Putting presidents power into place: A measurement of constitutional presidential strength in non-presidential systems Paper (draft): ECPR General Conference 2014 Anna Fruhstorfer1 Humboldt-Universität zu Berlin Abstract: This article introduces a new tool to measure presidential power: the index of constitutional presidential strength (CPS). This index places emphasis on the president as a significant player in non-presidential systems. Established measurement tools of presidential power are quickly stretched to their limits if they are to account for both semi-presidential and parliamentary systems. Part 1 of this article therefore discusses the established measurement tools, especially criticizing how well-grounded, in terms of theory and methodology, they are. Part 2 introduces the new measurement tool, which is especially useful to measure low-level constitutional competences and proposes a balance of content and concept validity. Keywords: Presidents, Constitutions, Measurement Please do not quote or circulate without author’s permission! 1 Anna Fruhstorfer, [email protected]; Humboldt-Universität zu Berlin, Department of Social Sciences, Unter den Linden 6, 10099 Berlin I am grateful to the Silvia von Steinsdorff and Zachary Elkins for their input, suggestions and support and everybody from the Comparative Constitutions Project for allowing me to conduct this research project at the University of Texas at Austin. Introduction Political science has paid little attention to presidents in systems with a powerful parliament and prime minister. So far scholars have been mostly focusing on semi-presidential systems, whereas purely parliamentary systems are often not discussed. This article argues that the functional logic behind parliamentary systems and that behind semi-presidential systems are often similar and they should therefore be treated similarly. However, established measurement tools of presidential power are quickly stretched to their limits if they are to account for both types of political systems. Additionally, applying Shugart and Carey (1992), Frye (1997), Metcalf (2000), Roper (2002) and others to actually measure presidential power leaves one sincerely doubting how well-grounded, in terms of theory and methodology, these measurement tools are. Part 1 of this article discusses the established measurement tools by Shugart and Carey (1992) (with the revision by Metcalf 2000), Armingeon and Careja (2007) (and with a similar scheme also Frye 1997), Roper (2002) and McGregor (1994), critically assessing their deficiencies with regard to three main aspects: The cursory use of indicators, the formation of additive indices, and the structural disregard of the functional logic of parliamentary systems in the conceptual approach towards presidential power. In addition, by addressing different problems of validity and reliability (see Carmines & Zeller 1979 and Fortin 2010), some methodological shortcomings in established measurement tools will be highlighted. Based on these considerations, part 2 of this article introduces a new measurement tool: the index of constitutional presidential strength (CPS). This index places emphasis on the president as a significant player in non-presidential systems. Presidential power in these systems is extremely diverse (Weaver & Rockman 1993:19); a factor not yet represented in established measurement tools of presidential power. This shortcoming accounts for the limited capacity of other indices to yield valuable data on lower power levels. Embracing this diversity allows for the development of a multidimensional representation of presidential strength with an emphasis on constitutions and the functional logic of parliamentary systems. Only then we can discuss further differences between constitution and reality from a comparative perspective. Therefore, the tool presented here for measuring constitutional strength of presidents will provide immense advantages for comparative research. It emphasizes low-level constitutional competences, mostly overlooked by established measurement tools. With the proposed balance of content and concept validity and the possibility for other researchers to decide which data to use, the index of CPS offers methodologically and empirically sound paths for further research on presidential power. Furthermore, the application of this tool in 46 countries in 2011 provides a comprehensive data collection for presidential strength.2 The sample consists of all countries with a president as head of state and a Prime Minister, so in fact the central selection criterion is the constitutionally formalized separation of the head of state and the prime minister.3 And as “(t)he defining distinction between presidentialism and parliamentarism concerns the degree of interdependence between the executive and the legislature" (Cheibub, Elkins & Ginsburg 2010:6),“the separation of origin and survival” (Shugart and Carey 1992:22) of the executive is the decisive category. With this, the case selection follows the idea that president and prime minister are the major players for power in the political realm. A Critique of Established Measurement Tools The criticism towards the established measurement tools can be subsumed under three main categories: First, the cursory use of indicators; second, the formation of additive indices; and, third, the structural disregard of the functional logic of parliamentary systems in the conceptual approach towards presidential power. In the following, all three will be discussed in detail exploring advantages and disadvantages to the tools by Shugart and Carey (1992) (with the revision by Metcalf 2000) and Armingeon and Careja (2007) (and with a similar scheme also Frye 1997). These two are the most established measurement tools and both represent a group of diverging conceptualizations and measurement proposals. In addition, Roper (2002), McGregor (1994) and Kouwel (2003) and Siaroff (2003) with the adaption of 2 All measurement data can be accessed here: [as the homepage would identify the author it will be included just before publication]. The sample has been established according to four basic dimensions, namely executive structure, time, democracy, and constitutional event. These were collected as part of the Comparative Constitutions Project (Comparative Constitutions Project). 3 All other classic selections criteria like ‘demission of the government by the president’ according to Steffani (1979), the direct election or the primary control over the cabinet (Shugart and Carey 1992) are not relevant for the selection of the sample here. The definition of parliamentary systems is based on Steffani (1979:39), the definition of semi-presidential systems on Elgie (1999: 13) who describes it “as a situation where a popularly elected fixed-term president exists alongside a prime minister and cabinet who are responsible to parliament”. van Cranenburgh (2008) will also be touched on only briefly. All these measurement tools were great inspirations for the here presented index. And whereas the lack of space forces a focus on critique, the index of CPS hopes to contribute to the state of the art established by Shugart and Carey (1992) and all the others. The most frequently used tool for measuring presidential power is the index described by Shugart and Carey (1992). This index was revised by Metcalf (2000), based on her claim that low-level presidential power is not well-represented. Although subscribing to her assessment, a comparative perspective provides evidence that the advances in the 2000 Metcalf revision are still too limited to grasp the parliamentary logic. The parameterized overview suggests that the improvements claimed by her are not advancing the index in the direction she claims. In addition to this specific conceptualization of presidential power as “strong” power, both Metcalf (2000) and Shugart and Carey (1992) established indices that provide a basis for a coherent and comparative view on presidential power but have two disadvantages: First, both tools contain coding decisions based on the functional logic of presidential systems and, second - which might be a result of the emphasis on presidential systems - both include a very limited number of non-legislative competences. At the same time, the inclusion of more legislative competences, such as censure and partial veto, limits the reliability and validity of any measurement of non-presidential systems as, empirically, they never occur in parliamentary systems. As Metcalf described for Shugart and Carey’s index (1992) "(t)he major disadvantage is that it is better at distinguishing variations at high levels of presidential power than at low levels. In particular, by treating the president and the assembly as the only relevant actors, it does not capture well the dual authority structure of semi-presidentialism" (Metcalf 2000:667). This should be more explicitly emphasized, not only focusing on the dual authority structure of semi-presidentialism, but on its different logic of functioning. Especially the degree of interdependence between the executive and the legislature, following the rules of parliamentarism rather than presidentialism, has to form an essential part of any measurement index of presidential power. Shugart responded to this critique by including more levels in his indicator for cabinet formation ("2 President appoints ministers who need confidence of assembly" Shugart 1996:7), which constitutes a promising move in the right direction. In addition to these points of criticism, mainly concerning the indicator level, both the Shugart and Carey index, and the adaptation by Metcalf share an imbalance between concept and content validity. A correlation analysis even indicates some negative correlations between single items and between the item ‘dissolution of the assembly' and the overall score (Fortin 2013:95, although this is a result based on a pooling of Frye 2000 and Shugart and Carey 1992). This lack of convergent validity is a problem all additive indices share and which can only be controlled by a high correlation between single indicators, as discussed in detail for the CPS. Armingeon and Careja (2007) (and with a similar scheme also Frye 1997) combine 29 indicators that influence presidential power. The coding decisions established for these indicators of the Presidential Power Index represent the elementary yet great idea of power sharing. This idea is also pursued by the index of CPS. Nevertheless the mentioned authors are prone to the same criticism as Shugart and Carey of establishing an index with a not fully comprehensive conceptualization of presidential power. This results in problems of convergent validity and so of concept and content validity. In discussing for example the Presidential Power Index, two main issues have to be addressed: 1) the inclusion of a variety of indicators without the crucial balance between concept and content validity, and 2) the weighting of indicators based on the mode of presidential elections. Increasing the number of indicators like Armingeon and Careja (2007) (and with a similar scheme also Frye 1997) the lack of equivalence between these indicators becomes more and more problematic. Although they tackle this problem by weighting indicators by halving the value in countries without direct election, an approach Tavits also uses (Tavits 2009b), a conceptual or empirical justification for this approach would be useful. Furthermore, as Fortin has shown, this weighting decision produces a bimodal distribution with in fact two “clusters of cases on both the high and low ends of the potential spectrum” (Fortin 2013:99). In addition to this methodological issue to be considered for any inference statistics it is also a problematic approach on the descriptive level, as it does not reflect a conceptual logic behind the weighting decision. This critique does not mean that direct election should not be considered as it will be discussed later. Although other measurement tools exist, they are not as frequently used as the two discussed in detail in the foregoing. For example, McGregor‘s (1994) index is partly inconsistent and therefore problematic for further analysis. It offers a broad selection of indicators, similarly to Armingeon and Careja (2007) and Frye (1997). These indicators are subsumed under the random latent variables of symbolic and political power and weighted (or rather multiplied) according to the degree to which each is assumed to have political or symbolic power. Kouwel (2003) and Siaroff (2003) both choose a nominal coding scheme. Although their overall scores are each ordinal, the nominal character of the indicators and with this the measurement results are not fully comprehensive. Roper (2002) combines different approaches and moves in the same direction as the CPS index. He proposes a parsimonious measurement tool, which starts to include the specific logic of premier-presidential regimes. However, his coding decisions are close to the ones proposed by Shugart and Carey (1992) and therefore do not describe the specific logic for non-legislative indicators in particular, such as the demission of the cabinet. Similarly to Shugart and Carey (1992), the legislative power dimension does not establish a fully convincing consistency of items; none of the three proposed indicators correlated significantly with the overall measurement result. This is a surprising finding, considering the important competence of legislative veto power in a variety of cases. Furthermore, although Roper presents a parsimonious tool, which always comes at the expense of content validity, it should be strong at least on concept validity. What Roper proposes is neither; it does not adequately capture the empirical diversity of premier-presidential or semi-presidential systems and it deploys two dimensions developed a priori. It would be more convincing if they were based on methodological considerations and a clearer conceptual idea about the multidimensional representation of presidential power. A Tool to Measure Constitutional Presidential Strength Therefore, it is necessary to design a new tool specifically for non-presidential systems. It must be based on a thorough theoretical foundation and a rigorous methodological discussion of the uni-dimensionality of indices. The index of CPS introduced here was developed by the author doing exactly that. It measures constitutional presidential strength, which can be considered a subtype of a broader concept of presidential power. Hannah Arendt claims that “(w)hen we say of somebody that he is “in power” we actually refer to his being empowered by a certain number of people to act in their name. The moment the group, from which the power originated to begin with (potestas in populo, without a people or a group there is not power), disappears, “his power” also vanishes. In current usage, when we speak of a “powerful man” or a “powerful personality”, we already use the word power metaphorically; what we refer to without metaphor is “strength”” (Arendt 1970:44). This strength is represented in different competences a president is given by the people through the constitution. In light of this it should be clear that a measurement of constitutional competences cannot be based on a broad concept of power but on one of its dimensions. These competences are measured with two random latent variables - legislative (xlg) and administrative (xad) powers formed by 14 indicators on an ordinal scale from 0-4 points: SUMps Σ (xlg+xad). Table 1 Variables and Indicators The selection of 14 indicators is based on the conceptual idea behind constitutional presidential strength. What is described here as construct validity finds its basis in the selection of indicators. The combination of these 14 indicators represents the functional logic behind parliamentary systems; essentially, it will be argued that these 14 indicators are equally relevant to the overall construct of presidential strength and add useful information to the overall concept. The selection of these 14 indicators, based on the critical analysis of established measurement tools and literature on the prerogatives forming presidential power in non-presidential systems (among them in particular Steffani 1979, Duverger 1980, Linz 1994, Sartori 1994, Shugart 1998, Lijphart 1999, Strøm 2000, Rüb 2001, Almeida & Cho Seok-jo 2003, Cheibub, Przeworski & Saiegh 2004, Amorim Neto & Strøm 2006, Elgie & Moestrup 2008, Schleiter & Morgan-Jones 2009) was refined by the bottom-up process of coding constitutions and gradually adapting the index. These indicators form a basic-level concept of constitutional presidential strength. The additive index consists of two random variables, which in fact constitutes one latent variable. This poses certain limitations to the index. The perks and perils of this approach will be discussed later. Additionally, two alternative approaches to solving this problem of lacking concept validity will be presented. In the following, the 14 indicators are described in detail (for coding decisions see Annex), discussing both the respective coding decisions for them and the conceptual and empirical reasons for their inclusion. The main resource for coding decisions was the idea behind Armingeon and Careja's (2007) power index to distinguish between the exclusive power of the president, the shared power of the president and the cases in which the president does not hold any power. In doing so, the CPS index refines a basic conceptual logic of power sharing. Legislative veto power Not only in the measurement scale of Shugart and Carey (1992), but also in other measurement tools here cited on several occasions, legislative veto power of presidents is an important indicator. The index of CPS emphasizes this point made by Shugart and Carey but differs from them and others in its exclusion of partial veto (Metcalf 2000 or Shugart & Carey 1992). This veto is a combination of reactive veto power, but also an attempt to actively change content. Empirically, it is not relevant in non-presidential systems. The presidential veto against a legislative initiative already confirmed by the legislative assembly and an overruling by this assembly with a 2/3 or 3/5 majority were valued equally with 4 points. None of the cases in my sample provided the opportunity to observe an absolute veto with no possibility to overrule.4 Certainly, the democracy level on which the case selection in this research project is based provides an explanation for this. This also holds true for legislative veto power in the index of CPS, which can only be overruled by a 3/5 or > majority and has the classic attributes of a hindering power. Overruling with an absolute majority or the combination of veto and referendum are valued with 2 points. This also applies to both the overruling with a simple majority and to formulating a legislative veto with only the countersignature of the Prime Minister - a power to make subjects the topic of discussion. As already stated by Shugart and Carey "(h)ighly constrained, the veto can allow the president no more than an opportunity to express disapproval for a law, with no ability to block it" (Shugart & Carey 1992:134) and therefore thematizing certain issues is valued with 1 point.5 Judicial review (submitting legislative initiatives to the Supreme Court) Judicial review is not a significant presidential competence on its own. But as Constitutional Courts became “export hits” (Steinsdorff 2010:479) in the process of democratization in postcommunist Eastern Europe, the threat of this competence evolving can form a central aspect of presidential power (or as Alec Stone Sweet puts it. “(i)n 2003, after a polite nod to Westminster, parliamentary sovereignty can be pronounced dead” (Stone Sweet 2003:2745)). 4 This is contrary to the observation by Shugart and Carey (1992:157). Two chambers, which have to renew the assent, can lead to further blocking of the legislative process. As it is not of significant importance for presidential power, I did not include it in this Index. Nevertheless it should be mentioned that in India, Italy and Romania the way a legislative presidential veto has to ‘go’ is somewhat more complicated than in other countries without a second chamber/legislative veto combination. 5 An important aspect, which can turn Supreme Courts/Constitutional Courts into important allies of the president, is the type of court we observe: diffuse or concentrated. In countries with Constitutional Courts, functioning according to the diffuse type, like the United States "[…] the provision for judicial review does not increase the role of the president in the legislative process." (Metcalf 2000:671) Taking this into account for the coding decisions and cases in which only the president can refer legislation to the Constitutional Court without any restrictions to policies is valued with 4 points. In two countries, India (Art. 137 and Art. 143) and Croatia (Art. 88), only the president can refer legislation to the Constitutional Court for review, which is why these were coded with 4 points. If the president, the prime minister (or the whole cabinet) or members of the national assembly (undefined majority) have the constitutionally assigned competence to refer legislation to the Constitutional Court, it is valued with 2 points. If this competence is combined with cooperation for referring legislation to the Constitutional Court, the value attributed is 1 point. If the president has no competences or every citizen can refer legislation it is valued with 0. Legislative initiative The legislative initiative is the first active constitutional competence of a president described here and adopts the coding decisions of Armingeon and Careja (2007). None of the observed countries have a system in which only the president has the power to initiate legislation (4 points), not even in a reserved policy fields. This is a phenomenon only practiced in presidential systems, for example Brazil, Chile, Colombia and Uruguay (Shugart & Carey 1992:139). This supports the argument that the countries in the sample follow the logic of parliamentarism rather than the assumed logic of a mixture of characteristics from parliamentarism and presidentialism in semi-presidentialism. Contrary to Shugart and Carey’s reasonable assumption "[...] that when presidents, or ministers who are exclusively accountable to presidents, are allowed to initiate legislation on their own, they are generally among the primary forces in the legislative process" (Shugart & Carey 1992:139), this relation cannot be observed for non-presidential systems. The non-exclusive exercise of legislative initiative by the president was valued with 2 points and the lack thereof with 0 points. Power of decree The presidential competence with the potential to be the most dominant is their power of decree, i.e. issuing decrees with legislative force without applying the usual legislation procedure. Relevant here is not the symbolic power of decree, but the competence to issue decrees which are not an act of parliament. "(O)nly those laws which the president can initiate and which maintain the force of law unless specifically rescinded (vetoed) by congress are meaningfully called decree laws" (Shugart & Carey 1992:143). This power of decree is very rare among non-presidential democratic countries and can only be found in countries with a post-soviet legacy (e.g. Ukraine with restrictions to certain policy areas, Art. 106 and Moldova, Art. 94, where the president can issue decrees for all policy fields apart from matters of defense and foreign politics, for which he needs the countersignature of the Prime Minister). For the CPS index, a president with an unlimited power of decree in the initially described sense was valued with 4 points, a power of decree for certain policy areas with 3 points and no power of decree with 0 points. Declaration referendum Referendums can be divided into three types (government-initiated, citizen-initiated, and mandatory); in addition, citizen-initiated veto is sometimes included as a fourth type (Elster 1995). Relevant here is one type – the government-initiation referendum and the role the president plays during the initiation of this referendum. It is important to consider "who asks the question and […] who triggers a referendum" (Hug & Tsebelis 2013:466). It can be argued that the combination of these two aspects hinders an effective separation of powers. From a constitutional perspective, in Georgia (Art. 67), Moldova (Art. 66 and Art. 88) and Montenegro (Art. 93), the president and other institutions have the right to initiate a referendum (independent from each other) and are therefore valued with 3 points. Turkey (Art. 104) and Niger (Art. 49) are valued with 4, as only the president has the right to initiate a referendum. Nevertheless, 16 countries are valued with 0 points, because their president has no competences concerning the declaration of a referendum. Legislation during state of war/emergency The competences of presidents in a state of war or siege or after the declaration of emergency differ greatly. They can range from suspending "[…] liberties and tak[ing] direct command of local agencies in times of unrest” (Shugart & Carey 1992:145) to the execution of legislative power: “Constitutions differ in the degree to which congressional ratification or oversight of states of exception is required (Shugart & Carey 1992:145)". However, not only is the competence as such an important factor, but so is the manner in which it is enacted. Therefore, legislation in its own right, without the subsequent assent of the parliament, is valued with 4, whereas the subsequent assent of the parliament is valued with 3. Emergency powers can lie at the core of presidential competences, but in most cases - involving legislative power in times of siege, war or emergency – they are shared (which is valued with 2 points). In 20 cases, the president has no legislative competences whatsoever (0 points). Nomination prime minister, demission prime minister and dissolution of the assembly The groundbreaking article by Steffani (1979), in which he outlines the basic principles of how to differentiate between presidential and parliamentary systems (demission of cabinet or Prime-Minister)6, forms the basis for this research project and the improvement of existing measurement indicators. This is based on e.g. the observation that "(t)he defining distinction between presidentialism and parliamentarism concerns the degree of interdependence between the executive and the legislature, specifically with respect to the selection and dismissal procedures of the respective offices" (Cheibub, Elkins & Ginsburg 2010:6). This understanding of parliamentary systems is a central element for further improvement of the established measurement tools. Although they are independently listed in terms of their value, they are related in terms of their functional logic. In the CPS index a bargaining model (Amorim Neto & Strøm 2006) is emphasized which regards the prime minister, the assembly and the president as individual, but not independent, players. The Index of CPS does not measure cabinet formation, but the nomination and dismissal of Prime Ministers.7 Prime Ministers are one of the major players for power in the political realm. Their nomination and demission procedure should describe more with regard to the power of presidents than the often unspecific nomination procedure for the ministers and/or cabinet does. Therefore, cabinet formation is excluded from this index for the sake of concentrating on the one agent, who can challenge the president for power. Cases in which the president can appoint the Prime Minister without consent from or cooperation with legislative forces (majority in the National Assembly or President of the National Assembly) are valued with 4 points. 6 German Quote: "Ist die Regierung vom Parlament absetzbar, so haben wir es mit der Grundform 'parlamentarisches Regierungssystem' zu tun, ist eine derartige Abberufbarkeit verfassungsrechtlich nicht möglich, mit der Grundform 'präsidentielles Regierungssystem'" (Steffani 1979:39). 7 Prime Minister is used here as an equivalent to Chancellor and other terms describing this function. Contrary to other measurement tools, an additional category with 3.5 points was included. This is not only closely related to the power to dismiss the Prime Minister, but also emphasizes the relation between parliamentary majority and the President. In cases in which the President appoints a Prime Minister with subsequent consent of the legislative body and this legislative body withholds assent, the president is allowed to dissolve the parliament as from the second failed attempt to nominate a Prime Minister. This clear method for imposing discipline gives the president influence over non-partisan or highly fragmented parliamentary majorities, with the threat of new elections (without this threat, 3 points). These coding decisions appear quite clear, but it gets more complicated and fuzzy as the restrictions put on the president by the constitution increase. Therefore, 2 points are attributed to several options, which show the variety of possibilities regarding these restrictions, yet emphasize their equivalence: President appoints Prime Minister in cooperation (Prime Minister needs consent of the Parliament); Prime Minister does not gain the confidence of the Parliament in the first round; the one nominated in the second round must be appointed Minister (without a majority, President can appoint him/her or dissolve Assembly); or President appoints, no direct assent by the Parliament required, but immediately possible to declare no confidence. Value 1 and 0 do not allow the president any direct action, but cases in which the president can at least declare that he is withholding the power of assent, although this has no immediate effect, were coded with 1. Based on different levels of power, this possibility to share an opinion should be valued higher than the complete lack of presidential competences in the nomination procedure. The demission of Prime Minister and the dissolution of the National Assembly are based on the logic of parliamentary systems highly related to each other and also – but to a lesser extent – to the nomination of the Prime Minister. This constitutes the most significant deviation from Shugart and Carey (Shugart & Carey 1992) and Armingeon and Careja (2007), based on the logic of functioning in parliamentary systems worth including. The unnecessary and, for this case selection, unreasonable separation of cabinet dismissal and censure from other measurement indices (Shugart & Carey 1992), (Metcalf 2000) is avoided here and replaced by a combination of both in one indicator. Therefore, “[…] the degree of interdependence […]" (Cheibub, Elkins & Ginsburg 2010:6) measures the differences between the power of presidents and other relevant agents. Empirically, in most cases the president has to cooperate with the National Assembly, but with varying degrees of influence: President can dismiss Prime Minister with a stable majority in cooperation (3 points); President initiates demission but needs cooperation with parliament (2 points); 1 point is attributed to cases in which the Cabinet can only be dismissed by a vote of no confidence, but President has to assent; or by countersignature of e.g. the President of the Assembly. All these cases function more or less clearly according to the main logic of parliamentary systems as Steffani (1979) described it. The dissolution of the National Assembly is somewhat more complicated. "The provision for dissolution would seem to provide an institutional resource to resolve the problem of congressional deadlock decried by the critics of presidentialism" (Shugart & Carey 1992:126). The dissolution of the Assembly by the president alone is valued with 4 points, a high value only observable in countries with a >median president according to SUMps. Similar effects can be expected if the president can dissolve the National Assembly in cooperation with, for example, the President of the National Assembly, which is valued here at 3. The significant case in which a national referendum becomes necessary is valued 2 here. The classic parliamentary case in which the president has the formal role of confirming the dissolution of the National Assembly after the vote of no confidence/censure is valued here with 1 point if he is obligated to confirm and with 2 points if he is given the option of confirming. The rare case in which the president has no role at all in the process of dissolving the Assembly is valued with 0 points. Participation cabinet meetings Intra-executive struggle, i.e. who has what role in the cabinet (PM or President), is one of the most important questions that need to be addressed by a presidential power measurement index. Not only the nomination procedures for the cabinet, but also “[…] the degree of presidential influence on the cabinet" (Schleiter & Morgan-Jones 2010:1424) as stated in the constitution contributes to constitutional presidential strength. It should be clear that equating presidential power in nominating cabinet members with presidential influence inside the cabinet is problematic. In addition to the question 'who is the agent and who the principal?', a more distinct perspective on what occurs constitutionally inside the cabinet is useful for a measurement of constitutional power. Therefore, an indicator based solely on the constitutionally assigned competences of the president in cabinet meetings is established. The role of the president in cabinet meetings can vary from participation as chief of cabinet (valued here with 4 points), to chief but only for certain policies, to initiator of the meeting (3 points), simple participant (1 point) or no role (0 points). Countersignature Countersignature is not included in other measurement tools as a separate indicator; without reason, one might argue. Metcalf (2000:669) uses it as part of the gradual decrease of legislative power in one indicator (proposal of referenda) and case descriptions can also be found (Duverger 1980). However, it can be assumed that countersignature is a central element to obtaining more information on the deeper understanding of the presidential role as intended by the constitution. The aspect of countersignature is already included automatically in other indicators, as a limitation of powerful competences, yet the separate mention of this aspect in the constitution needs to be included in a measurement index. No requirement of a countersignature was valued with 4 points (also for cases in which this is limited by the declaration of emergency), formal acts requiring countersignature was valued with 3 points. A distinction was made between cases in which the president needs a countersignature for every decision in a major policy field (1 point) and those in which he needs one for every decision, apart from the nomination of the Prime Minister and the dissolution of the National Assembly (2 points). A countersignature required for all presidential decisions should not only limit the value of the respective indicator, but should also be treated as a value on its own (0 points). Nomination of Supreme Court judges Both the fear of a judicialization of politics and the political influence on the judiciary play a significant role in the discussion about the role of the president in the nomination procedure of Supreme Court Judges. The inclusion of the nomination procedure of Supreme Court Judges is based on two specific assumptions: 1) Presidents can have a variety of nomination/appointment competences throughout the different branches of a political system (judicature, administration, diplomacy, police etc.). To include all these competences would be redundant because of their often clearly ceremonial and therefore highly speculative political influence. However, to include one example of a position outside the triangle of parliament-cabinet-president might show the overall tendency of the appointment structure in a constitution. A nomination procedure that is highly dependent on the presidents’ decision (nomination of more than ½ of the judges without countersignature, consent or influence of the cabinet/PM/National Assembly) was coded with 4 points, countries in which the president nominates less than 1/2, but more than 1/3, and only the National Assembly nominates the other judges was coded with 3 points. Other cases that demonstrate the distinct cooperation of the president were coded with 2 or 1 based on who nominates the judges and who confirms their appointment. Other: supreme commander of the armed forces and the declaration of war and/or emergency These two ‘other’ indicators were included because of their variance in the observed countries. Although they are highly problematic in this context, as they have the potential of yielding the highest level of competence but actually only have a clear symbolic influence, both the Supreme Command of the Armed Forces and the declaration of state of emergency feature as central elements in a broad concept of presidential power. Different levels of influence of a president may occur, which are highly related to states of emergency. For the purpose of the index, two separate conditions are considered: state of emergency/war and time of peace. In addition, not only the competence of being the supreme commander is rated, but also whether the president appoints the responsible agent (4 points in case the president is always the supreme commander; 3 points if he only is in time of peace, but does appoint the responsible supreme commander; 2 points for membership in a security council, and; 1 point for when a countersignature is required or there is responsibility towards the cabinet). Declaration of war and/or emergency was coded similarly, distinguishing between the individual decision of a president (4 points) - considering, for example, his competences in emergency legislation - and his decision in cooperation with other agents (3 points in case of subsequent assent of Parliament, 2 points in case of the consent of Cabinet and the subsequent consent of Parliament or 1 point, based on a cabinet initiative, including consent of Parliament). What is New and What is Improved? Measurement results The index of CPS (scale 0-56 points) has a range of characteristics and stretches from 9 points in Germany as the lowest to 49 points in Mozambique as highest occurring value.8 Table 2 Measurement results for 46 countries in 2011 The median presidential institutions, in terms of the level of strength, are Latvia and Estonia with 21.33 points. With its insensitivity to extreme values, the median offers more valuable information on the data presented, which can be shown by their variance. Table 3 Results of the index of CPS as Overview Based on the results of this additive index, a variety of empirical evaluations can be established. For example, an explorative data analysis is applied for the data collected by the CPS index to discover ratios for two different groups: directly and indirectly elected presidents. A t-test on the location parameter was applied, based on the normal distribution (KMO) of these data and the equality of variance (Levene). With a p-value of 0.172, the 0hypotheses cannot be dismissed and therefore the equality of the variances can be assumed. The t-test here displays a p-value of 0.003, testing the means of the two groups, namely directly elected and indirectly elected. The means of the two groups significantly differ from each other as in 95% of the cases, indirectly elected presidents have between 11.8 and 3.3 points less than directly elected presidents. These empirical data are discussed here only briefly, as the index of CPS offers two directions for further comparative research, each with its emphasis on a different aspect of validity. Balance between content and concept validity The two central methodological and conceptual aspects underlying the CPS and distinguishing it from the established measurement tools are concept and content validity. In addition to questions of criterion validity and equivalence, they will be discussed in light of their importance for different forms of comparative research. With Fortin’s (2013) observation on the cursory use of indicators subsumed into a “laundry list” of powers (Fortin 2010:18) in 8 All measurement data can be accessed here: [as the homepage would identify the author it will be included just before publication] mind, both the establishment of an additive index with a latent variable construct, and the emphasis on the different latent dimensions have advantages and disadvantages. In this context, the CPS is presented as an additive index, which mainly fulfills content validity. Yet the results of this index show the balance between content and concept validity; between the objective to include all indicators, which might influence presidential power and nevertheless strive for a parsimonious research tool representing the two-dimensional concept of constitutional presidential strength. Concept validity The establishment of an additive index had as its aim to strive for a high criterion-related validity. But considering Fortin’s observation on the problems with one latent variable construct, a factor analysis allows discovery of the underlying structure of the measured data, meaning the structure that produces correlation covariance in the data. Principal axis-factor analysis explores the underlying structure rather than to confirm theoretical dimensions developed a priori. Therefore, the goal is to explain as much of the discovered groups of bivariate correlations by means of as few latent constructs as possible. With the reduction of non-correlated variables (RJUDREV RGI RLEGCRI RDECREE RNOMPM RDEMPM RCABI RCOMMAF RDECLSE = Rank of Indicators, see Data Annex) one can group the remaining indicators along 2 latent variables (factors). Table 4 Rotated Factor Matrix With this two-dimensional model a very distinct indicator structure can be found, which follows the arguments by Fortin (2013) and Krouwel (2003) in favor of concentrating on a high internal consistency of the index. Factor 1 consists of legislative veto, legislative initiative, role in the cabinet and command of the armed forces, whereas Factor 2 includes demission of prime minister and declaration of state of emergency (to treat an indicator loading on a factor, it has to be + or – 0.500) (Backhaus u.a. 2011:389). As α for the four indicators in factor 1 is .74, it is safe to combine them to one variable. Based on these two variables researchers can adapt the Index of CPS to yield high concept validity. Content validity Although Booysen argues that in cases "(w)here the correlation between components and index scores or variable and component scores is especially weak, the specific components or variables may be excluded from the index" (Booysen 2002:130), this definition of validity is too narrow. By working against this argument and including indicators that do not have a high correlation with the overall concept or a high correlation with each item, content validity was maximized for the CPS index. With the selection of its indicators, which include both established indicators from other tools and indicators with an assumed influence based on the specifics of parliamentary systems, the index of CPS shows validity in construct as well. Therefore, analyzing internal consistency with a reliability test for all 14 indicators with Cronbach's α (in this case 0.653, including all indicators) provides one possibility. For a research project based on empirical data on an ordinal scale this is a considerably high value (although a value of > 0.700 would have been better) taking into account that for some indicators the equivalence in their values has to be considered. This problem of equivalence between the indicators is a problem which should be discussed for all measurement tools with ordinal scales, including the indicators of the CPS introduced in the present article. But whereas other indices claim to measure presidential power, the index of CPS is clearly focused on constitutional competences. This means that the observations measured by the described indicators are for that reason “stated in a standard language” […] and consistently applied” (Przeworski & Teune 1970:96-97). Different indicators can have a different impact depending on the political context, for example the right to declare war. This power has a completely different meaning in Austria than it does in France. For instance, Tavits (2009a) attempts to include the idea of the different weighting of indicators by measuring competences and then halving the value in countries without direct election (similar to Armingeon & Careja 2007). However, this weighting decision seems subjective and neither analytically nor empirically justifiable. In this light, the CPS does not weigh indicators differently. This would be a decision increasing the danger of limited awareness as described earlier, as a weighting would always be based on the empirical knowledge of different countries and therefore highly subjective. Measuring impact too often results in a lacking equivalence between indicators. This has a similarly severe impact on further statistical usage as the ordinal scale level might have. Measuring constitutional competences, like the index of CPS, means applying a “standard language” (Przeworski & Teune 1970:96) and avoiding this problematic aspect of validity. Differences from other measurement indices In light of these results, the measurement shows substantial differences from established measurement tools. Contrary to, for example, Shugart and Carey (1992) or Roper (2002), it yields different findings concerning the degree of presidential power based on the median president. As the overview in table 3 demonstrates, critique of Duverger’s proposition on the analysis of semi-presidential systems - "(s)imilarity of rules, diversity of games [...]" (Duverger 1980:167) - can be confirmed. Additionally, it is evident that a more precise measurement of constitutional power yields more insight into different presidential institutions from a comparative perspective. Listed in this table are the three main measurement indices of presidential power, all measured with different scales and a different number of indicators, making a comparison difficult. However, comparing the parameterized measurement results does provide a clear overview of the following indices: Shugart and Carey (1992), Metcalf (2000), Roper (2002), and the newly established index of CPS: Table 5 Parametrized overview These differences demonstrate the sometimes limited capacity of the three other indices to yield satisfying data on lower power levels, are evident for Ireland (0.25 CPS) and Bulgaria (0.20/0.32 CPS), for example. Both are valued with 0 points by Shugart and Carey (1992) and 0.09 points by Metcalf (2000), even though it is clear that both presidents have constitutional powers - e.g. in Ireland to decide on a referendum (Art. 27 and 47) or in Bulgaria with a legislative veto - that could be overruled by a simple majority (Art. 101) and, since 2003, by an absolute majority. For Romania, Shugart and Carey (1992) and Metcalf (2000) measure the presidential power as a minimal degree of 0.10/0.20. The index of CPS is therefore nearer to Ropers’ (2002) results in general, but still values presidential power at 0.13 more. A similar observation can be made for France, Macedonia, Peru, Croatia and Poland, for which the measurement results of the CPS index and Shugart and Carey (1992) differ substantially. In most compared cases, the CPS measures more constitutional presidential power than Shugart and Carey (1992) do with their initial measurement index (without the revisions by Shugart 1996). Conclusion This article presents the index of CPS, a new way of measuring presidential power putting emphasis on the president as a significant player in non-presidential systems. With the proposed balance of content and concept validity and the possibility for other researchers to decide which data to use, the index of CPS offers methodologically and empirically sound paths for further research on presidential power.9 To enhance comparative statistical research the adapted version of the Index of CPS yields high concept validity and with this allows real comparative claims. Whereas with the additive index of CPS (with a relatively high Cronbach's α) researchers have the opportunity for further descriptive studies. Both allow a coherent and comparable perspective on constitutions and constitutional competences. This is crucial in order to make it possible for unusual constellations in constitutional reality to be discovered, described and explained. Additionally, with this index some of the common assumptions concerning presidential power in non-presidential systems can be evaluated, e.g. the consistency of system typologies based on direct election. Moreover, following a traditional path of transformation literature, accurate assertions on the influence of certain political systems on democratization depend on a correct categorization of system types. Especially the two-dimensionality of the revised index allows precise assertions concerning the effect of different variables on democratic consolidation. Research discussing consolidation of democratic systems and debating the influences of historical legacies, modes of transition, type of autocratic and pre-autocratic system already has a variety of ideas on how institutions influence this process. To the same end constitutional choices in the process of democratization are by no means without influence, although there is no consensus among political scientists about which political system is the “best” to foster the process of democratization. This considered the role of a certain type of political system in enhancing democratic consolidation can still be discussed. Either following Linz’ work (Linz 1994) on the worrisome effects of semi-presidentialism for democratic consolidation or explicitly arguing against it, most researchers in transformation literature have a very distinct opinion on the advantages and disadvantages of parliamentary and semi-presidential systems in democratic consolidation. It should be the purpose of further research to discuss the advantages of a certain constellation of constitutional competences. 9 The index of CPS has some inconsistencies for the measurement of purely presidential systems. Yet an adaption of Shugart and Carey (1992) with a parametrized comparison of the index presented here allows a comparative view of both systems and possible sub-types. Following this traditional path of transformation literature on the role institutions play in democratic consolidation, accurate assertions about the influence of certain political systems on democratization depend on a correct categorization of system types. 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Tables Table 1 Variables and Indicators Basic Level Secondary Level Legislative Competences Indicator Level (all cue) Veto Legislative Initiative Judicial Review Decree Power Referendum Decree Power during State of War/Emergency Constitutional Strength Administrative (or Nonlegislative Competences, Shugart & Carey 1992; Metcalf 2002) Nomination Prime Minister Demission Prime Minister Dissolution Assembly Cabinet Meetings Command Armed Forces Countersignature Nomination Constitutional Court Judges Declaration State of War/Emergency/Siege Table 2 Measurement results for 46 countries in 2011 Countries SUMps ELECTION Albania 22.33 0 Austria 9.67 1 Bangladesh 28 0 Bulgaria 19.67 1 Croatia 24 1 Czech Republic 15 0 Estonia 21.33 0 Finland 16 1 France 31 1 Georgia 41.17 1 Germany 9 Greece 14.67 0 0 Guyana 37 1 Hungary 18 0 Iceland 21.67 1 India 19.33 0 Ireland 15.33 1 Israel 10.5 0 Italy 14 0 Latvia 21.33 0 Lithuania 20.17 1 Macedonia 21 1 Mali 26.33 1 Malta 16 0 Mauritius 19.33 0 Moldova 26.33 0 Mongolia 19.67 1 Montenegro 20.83 1 Mozambique 49 1 Namibia 22.67 1 Niger 26 1 Peru 31.5 1 Poland 24.67 1 Portugal 19 1 Romania 25.83 1 Sao Tome Principe 24 1 Senegal 42.33 1 Serbia 27.17 1 South Korea 18 1 Slovakia 26.5 1 Slovenia 17.83 1 Tanzania 34.33 1 Trinidad Tobago 22.33 0 Turkey 27.83 1 Ukraine 31 1 Vanuatu 11 0 Median President 21.33 SUMps = Sum of presidential strength, 0=indirectly elected, 1=directly elected Table 3 Results of the index of CPS as Overview N Minimum SUMps 46 9.00 Valid N (listwise) 46 SUMps = Sum of presidential strength Maximum Mean Std. Deviation 49.00 23.0359 8.48315 Table 4 Rotated Factor Matrixa Factor Rank of VETO Rank of JUDRE Rank of LEGI Rank of REF Rank of LEGCR Rank of DECREE Rank of NOMPM Rank of DEMPM Rank of DISSASS Rank of CABI Rank of COUNT Rank of COMMA Rank of DECSE Rank of NOMCCJ 1 2 .720 .414 .602 .498 .377 .404 .114 .020 .084 .524 -.060 .533 .314 -.040 .071 -.248 .134 -.398 .183 -.081 .406 .579 .212 .164 .118 .116 .573 .447 Extraction Method: Principal-Axis Factoring. Rotation Method: Varimax with Kaiser Normalization. a. Rotation converged in 3 iterations. Table 5 Parametrized Overview Shugart/Carey Metcalf Roper CPS Differences Countries Parametrized (40) Parametrized (44) parametrized (24) parameterized (56)Shugart/Carey Ireland 0.00 n.a. n.a. 0.25 0.25 Bulgaria (1991) 0.00 0.09 n.a. 0.20 0.20 Bulgaria (2003) n.a n.a. n.a. 0.32 Romania 0.10 0.20 0.29 0.42 0.32 France 0.13 0.20 0.25 0.50 0.38 Peru 0.23 0.51 0.28 Iceland 0.28 0.67 0.26 0.08 Finland 0.20 0.18 0.29 0.27 0.07 Lithuania n.a. 0.04 0.33 Austria 0.13 0.11 0.21 0.16 0.04 Macedonia 0.05 0.07 0.34 0.29 Korea (1948) 0.25 0.21 -0.04 Korea (1987) 0.38 0.29 -0.09 Namibia 0.30 0.36 0.06 Portugal (1976) 0.33 0.27 -0.06 Portugal (1982) 0.19 0.29 0.30 0.12 Croatia 0.15 0.18 0.39 0.24 Poland 0.10 0.18 0.33 0.38 0.28 Slovenia n.a. 0.07 0.13 0.31 Moldova n.a. 0.29 0.39 Source: {Shugart 1992 #101}, {Metcalf 2000 #60}, {Roper 2002 #28} and author Differences Metcalf Differences Roper 0,25 0.11 0.22 0.30 0.09 0.05 0.27 0,13 0,25 -0,31 -0,02 0,29 -0,05 0,01 0.21 0.19 0.24 0,04 0,19 0,10 Annex Indicators and Coding Decisions Legislative power (xlg) Administrative (Non-legislative) Power (xad) - Veto (no package) 4 Veto needs > 3/5 majority to be overruled 2 absolute majority; referendum [unclear majority is assumed as the same majority as passed first] 1 relative majority; countersignature required [responsible minister, Prime Minister or Cabinet should be treated similarly] 0 no Veto Appointment of Prime Minister 4 President appoints Prime Minister without consent or cooperation 3.5 President appoints Prime Minister with subsequent consent; if Parliament withholds assent, president has the power to dissolve parliament (as from 2nd attempt) 3 President appoints Prime Minister with subsequent consent 2 President appoints Prime Minister in cooperation (Prime Minister needs consent of the Parliament); Prime Minister does not have the confidence of the Parliament in the first round; the one nominated in the second round must be appointed Minister (without a majority, President can appoint him/her or dissolve Assembly); President appoints, no direct assent by the Parliament required, but immediately the possibility to declare no confidence 1 President appoints, but has the possibility to withhold assent (without the possibility to dissolve assembly) 0 President does not appoint Prime Minister; or has to appoint the candidate, supported by the majority from the Parliament Submit initiatives to the Supreme Court 4 unlimited and independently 2 alone but limited to certain policy areas; several institutions have the same right 1 several institutions together 0 no [cases with a diffuse Supreme Court/Constitutional Court] - Legislative Initiative 4 yes 2 yes, President has the right, but only in cooperation with other institutions; countersignature [responsible minister, Prime Minister or Cabinet should be treated similarly] 0 no - Decree power (own legislation power) 4 yes 3 limited to certain policy areas 0 no - Declaration Referendum 4 Only president 3 President and other institutions (independent from each other) 2 President and other institutions (in cooperation) 1 Referendum automatically in connection with a veto by the president; President declares only the date; Only with countersignature [responsible minister, Prime Minister or Cabinet should be treated similarly] 0 no Legislation during state of war/emergency 4 alone without consent of Parliament 3 alone with subsequent consent of Parliament 2 in cooperation with Cabinet without consent Parliament 1 in cooperation with Cabinet with subsequent consent Parliament 0 no Demission Prime Minister 4 President can dismiss Prime Minister independently 3 President can dismiss Cabinet with a stable majority in cooperation 2 President initiates demission but needs cooperation with parliament 1 Cabinet can only be dismissed by a vote of no confidence, but President has to assent; or Countersignature [responsible minister, Prime Minister or Cabinet should be treated similarly] 0 no - Dissolution Assembly 4 only President can dissolve Assembly 3 Cooperation with president of the Assembly 2 OPTION: confirmation of vote of no confidence; countersignature [responsible minister, Prime Minister or Cabinet should be treated similarly] 1 OBLIGATION: confirmation of vote of no confidence; countersignature [responsible minister, Prime Minister or Cabinet should be treated similarly] 0 no - Participation Cabinet Meeting 4 yes, as chief 3 yes, as chief for certain policies; can initiate a meeting 1 yes, as participant 0 no - Supreme Commander of the Armed Forces 4 yes, always 3 not in the state of war, but appoints the party responsible 2 not in the state of war, but takes part in the sessions of the Security Council 1 yes, always, but with countersignature [responsible minister, Prime Minister or Cabinet should be treated similarly]; yes, always, but active responsibility with the Cabinet 0 no - Nomination Supreme Court Judges 4 alone, more than ½ without countersignature 3 President nominates <1/2 but > than 1/3; only Parliament nominates the other judges 1 yes, always, but with countersignature 1/3 president; or in cooperation with Cabinet/Parliament; or Countersignature [responsible minister, Prime Minister or Cabinet should be treated similarly] 0 no - Declaration of war/emergency 4 yes, without consent 3 yes, with subsequent consent of Parliament 2 no, but in case of emergency with consent of cabinet and subsequent consent of Parliament 1 yes, on the initiative of the Cabinet and with consent of Parliament 0 no - Countersignature 4 no; only for declaration of emergency 3 only for formal acts (nomination diplomatic corps, etc.) 2 every decision, apart from nomination of the Prime Minister and Dissolution of the Assembly 1 every decision in major policy areas 0 every decision 32
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