We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
A vast body of work investigates the consequences of legislative term limits for public policy. However, considerably less research has delved into their effects in noneconomic policy domains. In this article, we develop the argument that implemented term limits increase the effect that a state government’s ideology has on the state’s incarceration rate. When analyzing incarceration rates among all states between 1979 and 2017, we find evidence to support our theoretical expectation. Specifically, for states with term limits, we find that an increase in state government conservatism is associated with a higher incarceration rate. Conversely, for non-term-limited states, we find that the policy preferences of the state government have little influence on the incarceration rate. These findings deepen our insight into how institutional design can affect public policy.
This article seeks to compare the policy histories of the legislative term limits in France and the United States. Both nations debated, initially adopted, and then ultimately rejected imposing term limits during the foundational moments of their democracies. Reemerging in the 1990s in America, proposals to refresh government through such limits have been successful in the states and have failed at the national level. The idea regained prominence in France when Emmanuel Macron supported it during his 2017 presidential election. Although Macron eventually abandoned the proposal, the revival of this debate is an opportunity to draw broad parallels but identify critical differences between the two nations in the philosophical debates over term limits and the ways that leaders have embraced or abandoned them to fulfill their political goals. We show how the idea circulated between the two nations, without a parallel exchange of evidence about its effects.
Legislative term limits garnered public support because they promised to drain the swamp, removing entrenched incumbents from office. There is often a partisan dimension to this appeal since “the swamp” that is to be “drained” has often been controlled by one party for a lengthy period. However, it remains unclear to what extent term limits realign partisanship within US state legislatures. Using newly available turnover data, this research evaluates how legislative partisanship shifted after the implementation of term limits in state legislatures and continued over 20 years. The initial surge effects of term limits did appear to level the playing field between parties. The passage of term limits reversed party majorities in state legislatures, primarily benefiting newfound Republican majorities. These findings have important implications for current understandings of legislative term limits, as more states revisit these proposals, and provide insight into party trends at the state legislative level.
This article examines the relationship between term limits in parliament and “electoral disconnection,” the notion that legislators constrained in their ability to run for office face diminished incentives to perform strategic activities to boost their chances of securing candidacy and re-election. We leverage the case of the Italian Five Star Movement’s party-imposed limit of two terms for affiliates seeking to gain or retain a parliamentary seat. We exploit an original dataset of parliamentary activities covering both chambers of the Italian Parliament between 2013 and 2022. We estimate a series of mixed-effect regression models to assess the performance of MPs who were elected in 2013 and re-elected in 2018. In line with our expectations, the evidence suggests that term-limited representatives serving their second mandate tend to become less productive when it comes to “electorally lucrative” activities and more prone to rebelling than their non-term-limited colleagues. These findings contribute to our understanding of the incentives that drive parliamentary behavior.
This article examines the relationship between legislative civility and legislative productivity in US state legislatures. The research employs data from the National Survey of State Legislative Lobbyists and from the State Policy Innovation and Diffusion (SPID) database. The former dataset is used to generate an overall civility index for each state as developed by Kettler et al. The SPID database allows one to measure the legislative productivity of a state legislature. Employing these data, negative binomial and Poisson regression models reveal that state legislatures rated as more civil by their own lobbyists produced significantly more pieces of noteworthy legislation than those legislative bodies rated as less civil. These results suggest that the quality of internal legislative dynamics matters for legislative productivity.
Former legislators who lobby exacerbate the effects of financial resources on the relative political influence that various organized interests achieve. These lobbyists receive more income and achieve favorable policy outcomes more often than other lobbyists. The value of these revolving-door lobbyists, however, is contingent on the continued presence of former colleagues in legislatures. Former legislators achieve influence because of their insider connections, and membership turnover among incumbents decreases the value of this asset for interest groups. I examine the incomes and clienteles of former legislators who lobbied in the American states over seven decades. Turnover is a consistent, negative predictor of revolver value. This effect is enhanced by the presence of legislative staff support. This study is the first to examine the value of revolving-door lobbyists in the state legislatures. My findings imply that reforms that induce turnover help to level playing fields of political advocacy among interests with different levels of financial resources.
The vast majority of sub-Saharan countries have adopted constitutional clauses establishing that elected presidents cannot serve more than two mandates. While an extensive literature has examined why African leaders comply with or else try to manipulate term limits, the policy implications of the latter remain unexplored. Existing studies of other world regions suggest that setting a maximum number of terms presidents can serve tends to make them ‘lame ducks’ during their final mandate. We reconsider this argument, and posit and demonstrate empirically that constitutional limits can actually induce positive effects on second-term presidents' actions compared to their first terms. More specifically, the absence of electoral pressures, the concern for their post-presidential future and legacy-building motivations may lead to improvements in the rule of law, especially regarding the functioning of the judiciary. This article represents the first empirical investigation of the performance of Africa's second-term lame-duck presidents.
Recent scholarship has highlighted the theoretical possibility and examples of the tools of constitutional change being used “abusively,” in order to erode the democratic order. This chapter will explore the experience of constitutional backsliding in Colombia, and the response to those efforts by the Colombian Constitutional Court and other political actors. The chapter will explain the utility of a well-developed doctrine of unconstitutional constitutional amendment as a response to potentially abusive amendments such as term limit extensions. However, it will also highlight the dependence of such a doctrinal response on particular political conditions that often do not hold throughout Latin America.
Despite theoretical arguments suggesting the strong effects of presidential term limits and re-election on democracy, there is surprisingly little empirical evidence to evaluate them. We test both the effect on democracy of the existence of a consecutive re-election rule and of reforms introducing it for incumbent presidents. Using evidence from Latin American countries between 1945 and 2018, we test their relationship to both vertical and horizontal accountability. A synthetic control method is employed to account for the effect of term-limit reforms, and time-series cross-section models for modelling the association with the re-election rule. Both vertical and horizontal accountability as well as the quality of democracy are eroded by term-limit evasion reforms in most countries and strengthened in none between 1990 and 2018. Allowing presidents to run for re-election – relative to term-limited ones – is consistently associated with weak democratic outcomes.
Since the third wave of democracy, term limits have become a popular fixture of most constitutions intended to constrain the executive. Yet, recent constitutional reforms around the world show that presidents seeking re-election sometimes overturn the entire constitutional order to extend their power. What is the impact of these constitutional manipulations on the longevity of the executive in office? Using survival analysis of all political leaders and national constitutions from 1875 to 2015, this article demonstrates, for the first time, that when ‘authoritarian-aspiring’ presidents remove constitutional term limits, they increase their stay in office by more than 40%. Our findings contrast with a widely held position in the comparative authoritarian literature suggesting that dictators survive longer under institutional constraints. On the contrary, we argue that by removing constitutional barriers, rulers consolidate more power at the expense of their most ambitious allies and can stay in power longer.
What is the role of legislative term limits in the structure of legislative institutions? Using Mooney’s collective action problem theoretical framework on legislative leadership power, I claim that legislative term limits should be a key determinant in a state Speaker’s power via the delegation of institutional tools that control the lawmaking process. Speakers can use these tools to influence policy outcomes and their colleagues. I test this expectation in an analysis of lower chamber rules in nearly all states between 1981 and 2015. The results indicate that states with implemented term limits are associated with a more powerful Speaker. These findings suggest that a more nuanced relationship between legislative term limits and leadership power exist than previously thought.
Chapter 6 explores the highly mediatized issue of constitutional limits to the number of mandates that African presidents can serve, whether consecutively or not. It looks at how term limits were widely adopted on the continent during the reforms of the 1990s, and how in many countries they became the object of fierce political struggles and social tensions that in a number of cases turned violent. We look at the factors that explain why some leaders respected the term limits to which they were subject, while others tried to bypass such constraints, and, among the latter group, why some succeeded while others failed. The role of constitutionally limited mandates is examined in the broader context of the changing dynamics of leadership duration in office and increased rotation in power. Finally, the comparatively few cases of dynastic or familial successions in office are discussed to complete this overview of unlimited (and post-death) continuity in power
Across the United States over time, numbers of registered interest groups have continued to increase, but these populations mask the total amount of lobbying that is occurring within America's statehouses. Among registered interests, average numbers of hired lobbyists have increased markedly since the late 1980s. This study both quantifies this increase and identifies a set of causal variables. Previous studies have proposed a variety of short-term, political and long-term, institutional factors that govern rates of lobbying. Using a new data set spanning multiple decades, I find that changes in lobbying can largely be ascribed to institutional variables, including the implementation of term limits and regulations on lobbying. Lobby regulations, one-party dominance, and legislative expenditures also appear to play a role in determining rates of multiclient lobbying. Direct democracy and state spending do not affect the hiring of lobbyists by registered interest groups.
The unconstitutional constitutional amendment doctrine has emerged as a highly successful, albeit still controversial, export in comparative constitutional law. The doctrine has often been defended as protecting a delegation from the people to the political institutions that they created. Other work has noted the doctrine’s potential utility in guarding against abusive constitutionalism. In this article, we consider how these justifications fare when expanded to encompass claims against the original constitution itself, rather than a later amendment to the text. That is, beyond the unconstitutional constitutional amendment doctrine, can or should there be a doctrine of an unconstitutional constitution? Our question is spurred by a puzzling 2015 case from Honduras where the Supreme Court held an unamendable one-term limit on presidential terms, as well as protective provisions punishing attempts to alter that limit, to be unconstitutional. What is particularly striking about the case is that these provisions were not later amendments to the constitution, but rather parts of the original 1982 constitution itself. Thus, this article examines the possibility of ‘an unconstitutional constitution’, what we predict to be the next trend in global constitutionalism.
According to reformers, legislative term limits should increase voter turnout by enhancing electoral competitiveness for legislative seats. However, this claim has been largely untested. The only existing study of the effect of legislative term limits on voter turnout, to date, finds that turnout in California did not increase after the imposition of term limits and may have decreased turnout. Yet, it is unclear whether this result generalizes to other states. This study employs a comparative state analysis of both aggregate turnout and district-level turnout rates in state legislative elections. We find that term limits significantly increase voting rates in state legislative elections.
As members of democratic institutions, state legislators must frequently collaborate with each other to achieve their varied goals. Given the increased attention to questions of polarization and gridlock, scholars should be particularly interested in understanding legislator decisions to collaborate across party lines. This article is primarily concerned with how institutional arrangements—specifically term limits—structure legislators' decisions to cosponsor bills with partisan opponents. Using data on bill cosponsorship from 41 states (82 chambers), we demonstrate that term limits reduce bipartisan cosponsorship even when controlling for average legislative tenure. We argue that term limits accomplish this by altering the incentives that legislators face. In addition, we demonstrate that the effect of term limits depends on the level of legislative professionalization. When professionalization is high, the negative effect of term limits on bipartisan cosponsorship is particularly pronounced.
Term limits that effectively govern leadership transition play an important role in authoritarian power sharing. A fixed term and a pre-appointed successor – two crucial components of term limits – credibly commit the incumbent ruler to share power with other elites, and also allow the elites to monitor and coordinate against the ruler's transgression of the power-sharing agreement. While the successful adoption of term limits often requires an even balance of power among the ruling elites in the first place, once adopted it initiates an evolving bargain over allocation of political power among multiple generations of leaders that further keeps any one faction from dominating the others. I corroborate this argument using a biographical dataset of elite members of the Chinese Communist Party from 1982 to 2012. The findings suggest that the Party's incumbent leaders and their rivals (i.e., predecessor and heir-apparent) shared equal chances in promoting their associates—which proxy their political influence—and this pattern has become more salient since the 16th party congress, when the term limits that currently govern China's leadership transition became fully fledged. This result also sheds light on the role of informal, patronage-based promotion in the institutionalization of authoritarian politics.
Despite a long history of nonpartisanship, the Nebraska state legislature has polarized rapidly within the past decade. Using interviews and campaign finance records, we examine politics in the modern Unicam to investigate nonpartisan polarization. We find that newly instituted term limits created opportunities for the state's political parties to recruit and finance candidates in an increasingly partisan fashion. Social network analysis suggests that there is a growing level of structure to campaign donations, with political elites increasingly less likely to contribute across party lines. The results offer a compelling example of parties overcoming institutions designed to eliminate them.
California is notorious for its budget gridlock. From 1950 to 2008, the budget was adopted late 44% of the time. Although short delays have few consequences, delays in passage have become longer in the last two decades, leading to more severe consequences, such as a lower credit rating and higher borrowing costs. The purpose of this article is to systematically analyze late adoptions of the state budget. I examine annual data from 1901 to 2008 and conduct regression analysis of the length of budget delays, controlling for economic conditions. This study reveals that political and economic conditions, tax policy, and voter-passed initiatives all prolong delays. Interestingly, election years do not reduce budget gridlock despite the potential electoral pressure on the governor and legislature to reach a compromise. I conclude by discussing the study's implications for investigations of budget gridlock in other states and at the national level.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.