019, p. 344, $29.95. Latin America has made significant gains in the legal protection of women's and sexual minorities' rights, including comprehensive laws against gender-based violence, political participation, and some legal protections for LGBT+ folks. These advancements are somewhat recent, coinciding with the so-called Left Turn that started with the election of Hugo Chávez en Venezuela in 1998. The increased legal recognition of women and LGBT+ rights is sometimes lauded as an achievement of the Pink Tide. However, as Elisabeth Jay Friedman and the contributors to Seeking Rights From the Left: Gender, Sexuality, and the Latin American Pink Tide make clear, the relationship between progressive gender and sexuality policies and the Left is not as clear and straightforward as some suggests. Friedman's book offers a more nuanced comparative perspective building on Mala Htun's (2003) and Htun and S. Laurel Weldon's (2010) framework for analyzing gender and sexuality policies. Seeking Rights from The Left shows that, despite advancements, Left-wing governments in Latin America "relied on heteropatriarchal relations of power" and engaged in "strategic trade-offs among gender and sexual rights" (p. 3), promoting maternalist and familist policies instead of transformative policies to achieve gender and sexuality justice. The contributors evaluate the Left's policies in diverse areas, including welfare, redistribution, and poverty; political representation; violence against women; and bodily autonomy and reproductive rights. Importantly, the book finds that there were important advancements in regards to poverty alleviation and women's political participation. Despite the significant increase in women's political participation, which surpassed 25% regionally, and in some countries reached 50% in national legislatures, Left governments frequently engaged in "Pinkwashing:" advancing (some) LGBT+ and women's rights to obscure blatant and broader violations of human rights – including those of women and LGBT+ folks. In addition, policies and perspective that challenge heterosexual and cisgender men's privilege –what Friedman calls 'countercultural' policies – not only did not significantly advance during the left turn but in some cases were reversed. What explains these variations? Seeking Rights from the Left finds that state institutionalization and alliances between the left and religious forces are key determinants in the types of gender and sexuality policies that governments adopt. But good will and strong institutions are not enough. Rather, the strength of women's, feminist, and LGBT+ movements, and their ability to make alliances among themselves and with state actors in women's policy agencies and anti-discrimination institutions are key for advancing the policies with the [End Page 243] most potential to undermine heteropatriarchy. Importantly, Seeking Rights from the Left shows that improvements in the descriptive representation – that is, increased numbers of women in politics – are not an indicator of a country's move toward significant and transformative policy changes in support of women and LGBT+ rights. Despite these limitations, there were some important transformations promoted by some of the governments of the Pink Tide. In the recognition and protection of women's and LGBT+ rights, Uruguay stands out as the country with the most significant progress. Despite few women in Congress, feminist and LGBT+ activists used a variety of mobilizational strategies and built alliances to secure protections for some rights, including abortion, affirmative action for trans folks, and marriage equality. Even in this more welcoming context, poverty-relief and social welfare policies still relied and entrenched traditional gender roles. The limits of the left turn are even more evident when looking at the most radical governments: Venezuela, Nicaragua, Ecuador, and Bolivia. Although all these countries made important advancements in reducing poverty and inequality, progress relied on the instrumentalization of women's organizations and the reproduction of maternalist and heteronormative views of the state and the family. In the two most extreme cases, Nicaragua and Ecuador, the Left turn not only failed to transform gender relations, but significantly reversed women's rights – despite international praise for (very limited) advancements in the protection...

This note examines the UK Supreme Court's judgment in the Brexit case, Miller v Secretary of State for Exiting the European Union. The case upheld the decision of the High Court, which rejected the claim that the foreign affairs prerogative provided a legal basis for giving notice to EU institutions of the UK's intention to withdraw from the EU. But the Supreme Court's preferred basis for dismissing that claim rested on the more general proposition that significant constitutional change can only be effected by statute. This position offers the germs of a jurisprudence of constitutional change and was substantiated by means of an analysis of Parliament's dual capacity as legislator and constituent agent. Miller also includes important and potentially innovative dicta on the relationship between international and domestic sources of law.

This paper focuses on question why is descriptive (or numerical) representation of women as local political leaders higher in some cities than in others? The paper focuses on the analysis of the determinants of women’s political representation on city boards of the Czech statutory cities after the last local elections of 2014. We test some hypothesis, concerning two groups of factors that can potentially affect the success of women (socioeconomic and demographic, and political contextual), thus aiming to expand theoretical and empirical research which is in the case of determinants of women’s representation at the local level underdeveloped. Overall, the analysis reveals that regression models explaining presence of women on the city boards were not generally too successful, with slightly better performance of the model using socioeconomic and demographic factors. Specifically, Moravia and municipality size proved as very strong predictors of presence of women on the city boards in negative, or positive direction, respectively (although in full model municipality size variable lost its significance), supplementing by the proportion of female councillors in same elections, which increased successfulness of women as well. In contrast, the share of women in local councils and on city boards in the previous electoral term was not proven as statistical significant, similarly as party affiliations’ of city boards.

Chapters 4 and 5 address the obstacles to achieve effective political participation for all women in Latin America—a necessary step to implementing meaningful gender equality, by looking at the experience of Mexico and Bolivia. This chapter addresses the remaining challenges women face in countries where formal gender parity in political representation has been attained at the national, and sometimes even at the local, level, focusing on the Mexican case, where despite an increase in female members of parliament in the 2018 elections (in which the lower legislative chamber consisted of 49.2% women and 51% in the higher chamber, respectively), political violence and harassment on the basis of sex continues to occur at all levels of power. The subsequent chapter (Chap. 5) continues to analyze the Mexican situation, where in spite of the parity in political representation mentioned above, ethnicity and poverty are formidable obstacles for Indigenous women to be taken seriously and respected even if they become elected. Chapter 4 presents as well the case of Bolivia where gender parity in political representation was attained in 2014 before than in Mexico. Given the fact that part of the legitimacy of the Morales government was a revaluation of the Indigenous cultures, many more Indigenous women than in Mexico, became elected at the national and local levels. However, as in Mexico, many of these elected women (Indigenous and non-Indigenous) had to confront serious challenges to the exercise of their office in the form of harassment and even political violence. Both chapters arrive at the conclusion that gender parity in political representation is only the first step in the strive to attain a real gender equality at all levels in our societies. This gender equality is not only about joining the already existent political institutions but about transforming them.

Political representation is the cornerstone of democratic political systems, in which people choose their representatives through free and fair elections. This subject has been studied from different perspectives in existing research, which highlights the complexity of representation and the contentious nature of debates about its meaning. Most previous research, however, has focused on two main dimensions of representation. The first, substantive representation, refers to the degree to which representatives share the policy preferences of their constituents, and whether they translate such preferences into concrete actions and policies. Scholars who study substantive representation usually leverage various quantitative methods to study attitudinal congruence between political elites and ordinary citizens, and often highlight the importance of such patterns for democratic legitimacy. The second common understanding of representation is that of descriptive representation, which focuses on the degree to which political elites mirror the diversity of the population they represent in terms of demographic factors such as gender, ethnicity, and social class. For most scholars who analyze representation from this perspective, an especially important focus is to identify and explain inequalities of representation, as most political systems show substantial levels of underrepresentation of groups such as women, citizens from lower social classes, and ethnic minorities. While most existing research on substantive and descriptive representation is based on cases from Europe and North America, increasingly more studies have analyzed East and Southeast Asia (ESEA) from these perspectives. When assessed comparatively, substantive representation in ESEA presents some commonalities with other non-Western political settings, such as the prevalence of clientelistic linkages in many countries and the fact that partisan and ideological divisions on economic policy are generally muted. This is because of authoritarian legacies that have severely repressed mobilization by leftist parties and trade unions, thereby preventing the emergence of demands for economic redistribution. Descriptive representation too, despite some important variation across countries, shows stark inequalities observed elsewhere, as groups such as women, ethnic minorities, and citizens of lower economic classes are dramatically underrepresented in most contexts. At the same time, however, representation in ESEA presents important specificities. First, geopolitics has played a crucial role in shaping substantive representation in the region, where the political landscape is often characterized by contestation over the nature of the state and the definition of nationhood. Cold War legacies still loom large in South Korea and Taiwan, and foreign policy issues related to increased great power competition are becoming more salient in Japan and in the countries of Southeast Asia. Second, the meaning of concepts such as “democracy,” “representation,” and “left versus right” have assumed different meanings for ordinary citizens and political elites in ESEA compared with their Western counterparts. This suggests that applying concepts and theoretical expectations derived from Western experiences requires caution, and an approach prioritizing nuance and context awareness is paramount.

Within the field of Canadian politics, intense debate over the constitution is a central and abiding concern. Given the failure of the Meech Lake and Charlottetown Accords, it is suitable to reflect on Canada--and especially Quebec--as a political entity in the greater setting of North America. The passage of the North American Free Trade Agreement (NAFTA), which creates economic alternatives for Quebec, (1) makes this an especially appropriate time to examine the prospects for significant (or macro) constitutional change. (2) Neither executive federalism nor popular referenda have succeeded in producing lasting agreement on basic principles of government between Quebec and the Rest of Canada (ROC). After the intense conflict over the Charlottetown referendum, while much of Canada retreated into constitutional hibernation, Quebeckers, possibly buoyed by anticipated passage of the NAFTA, boldly elected fifty-four members of the independantiste Bloc Quebecois (BQ) in the federal election of 1993, and a separatist Parti Quebecois (PQ) government in the provincial election of the following year. Given the passage of the NAFTA and the political uncertainty that still exists in post-referendum Quebec and Canada, constitutional issues promise to attain even greater centrality. Thus, the time is right for appraisal of constitutional problems and prospects within a new theoretical frame of reference. After all, one of the few apparent points of agreement about previous rounds of bargaining is that time pressure and lack of foresight are enemies of constructive change. (3) This research note introduces to the study of Canadian politics a new technique for predicting the outcome of bargaining over key issues. Although the paper's aim is modest--to describe the technique--it also outlines a more substantial research project that is currently underway and should provide insights into the outcomes of two fundamental issues facing Quebec-Canada relations in the aftermath of the 1995 referendum on sovereignty in Quebec. More specifically, the project seeks to predict the outcome of Quebec-Canada constitutional bargaining and the outcome of bargaining over a sovereign Quebec's attempt to join the NAFTA. The investigation unfolds in three stages. The first presents the Decisions Insights expected utility forecasting model. The second describes the current political and economic setting of the ROC and Quebec, and offers some predictions based upon the model as a means of presenting the outlines of a promising research program. The third and final stage encourages extension of the research project on both intellectual and practical grounds. Toward an Expected Utility Model Constitutional bargaining and negotiations among governments and interest groups can be studied in any number of ways. Conventional approaches combine (in varying degrees) empirical theory from political science and historical analysis. The result is a set of informative case studies that collectively trace the evolution of bargaining over distribution of power between the federal and provincial governments, most notably Quebec. (4) Models based on rational choice, or the application of microeconomic theory to the study of politics, are well suited to the analysis of the kind of bargaining that can be expected between Quebec, the ROC, and a range of others. These models begin with the assumption of self-interest and focus directly on how and why policies are made. The specific characteristics that link economic thought to political processes may be summarized as follows: first, methodological individualism as a point of departure; second, the assumption that individuals strive after their own interests in a rational way and try to maximize utility--this assumption may be called the fundamental behavioral hypothesis; and, third, use of methods and techniques of economic analysis. Thus, rational choice is a theoretical perspective with well-developed methods that can be applied to the integration of horizontal and vertical elite bargaining. …

Despite vast research on women’s descriptive representation, little is known about its influence on women’s political engagement in East and Southeast Asia where gender norms are different from those in other parts of the world. I theorize that the discrepancy between women’s political and social rights in the region makes it difficult for women to envision themselves as equal to their male counterparts. Thus, women are less reluctant to play a “man’s game” even when they see female political leaders. Using a multilevel model with data from the Asian Barometer Survey and various additional sources, I examine the impact of female parliamentarians in the region and find that they significantly reduce women’s political participation. My results suggest that the female legislators’ role model effect found in existing literature on Western democracies does not apply to East and Southeast Asia. Instead, female political leaders generate a backlash effect on women’s political engagement. This research raises implications for the role of context in the effectiveness of women’s symbolic representation and calls for further exploration on the connection between women’s symbolic and descriptive representation.

n examining politics, legislatures, and elected officials, scholars often make a distinction between descriptive and substantive representation. In the former, representatives share the social or demographic characteristics of the represented (Pitkin 1967, 60-91; Mansbridge 1996). In the latter, representatives pursue policies favorable to the interests of the represented (Swain 1993, 5; Lublin 1997, 12). From the perspective of these scholars, substantive representation may be achieved without descriptive representation. At the same time, these two types of representation are not mutually exclusive. In the 1980s and 1990s, several events highlighted the overrepresentation of whites and the underrepresentation of blacks in Brazilian politics. During this period, Abdias do Nascimento became the first black federal deputy, and later black senator, to wage a consistent and explicit defense of the Afro-Brazilian population from within the National Congress. Benedita da Silva became the first black woman to serve as a federal deputy and then a senator. Deputy Paulo Paim introduced legislation calling for reparations for the descendants of slaves. Celso Pitta became the first black mayor of Sao Paulo, Brazil's largest city and one of the world's most populous. African Brazilian politicians Alceu Collares, Joao Alves, and Albuino Azeredo all served as state governors at the same time. Through their electoral victories, political activities, or support of race-specific public policies, these national black politicians have highlighted the question of racial representation. This study uses the terms black, African Brazilian, and AfroBrazilian interchangeably to refer to Brazilians of African ancestry, including people whom popular discourse might call "morenos," "mulattos," or other terms indicating mixed racial and ethnic background. The official Brazilian census has five main color (or racial) categories: white, black, yellow, brown, and indigenous. The Instituto Brasileiro de Geografia l epresentation and Brazilian Politics: e bers of the National Congress,

In the past thirty years, women’s representation and gender equality has developed unevenly in Latin America. Some countries have experienced large increases in gender equality in political offices, whereas others have not, and even within countries, some political arenas have become more gender equal whereas others continue to exude intense gender inequality. These patterns are inconsistent with explanations of social and cultural improvements in gender equality leading to improved gender equality in political office. Gender and Representation in Latin America argues instead that gender inequality in political representation in Latin America is rooted in institutions and the democratic challenges and political crises facing Latin American countries and that these challenges matter for the number of women and men elected to office, what they do once there, how much power they gain access to, and how their presence and actions influence democracy and society more broadly. The book draws upon the expertise of top scholars of women, gender, and political institutions in Latin America to analyze the institutional and contextual causes and consequences of women’s representation in Latin America. It does this in part I with chapters that analyze gender and political representation regionwide in each of five different “arenas of representation”—the presidency, cabinets, national legislatures, political parties, and subnational governments. In part II, it provides chapters that analyze gender and representation in each of seven different countries—Argentina, Chile, Costa Rica, Uruguay, Mexico, Brazil, and Colombia. The authors bring novel insights and impressive new data to their analyses, helping to make this one of the most comprehensive books on gender and political representation in Latin America today.

Following the adoption of the Senegalese Law on Parity and the subsequent influx of women to the National Assembly, we saw a strong gendered polarisation of attitudes towards women as political leaders among the Senegalese population. This study explores whether similar attitudinal changes are found among political elites in the Senegalese National Assembly. Theory suggests that an increase in the number of women elected to legislatures (‘descriptive representation’) will challenge people's perceptions of politics as a male domain and strengthen belief in women's ability to govern (‘symbolic representation’). Although the effects of gender quotas on women's representation has received considerable scholarly attention, the field of symbolic representation remains under-studied. A case study of the effects of the Senegalese parity law addresses this knowledge gap, contributing with new empirical insights. This study also develops indicators that can help measure potential developments in the symbolic representation of women. Parity appears to have contributed to slightly more acceptance towards women as political leaders within the National Assembly. The findings are discussed in the last section.

SUMMARY This research draws on the nation's first comprehensive database of elected leadership of color to provide a multi-cultural, multi-office, and multi-state look at the contours and context of descriptive representation by race and gender and with women of color at the center of analysis. We find that key to the persistent trend of growth in elective office holding of the nation's Black, Latino, and Asian American communities in recent decades is the expanding size of women of color elected officials. Compared to whites, gender gaps in descriptive representation are smaller among nonwhite groups. Although the proportion of nonwhite population may impact the degree of electoral success, we find parity ratios to vary by race, gender, level of office, and state. For example, states that have the highest share of the black population did not produce the highest level of representation of Black women. Finally, we find that gender differences within each race are generally significant, but far greater racial differences are found among men and women of color elected officials–especially at the municipal and school board levels of offices. We conclude that women of color have played a significant role in advancing descriptive political representation of people of color and of women in the United States as a whole.

The outgoing tide of EU law will be Britain’s most significant constitutional change in recent times. In an era of uncertainties, the UK Supreme Court proved to be a guardian of the constitutional role of Parliament. The case of Miller, decided in the UK Supreme Court in 2017, proved that point. The highest court in the UK has therefore gained an important place in the global community of Constitutional Courts. This global community finds its legitimacy in the recognition of common values as well as the recognition of national variations. This article analyses to which extent common values, and in particular those found in German law, have influenced decisions in the House of Lords and UK Supreme Court. To do so, the author analyses decisions by the House of Lords and the Supreme Court and extrajudicial speeches by the Justices of the Supreme Court for references to German constitutional law. It identifies and maps the themes that have attracted the attention of the justices of the Supreme Court. More recently, the UK Supreme Court has referred to judgments and extrajudicial writing by German Constitutional Court judges. This was in the context of constitutional questions relating to the tension between membership within the EU and national identity, a theme which has occupied German judges for some time. As well as that, the interpretation of the European Convention on Human Rights has sparked an interest in German jurisprudence, in particular in the principle of proportionality.

This is the United States report submitted for the session on Formal and Informal Constitutional Amendment at the Twentieth Congress of the International Academy of Comparative Law to be held in Fukuoka, Japan in July, 2018. The report reviews Article V of the United States Constitution setting out the rules for constitutional amendment and it provides a brief chronology of the twenty-eight amendments adopted to date. It notes a number of potential problems of interpretation associated with Article V. The report considers the widely held assumption that the United States Constitution is one of the hardest, if not the hardest. constitution in the world to change. It goes on to discuss possible limits on the substance of constitutional amendments. Some of these are set out in Article V but, as some other jurisdictions have recognized, there may be further, implicit restrictions based on the distinction between constitutional amendment and constitutional replacement. Many issues associated with constitutional amendment remain unresolved as a result of the Supreme Court’s reluctance to pronounce on the validity of amendments. Finally, the report compares the Article V process to the very significant constitutional change that has been accomplished through the constitutional interpretation of the United States Supreme Court. It concludes that jurisdictions like the United States where the constitution is treated with undisguised reverence, face a dilemma. Limiting constitutional revision to the formal process will eventually result in a constitution that is radically unsuitable for a modern society. But allowing irregular modification by judges sacrifices the key values of security, stability and predictability, the reasons we have a written constitution in the first place.

The concept of representation, as developed in Hanna Pitkin's seminal work, is a complex structure, whose multiple dimensions are hypothesized to be closely interconnected. Most empirical work, however, ignores the integrated character of representation and examines its several dimensions in isolation. The picture of representation that results is not so much incorrect as incomplete. This research tests an integrated model of representation linking formal, descriptive, substantive, and symbolic representation. Data on the representation of women in 31 democracies confirms the interconnections among the several dimensions of representation. The structure of electoral systems exerts powerful influences on both women's descriptive representation and symbolic representation. Descriptive representation, in turn, increases legislatures’ responsiveness to women's policy concerns and enhances perceptions of legitimacy. The effects of substantive representation, however, are much less than theory anticipates.

This chapter returns to a large, cross-national study of Latin American countries to examine whether the use of proportional electoral rules and gender quotas (formal representation), having more women in legislatures (descriptive representation), and passing women-friendly policies (substantive representation) evokes greater support for government in the electorate (symbolic representation). It presents a statistical analysis using Americas Barometer (LAPOP) survey data and shows that all three forms of representation affect both men’s and women’s democratic satisfaction, perceptions of corruption, trust in legislation, and trust in government, though to varying degrees. Countries with greater formal, descriptive, and substantive representation of women also have higher levels of support for representative democracy.