Bicameralism and Policy Performance: The Effects of Cameral Structure in Comparative Perspective ADRIAN VATTER This article addresses the relationship between cameral structure and policy perform- ance in the member states of the OECD for the time period from 1971 to 1996. The empirical analysis shows that bicameral structures act as a significant brake on govern- ment intervention and o n the expansion of the welfare state. Furthermore, bicameralism is a powerful veto player to block reforms in economic and financial policy. With the exception of the over-representation of small and sparsely populated areas, none of the advantages that classical political theory ascribes to second chambers has actually been confirmed. Bicameral structures pose no barrier to executive dominance, nor do they promote stability within political systems or improve the quality of democracy or econ- omic performance. On the contrary, with regard to social representation, they have a strong negative effect: in comparison to systems with a single chamber, bicameralism significantly reduces women’s electoral success. Parliament is the centrepiece of modern constitutional states and its design sti ll bel ong s to the ele men tar y dec isi ons of con stit uti ona l ref ormers. 1 One of the fore most inst itu ti onal cons ider at ions is the questi on of whet her a national parliament should have one or two chambers. The controversy over the spirit and purpose of a second parliamentary chamber is not new at all; it is one of the classic debates in the history of political theory. Scholars like Charles-Louis de Montesquieu, Alexis de Tocqueville, and the fathers of the American Constitution, especially Thomas Jefferson, were fervent sup- porters of a bicameral legislature, while representation theorists such as John Stuart Mill and Abbe ´ Sie ` yes expressed considerable scepticism with regard to their usefu lness. 2 One only has to take a look at the new democracies in Easte rn Eu rop e to se e th at ev en toda y no uni fo rm solution has been adopted. Hungary, Bulgaria, the Ukraine, and Belorussia have a unicameral leg isla tur e, whe rea s Pol and, Romani a, Cro ati a, the Cze ch Republ ic, and Russia have opted for dual cameral structures. 3 The different assessments ofth e ad va nt ag es and di sa dv anta ge s of one or two ch ambe rs in the ne w Adrian Vatter is Professor of Political Science at the University of Konstanz. The Journal of Legislative Studies, Vol.11, No.2, Summer 2005, pp.194–215 ISSN 1357-2334 print=1743-9337 online DOI: 10.1080=13572330500158607 # 2005 Taylor & Francis Group Ltd
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This article addresses the relationship between cameral structure and policy perform-ance in the member states of the OECD for the time period from 1971 to 1996. The
empirical analysis shows that bicameral structures act as a significant brake on govern-ment intervention and on the expansion of the welfare state. Furthermore, bicameralismis a powerful veto player to block reforms in economic and financial policy. With theexception of the over-representation of small and sparsely populated areas, none of theadvantages that classical political theory ascribes to second chambers has actually beenconfirmed. Bicameral structures pose no barrier to executive dominance, nor do theypromote stability within political systems or improve the quality of democracy or econ-omic performance. On the contrary, with regard to social representation, they have astrong negative effect: in comparison to systems with a single chamber, bicameralismsignificantly reduces women’s electoral success.
Parliament is the centrepiece of modern constitutional states and its design
still belongs to the elementary decisions of constitutional reformers.1 One
of the foremost institutional considerations is the question of whether a
national parliament should have one or two chambers. The controversy over
the spirit and purpose of a second parliamentary chamber is not new at all;
it is one of the classic debates in the history of political theory. Scholars
like Charles-Louis de Montesquieu, Alexis de Tocqueville, and the fathers
of the American Constitution, especially Thomas Jefferson, were fervent sup-porters of a bicameral legislature, while representation theorists such as John
Stuart Mill and Abbe Sieyes expressed considerable scepticism with regard to
their usefulness.2 One only has to take a look at the new democracies in
Eastern Europe to see that even today no uniform solution has been
adopted. Hungary, Bulgaria, the Ukraine, and Belorussia have a unicameral
legislature, whereas Poland, Romania, Croatia, the Czech Republic, and
Russia have opted for dual cameral structures.3 The different assessments of
the advantages and disadvantages of one or two chambers in the new
democracies in Eastern Europe have made one thing clear above all: even
today, there is hardly any systematic evidence regarding the effectiveness of
bicameralism, which is why the statements of the supporters and opponents
are correspondingly controversial.4
During the democratisation processes in the twentieth century, the use of a
second chamber was repeatedly fundamentally questioned. New Zealand
(1950), Denmark (1956), Sweden (1971), Iceland (1991), and Scotland
(1999) finally abolished their bicameral legislative structure, and in the
course of the globalisation process the necessity of second chambers has
once again come into doubt. Some critics concluded that the era of integral
bicameralism at the national level was over in Europe.5 Not only do these
scholars blame the two-chamber system for slowing down the decision-
making process, with the consequence that politics is unable to react to thequickly changing economic and social conditions; at the core, they actually
criticise the breaking of the will of the people represented by the first
chamber.
THEORIES AND HYPOTHESES
Two-chamber parliaments have usually been established as a result of insti-
tutional compromise between older and newer claims of legitimacy. It was
either the previously ruling social classes or previously sovereign states andprovinces that were integrated into the new political order by means of bicam-
eral structures in that they were given their own legislative chamber as a com-
pensation for their loss of power. Prominent examples for the class
representation are the second chambers in unitary countries, such as the UK
and Ireland, while the USA and Switzerland have second chambers that typi-
cally represent the territorial units of the federal states.
Given the diverse national path in the development of bicameral legisla-
tures, it is not surprising to find substantial institutional variation. There are
variations in size, legislative term of office, political representation andmode of selection (see Appendix). Because chambers vary especially in size
and in electoral rules, members of each chamber will share characteristics
not shared with their counterparts in the other chamber. What is typical in
this area is that second chambers are almost always smaller than their equiv-
alent first chamber and the terms of office of their members tend to be longer
than in the lower house. However, representatives in the second chamber of
most bicameral systems are not bound to an imperative mandate. Therefore,
over the years, party organisation started to eclipse the originally legitimate
idea of a representation of social classes or regional interests. Today, represen-
tatives in second chambers generally organise themselves in terms of political
B I C A M E R A L I S M A N D P O L I C Y P E R F O R M A N C E 195
The class and territory-based bicameral systems hardly differ from each
other in terms of the party composition of their second chambers. However,
it is apparent from Table 1 that there are systematic differences in party
representation between first and second chambers in bicameral political
systems.
The reason for the different cameral party composition is that in federal
states, small and often rural areas with homogeneous settlement and economic
structures are over-represented in the second chamber. As the voters in rural
and sparsely populated regions have a preference for bourgeois centre
parties of liberal or conservative outlook, so the left is traditionally strong
in urban and densely populated areas, the former predominate systematically
in the seat distribution of the second chamber. Additionally, this effect is
reinforced by the fact that, usually, second chambers are elected accordingto plurality or majority systems and that the number of seats is rather small
(see Appendix). In unitary states, such as the UK and Ireland, it is the
T A B L E 1
A V E R A G E D I F F E R E N C E S I N P A R T Y R E P R E S E N T A T I O N B E T W E E N T H E F I R S T A N D
S E C O N D C H A M B E R I N T H E 1 4 B I C A M E R A L O E C D C O U N T R I E S I N P E R C E N T A G E
Note: The data for Ireland refer to the time periods 1977– 81, 1983– 87 and 1991 – 96.Sources: A.S. Banks (ed.), Political Handbook of the World: Governments and Intergovernmental
Organizations (Binghamton, NY: CSA Publications, several volumes); BinghamptonUniversity: Election Results Archive (http://cdp.binghamton.edu/era/index.html);European Journal of Political Research Political Data Yearbook several volumes;
196 T H E J O U RN A L O F L E G I S L A T I V E S T U D I E S
The Dependent Variables (Performance Indicators)The postulated effects of second chambers needs to be operationalised with
measurable, widely used indicators. Unless otherwise indicated, the data
sources are OECD statistics.19 The main hypotheses have been operationa-
lised as follows.
The first postulated effect of bicameralism is a reduction of state interven-
tion in favour of market forces. It will be measured using the following four
indicators: the growth of government expenditure (ratio of public spending
to Gross National Product); the growth of social welfare expenditure (ratio
of social spending to GNP); the change in the tax burden (ratio of tax loadto GNP); and the growth of the share of public sector employees in the econ-
omically active population. With these four indicators of an increase in state
intervention during the period under consideration, the extent to which liberal
theory of less state and more market applies will be empirically tested.
The second effect is the status quo bias or innovative weakness and inertia
of a political system. There are no common indicators in international com-
parative public policy research to measure this effect. However, there are a
number of studies that analysed and measured reform capacity and innovative
strength of political systems in selected policy areas, constructing relevant
indicators. The hypothesis test is based on four studies: the research done
T A B L E 2
T H E C A M E R A L S T R U C T U R E O F T H E L E G I S L A T U R E S I N 2 1 O E C D C O U N T R I E S
(197 1 – 96)
Incongruent Congruent
Symmetric Strong Bicameralism (4) Medium Bicameralism (3)
Australia, Germany,Switzerland, USA
Belgium, Italy, Japan The Netherlands
Asymmetric Medium Bicameralism (3) Weak Bicameralism (2)Canada, France, Spain UK (2.5) Austria, Ireland
Unicameralism (1)Denmark, Finland, Greece, New Zealand,
Norway (1.5), Portugal, Sweden
Notes: The values in parentheses represent the value on Lijphart’s bicameralism scale. ‘Congru-
ence’ means similarity of political composition and ‘symmetry’ means equal constitutionalpowers of the two chambers. Norway (1.5) has a single chamber system, which is dividedinto two sub-chambers (false mixed system). Even though bicameralism in the UK isincongruent, Lijphart classifies it as medium to weak due to its lack of democraticlegitimacy.
Source: Own compilation based on A. Lijphart, Patterns of Democracy: Government Forms and
Performance in 36 Countries (New Haven, CT and London: Yale University Press, 1999),p.314.
200 T H E J O U RN A L O F L E G I S L A T I V E S T U D I E S
during the 1980s and 1990s; the study by Wagschal21 who constructed an indi-
cator for the degree of reform in tax policy; Wilensky’s22 analysis of inno-
vation in family policy and Estes’23 index of social progress that measures
reforms in areas such as health and education policy.
Third, the degree of division of power between central government and
federal units will be operationalised in line with Castles24 by two indicators:
fiscal centralisation and fiscal difficulty. Fiscal centralisation is equivalent to
central state revenue as a percentage share of total fiscal revenue. Fiscal diffi-
culty, according to Scharpf,25 measures the percentage rate by which the
budget of the central government would have to be increased in order to
achieve a one per cent boost of total demand. The two variables should
reflect the degree to which the federal units succeed in defending the resources
and powers of the lower state levels. Therefore, these indicators show thesuccess of territorial representation and whether there exists a federal counter-
balance to democratic majority rule.
The following indicators have been used to measure the other
hypotheses:
. The hypothesis about the separation of powers – in particular the restraint of
executive power – was operationalised by two indicators: first, Lijphart’s26
index of ‘executive dominance’ and second by Keman’s27 ‘balance’ indi-
cator that measures the power relationship between parliament andcabinet in political systems.
. The hypothesis concerning political stability has been measured by a
number of indicators in the literature.28 For the following analysis, three
indicators have been selected: the frequency of cabinet changes, the level
of political unrest, and strike activity, measured by the number of annually
lost working days per 1000 employees.. The hypothesis regarding minority protection can be exclusively applied to
special regional or territorial minority interests and in particular to the
balance between large and small constituent federal units. This balancewill be measured by the degree of over-representation of small units in
the second chamber. An appropriate measure of inequality is the Gini
Index29 that reflects the proportion between the share of seats in the
second chamber and the represented share of the population.30 On the
other hand, the protection of minorities can be understood in a broader
sense, referring to the integration of cultural and social minorities in
general. Unfortunately, defined that way, minority protection is extraordi-
narily difficult to measure, as there are different forms of ethnic and reli-
gious minorities in each country. In an analogy to Lijphart31 and
Taagepera,32 who use the integration of women in politics as a proxy vari-
B I C A M E R A L I S M A N D P O L I C Y P E R F O R M A N C E 201
strength of women’s representation in the national parliaments as an indi-
cator for non-territorial minority protection.. The last postulated effect assumes that thanks to the second opinion in
bicameral systems the resultant legislation will guarantee greater popular
satisfaction and more economic prosperity. In the tradition of public
policy research, this will be measured using common democratic and econ-
omic performance indicators.33 Democratic performance is operationalised
first by the level of subjective popular satisfaction with the functioning of
the democratic system and of the parliament, as measured in Euro Barom-
eter surveys.34 Second, political performance is measured by Dahl’s35
known index of democracy, which assesses the quality of democracy in a
political system on a six-point scale, using indicators such as freedom of
the press and of assembly, competitiveness of the party system, strengthof parties and interest groups and effectiveness of parliament. Finally, the
measurement of economic performance is based on three key variables:
economic growth, changes in the unemployment and inflation rate.
CONTROL VARIABLES
Whether the bicameralism variable significantly helps to explain more than 20
performance indicators will be tested in regression analyses. The previous
section dealt exclusively with the effects of bicameralism on policy perform-
ance. It is obvious, however, that there are other factors that influence policyand economic performance and which need to be included in a statistical
analysis. In the following, the most important control hypotheses will be pre-
sented briefly.
Comparative public policy research, which is concerned with the determi-
nants and effects of government policy, provides several approaches to explain
differences in policy and economic outcomes. It is worthwhile to consider
them systematically in order to gauge the explanatory power of the bicamer-
alism variable. Broadly speaking, four lines of theory have dominated the
cross-national study of public policy in economically advanced democracies:the institutionalist approach, the partisan theory, the theory of power resources
of organised interests and the hypothesis of socio-economic determination.36
These approaches will be used as control hypotheses.
According to the neo-institutionalist approach, policy differences are
largely attributable to differences in political institutions as well as to differ-
ences in the strategies pursued by interdependent collective actors.37 Political
institutions are decisive for the success or failure of economic and social pol-
icies. One of the most important aspects of institutional arrangements is the
formal and informal modes of conflict resolution. The distinction between
consensus and Westminster democracies plays an especially prominent role
202 T H E J O U RN A L O F L E G I S L A T I V E S T U D I E S
compromise techniques, which often lead to the adoption of packages of
measures in which each party receives some kind of compensation and
where minority interests are considered over-proportionally. Theoretically,
it is therefore to be expected that this process of mutual concessions favours
extensive state intervention with a fully developed tax and welfare state. Over-
sized government coalitions and highly fragmented party systems with numer-
ous cleavages, which are typical features of consensus democracies, promote
expansive social policies. The degree of consensus democracy for the period
from 1971 to 1996 will be measured according to Lijphart’s39 first (executive-
parties) dimension.
According to the partisan theory, the party composition of the cabinet is a
major determinant of variation in policy outcomes in constitutional democra-
cies.
40
The theory states that parties, in exchange for political support, serve asagents for the preferences and ideologies of their voters. It is mainly with
respect to economic and social policy that this hypothesis has been developed
and empirically tested. According to the influential ‘parties do matter’ view,
the strength of the major party of the right makes a significant difference in
social policy by limiting welfare expenditures. Conversely, it is maintained
that the stronger the participation of left-wing parties in the cabinet, the
higher welfare spending will be. The strength of left-wing parties in govern-
ment was selected as a control variable, based on the assumption that social
democratic welfare capitalism has a significant influence on the expansionof the tax and welfare state.41
According to the socio-economic hypothesis – a functionalist approach –
political and institutional factors are subordinate to socio-economic variables.
Public policy is mainly understood as a reaction to structurally generated pro-
blems of social and economic development. The hypothesis that socio-econ-
omic development goes along with increasing social differentiation,
mounting economic wealth as well as social and political modernisation lies
at the heart of this approach. The level of economic affluence, measured by
the GNP of a country, is the most commonly used control variable.In summary, three control variables that reflect the different approaches to
public policy research will be included in the following regression models: the
degree of consensus democracy, the strength of left-wing parties in the gov-
ernment, and the level of economic affluence of a country.
RESULTS
The empirical results are reported in Tables 3–7 and will be commented upon
briefly. The cross-sectional analysis (OLS method) follows the frequently used
two-step approach.42 First, we will calculate bivariate regressions using a large
B I C A M E R A L I S M A N D P O L I C Y P E R F O R M A N C E 203
Note: OLS method; ÃÃ ¼ p , 0.01, Ã ¼ p , 0.05 (two-tailed test); the estimated regression coef-ficients are listed in the first line, the standardised regression coefficients just below in par-entheses. Examinations of tolerance levels indicate no serious multicollinearity.
T A B L E 5
M U L T I P L E R E G R E S S I O N S O F T H E E F F E C T S O F B I C A M E R A L I S M O N S E L E C T E D
P E R F O R M A N C E I N D I C A T O R S I N 2 1 O E C D C O U N T R I E S ( 1 9 7 1 – 9 6 )
D e p e n d e n t V a r i a b l e s : I n d i c a t o r s o f P o l i c y R e f o r m
Note: OLS method; ÃÃ ¼ p , 0.01, Ã ¼ p , 0.05 (two-tailed test); the estimated regression coef-ficients are listed in the first line the standardised regression coefficients just below in par
B I C A M E R A L I S M A N D P O L I C Y P E R F O R M A N C E 205
0.05 (two-tailed test); the estimated regression coef-ficients are listed in the first line, the standardised regression coefficients just below in par-entheses. Examinations of tolerance levels indicate no serious multicollinearity.
T A B L E 7
M U L T I P L E R E G R E S S I O N S O F T H E E F F E C T S O F B I C A M E R A L I S M O N S E L E C T E D
P E R F O R M A N C E I N D I C A T O R S I N 2 1 O E C D C O U N T R I E S ( 1 9 7 1 – 9 6 )
Note: OLS method; ÃÃ ¼ p , 0.01, Ã ¼ p , 0.05 (two-tailed test); the estimated regression coef-ficients are listed in the first line the standardised regression coefficients just below in par
206 T H E J O U RN A L O F L E G I S L A T I V E S T U D I E S
state, the lower state intervention in general and the stronger the persistence in
the status quo in certain policy areas, such as labour market and social policy.
In contrast to the main hypotheses, the majority of the other hypotheses
about the effect of bicameralism have not been corroborated in the bivariate
analysis. The assumption that dual structures restrain executive power has
to be rejected on the basis of the above results (checks and balances variables).
The thesis of greater political stability within bicameral systems has only been
confirmed in part (regime stability variables): on the one hand, there are sig-
nificantly more cabinet changes in unicameral than in bicameral systems, but
the systems do not differ with respect to the extent of political unrest or strike
activity.
The hypothesis of a higher quality of democracy in bicameral systems has
not been confirmed (democratic performance variables). Finally, the thesisthat the second opinion results in better legislation, which will significantly
enhance subjective popular satisfaction with the functioning of democratic
institutions, also lacks empirical foundation.
The bivariate results regarding economic performance of cameral struc-
tures vary (economic performance variables). While there are no differences
in economic growth and unemployment rates, they clearly differ with
respect to inflation rates. According to the bivariate estimations, bicameral
systems are significantly more successful in combating inflation than unicam-
eral systems. However, subsequent multivariate analyses made clear that thiswas a spurious correlation: the differences in combating inflation are rather
due to differences in the degree of central bank independence. National
banks are usually more independent in bicameral than in unicameral
systems, where politics generally exerts a stronger influence, which has a
negative impact on the stability of the monetary value of a currency.43
Mixed results have been obtained regarding the hypothesis that second
chambers fulfil the function of protecting minorities (minority protection vari-
ables). As far as the representation of small territorial units is concerned, the
regression coefficient is highly significant and positive, which demonstratesthat small areas are generally over-represented in bicameral systems. Thus,
one of the fundamental demands of the fathers of the American Constitution
is still met today, namely to strengthen the position of small federal units at the
expense of large and populous ones. At the same time, it becomes clear that
compared to unicameral systems, women are significantly under-represented
in bicameral structures. A comparison of the gender representation between
first and second chambers in European democracies further clarifies this
point. While in the mid-1990s nearly 15 per cent of the representatives in
first chambers were female, the share of women in second chambers was
only about half that, namely 8.7 per cent.44 This under-representation of
B I C A M E R A L I S M A N D P O L I C Y P E R F O R M A N C E 207
representation of bourgeois and conservative parties that are traditionally
dominated by men (see Table 1). Tables 4 to 7 report the influence of the bica-
meralism variable in multiple regression analyses.
The empirical results in Table 4 corroborate the initial hypothesis: the four
indicators of the level of state intervention are all strongly associated with
bicameralism. The bicameralism variable has significant explanatory power
in all of the four regression models. Above all, the second chamber remark-
ably slows down the expansion of government intervention in general and
of the welfare state in particular.45 The thesis that, due to its liberal and con-
servative constellation and its powerful veto position, a strong second
chamber leads to diminished state intervention has thus been confirmed.
The empirical results in Table 5 are mixed. While a strong bicameral struc-
ture effectively limits reforms in areas such as labour market or tax policy,cameral structure is less relevant to innovation in family and social policy.
In these typical areas of welfare policy, the strength of left-wing parties in
the cabinet has a much stronger influence on reforms.
The mixed results mirror the fact that liberal and conservative members of
the second chambers largely agree on employment and tax policy, but not on
welfare and social policy reforms. There is a broad basic consensus that gov-
ernment influence in the areas of economic and financial policy ought to be
limited, whereas in social policy, differences between basic liberal and conser-
vative values emerge more clearly.46
It seems plausible that due to thesedifferent positions of the centre and right-wing parties within the second
chamber, the veto power of bicameral structures will be diluted in these
policy areas.
Table 6 confirms the hypothesis that the degree of decentralisation of a
country is influenced by its cameral structure. Even if other important
control variables are considered in the regression models, the strength of the
second chamber still turns out to be an effective instrument against the increas-
ing centralisation of the state.
The thesis of a stabilising effect of dual cameral structures is, however, notsupported by the empirical findings.47 The case of Australia illustrates that
strong bicameralism can even unfold the opposite effect in parliamentary
systems. Australia’s constitutional compromise between the US model of a
directly elected senate and the Westminster model of a majoritarian party
system led to a prolonged constitutional and government crisis in the mid-
1970s. The presence of different political majorities in the two chambers com-
pletely blocked public policy-making.48 The Australian government had no
choice but to call for new elections, although it had the necessary majority
in the first chamber and was, therefore, sufficiently legitimised following
the logic of the Westminster model. Consequently, in pure parliamentary
208 T H E J O U RN A L O F L E G I S L A T I V E S T U D I E S
1. W.J. Patzelt, ‘Vergleichende Parlamentarismusforschung als Schlussel zum Systemvergleich.Vorschlage zu einer Theorie und Forschungsdebatte’, Zeitschrift fu r Parlamentsfragen, 1(1995), pp.355–85, regards comparative parliamentary research as key to the comparative
analysis of political systems.2. S.S. Schuttemeyer and R. Sturm, ‘Wozu Zweite Kammern? Zur Reprasentation und Funktio-
nalitat Zweiter Kammern in westlichen Demokratien’, Zeitschrift fu r Parlamentsfragen, 3(1992), pp.517–36, at p.518.
3. N. Baldwin and D. Shell (eds.), Second Chambers (London and Portland: Frank Cass, 2001);and W. Merkel, Systemtransformation (Opladen: LeskeþBudrich, 1999).
4. Baldwin and Shell, Second Chambers; G. Tsebelis and J. Money, Bicameralism (Cambridge:Cambridge University Press, 1997), p.1.
5. R.E. Germann, Staatsreform. Der U ¨ bergang zur Konkurrenzdemokratie (Bern, Stuttgart andWien: Haupt, 1994), p.75.
6. Schuttemeyer and Sturm, ‘Wozu Zweite Kammern? Zur Reprasentation und FunktionalitatZweiter Kammern in westlichen Demokratien’, p.528.
7. F.G. Castles, ‘Decentralization and the Post-War Political Economy’, European Journal of Pol-itical Research, 36 (1999), pp.27– 53; D.A. Hibbs, ‘Political Parties and MacroeconomicPolicy’, American Political Science Review, 71(1977), pp.1467–87; A.M. Hicks and D.H.Swank, ‘Politics, Institutions, and Welfare Spending in Industrialized Democracies 1960–82’, American Political Science Review, 86 (1992), pp.658–74; M.G. Schmidt, ‘The Impact of Political Parties, Constitutional Structures and Veto Players on Public Policy’, in H. Keman(ed.), Comparative Democratic Politics (London: Sage Publications, 2002), pp.166 – 84.
8. M. Heger, Deutscher Bundesrat und Schweizer Sta nderat: Gedanken zu ihrer Entstehung,ihrem aktuellen Erscheinungsbild und ihrer Rechtfertigung. Beitra ge zum Parlamentsrecht (Berlin: Duncker und Humblot, 1990).
9. G. Tsebelis, Veto Players: How Political Institutions Work (Princeton, NJ: Princeton
University Press, 2002).10. Tsebelis and Money, Bicameralism, p.75.11. Heger, Deutscher Bundesrat und Schweizer Sta nderat: Gedanken zu ihrer Entstehung, ihrem
aktuellen Erscheinungsbild und ihrer Rechtfertigung. Beitra ge zum Parlamentsrecht , p.127;and L. Trivelli, Le bicame ralisme: Institutions compare es: Etude historique, statistique et cri-tique des rapports entre le Conseil National et le Conseil des Etat (Lausanne: Payot, 1975), p.29.
12. In A. Hamilton, J. Jay and J. Madison, The Federalist (Cambridge, MA: Harvard UniversityPress, 1961), No.10, 62 and 63, James Madison showed himself convinced of the stabilitypromoting effect of bicameral structures. See also Tsebelis and Money, Bicameralism.
13. This is where the game theory argument by W.H. Riker, ‘The Justification of Bicameralism’, International Political Science Review , 13/1 (1992), pp.101– 16, ties in. He claims bicameral-ism to be an effective institution to preclude cyclical majorities and, thus, a protection against
tyrannical majority decisions.14. Tsebelis and Money, Bicameralism, p.27.15. Montesquieu in particular justifies the two-chamber system with the protection of certain
social groups: ‘permettre une meilleure representation des differents corps de la nation’(cited by Trivelli, Le bicame ralisme: Institutions compare es: Etude historique, statistiqueet critique des rapports entre le Conseil National et le Conseil des Etat , p.31).
16. A. Przeworski and H. Teune, The Logic of Comparative Social Inquiry (New York: Wiley,1970), p.34.
17. A. Lijphart, Patterns of Democracy: Government Forms and Performance in 36 Countries
(New Haven, CT and London: Yale University Press, 1999), p.314.18. J.P. Colomer, Political Institutions in Germany (London: Routledge, 1996); E. Huber,
C. Ragin and J. D. Stephens, ‘Social Democracy, Christian Democracy, Constitutional Struc-
ture, and the Welfare State’, American Journal of Sociology, 99/3 (1993), pp.711– 49; andM.G. Schmidt, Demokratietheorien (Opladen: Leske & Budrich, 1996).
19 J E L D M K d K N t P liti l D t H db k OECD C t i (O f d
B I C A M E R A L I S M A N D P O L I C Y P E R F O R M A N C E 211
20. G. Tsebelis, ‘Veto Players and Law Production in Parliamentary Democracies: An EmpiricalAnalysis’, American Political Science Review, 93/3 (1999), pp.591–605, at p.605.
21. U. Wagschal, ‘Schranken staatlicher Steuerungspolitik: Warum Steuerreformen scheiternkonnen’, in A. Busch und T. Plumper (eds.), Nationaler Staat und internationale Wirtschaft (Baden-Baden: Nomos, 1999), pp.223–47, at p.237.
22. H.L. Wilensky, ‘Common Problems, Divergent Policies: An 18-Nation Study of FamilyPolicy’, Public Affairs Report , 31 (1990), pp.1–3; and H.L. Wilensky, Rich Democracies:
Political Economy, Public Policy, and Performance (Berkeley, CA: University of CaliforniaPress, 2002).
23. R.J. Estes, The Social Progress of Nations (New York: Praeger, 1994).24. Castles, ‘Decentralization and the Post-War Political Economy’, p.34.25. F.W. Scharpf, Optionen des Fo deralismus in Deutschland und Europa (Frankfurt a. M.:
Campus, 1994).26. Lijphart, Patterns of Democracy: Government Forms and Performance in 36 Countries,
p.324.27. H. Keman, ‘Federalism and Policy Performance: A Conceptual and Empirical Enquiry’, in
U. Wachendorfer-Schmidt (ed.), Federalism and Political Performance (London andNew York: Routledge, 2000), pp.196–227, at p.205.
28. See M. Freitag, Politik und Wa hrung. Ein internationaler Vergleich (Bern, Stuttgart andWien: Haupt, 1999).
29. The Gini Index reflects the degree of over-representation of small territorial units in thesecond chamber (that is, the proportion between the share of seats in the second chamberand the represented population share). It ranges from 0 to 1, with 1 indicating completeinequality and 0 complete equality.
30. Lijphart, Patterns of Democracy: Government Forms and Performance in 36 Countries,p.208.
31. Lijphart, Patterns of Democracy: Government Forms and Performance in 36 Countries,p.280.
32. R. Taagepera, ‘Beating the Law of Minority Attrition’, in W. Rule and J. Zimmerman (eds.),Electoral Systems in Comparative Perspective: Their Impact on Women and Minorities(Westport: Greenwood, 1994), pp.236 – 45, at p.244.
33. Based on a cursory comparison of the UK and the USA, Riker, ‘The Justification of Bicamer-alism’, pp.114 ff, appears to be strongly convinced that the existence of a powerful secondchamber will result in a higher quality of democracy and in stronger economic growth.
34. See H.-D. Klingemann and D. Fuchs, Citizens and the State: Beliefs in Government (Oxford:Oxford University Press, 1995), p.304.
35. R.A. Dahl, Polyarchy: Participation and Opposition (New York: Garland Publishing, 1991).36. Schmidt, Demokratietheorien; and Schmidt, ‘The Impact of Political Parties, Constitutional
Structures and Veto Players on Public Policy’.37. P.A. Hall, Governing the Economy: The Politics of State Intervention in Britain and France
(New York: Oxford University Press, 1986; P.A. Hall and R.C. Taylor, ‘Political Science andthe Three New Institutionalisms’, Political Studies, 44/5 (1996), pp.936– 57; E.M. Immergut, Health Politics: Interests and Institutions in Western Europe (Cambridge: Cambridge Univer-sity Press, 1992); and K.R. Weaver and B.A. Rockman, Do Institutions Matter? Government Capabilities in the United States and Abroad (Washington: Brookings Institution, 1993).
38. Lijphart, Patterns of Democracy: Government Forms and Performance in 36 Countries.
39. Lijphart, Patterns of Democracy: Government Forms and Performance in 36 Countries,p.312.
40. Castles, ‘Decentralization and the Post-War Political Economy’; Hibbs, ‘Political Parties andMacroeconomic Policy’; Hicks and Swank, ‘Politics, Institutions, and Welfare Spending inIndustrialized Democracies 1960–82’; and Schmidt, ‘The Impact of Political Parties, Consti-tutional Structures and Veto Players on Public Policy’.
41. A further line of theory that has been mentioned is the hypothesis of power resources of organ-ised interests. A common indicator here is the strength of the trade unions in a country.H thi i di t i t l l t d ith th t th f l ft i ti i
212 T H E J O U RN A L O F L E G I S L A T I V E S T U D I E S
42. This two-step approach corresponds with the one used in international comparative researchon the performance of political institutions. See in detail for example M. Coppedge, ‘DistrictMagnitude, Economic Performance, and Party-System Fragmentation in Five Latin AmericanCountries’, Comparative Political Studies, 30 (1997), pp.156– 85, at p.160; and Lijphart, Pat-terns of Democracy: Government Forms and Performance in 36 Countries.
43. The degree of bicameralism and the index of central bank independence, defined by Freitag,Politik und Wa hrung. Ein internationaler Vergleich, p.108, on the basis of expert opinions forthe period from 1970 to 1990 (with 1 ¼ maximum independence; 3 ¼ minimum indepen-dence), are correlated by -0.53 (N ¼ 18). In a multiple regression analysis to explain differ-ences in inflation between the countries, the index of central bank independence is highlysignificant, whereas the bicameralism indicator loses its significance.
44. Inter-Parliamentary Union, Women in Parliaments 1945–1995: A World Statistical Survey(Geneva: IPU, 1995), p.48.
45. The bicameralism variable remains highly significant for the explanation of differences inwelfare expenditure even if further common control variables, such as the age structure of a country (measured by the proportion of people aged over 65 in the entire population), areincluded in the model.
46. K. van Kersbergen, Social Capitalism: A Study of Christian Democracy and the Welfare State(London: Routledge, 1995). See also Herbert Kitschelt’s, The Transformation of EuropeanSocial Democracy (Cambridge: Cambridge University Press, 1994), new conception of what ‘left’ and ‘right’, ‘liberal’ and ‘conservative’ policies mean in advanced industrialsocieties. According to Kitschelt, liberal and left political visions are oriented towards redres-sing the institutional balance among principles of social order in favour of the realisation of those values that have been ignored in the existing social order, whereas conservative-author-itarian and right visions, in contrast, defend dominant values and organisational correlates of the existing society.
47. Numerous studies indicate that government stability depends much more on institutionalfactors, such as the electoral and party systems (fragmentation and polarisation) and the
type of government coalition. See P. Warwick, Government Survival in Parliamentary Democracies (Cambridge: Cambridge University Press, 1995).48. Schuttemeyer and Sturm, ‘Wozu Zweite Kammern? Zur Reprasentation und Funktionalitat
Zweiter Kammern in westlichen Demokratien’, p.527.49. The effect of bicameralism remains significant even if further variables are controlled for, like
for example the degree of disproportionality of the electoral system and the female share of the economically active population – the two factors that, according to R.E. Matland,‘Women’s Representation in National Legislatures: Developed and Developing Countries’, Legislative Studies Quarterly, 23/1 (1998), pp.109– 25, are the most important determinantsof women’s representation in national parliaments.
A P P E N D I X
O V E R V I E W O F T H E S T R U C T U R E S O F T H E S E C O N D C H A M B E R S
I N T H E 1 4 B I C A M E R A L O E C D C O U N T R I E S
Country SizeTerm
(years) Congruence Mode of Selection (Method of Election)
Australia 76 6 No Half of the members are elected every 3years; except for 4 senatorsrepresenting the federal territories whoserve only 3-year-terms; each of the 6
states elects 12 senators by proportionalrepresentation.
B I C A M E R A L I S M A N D P O L I C Y P E R F O R M A N C E 213
(years) Congruence Mode of Selection (Method of Election)
Austria 64 5-6 Yes The state parliaments send a number of delegates to the upper house based onstate’s population; federal councillorsserve terms corresponding to the termof the state legislature.
Belgium 71 4 No 40 members are popularly elected; 31members are indirectly chosen withinthe Dutch and French-speakingcommunities or are co-opted from theroyal family.
Canada 104 Life No Appointed by governor-general on the
recommendation of the prime minister;senators are expected to retire at 75;equal representation is accorded eachof the country’s main regions.
France 321 9 No One-third indirectly elected every 3 years;senators are chosen by popularlyelected electoral colleges in eachdepartment, the number of seats basedon department population; election bymajority in departments with 4 senatorsor less, by proportional representationin departments with 5 or more senators.
Germany 69 Varies No Appointed by the 16 Lander (state)governments; terms are not fixed, butdepend on the office-holding of thestate governments.
Ireland 60 5 Yes 49 elected indirectly by functional oroccupational groups, 11 appointed bythe prime minister.
Italy 326 5 Yes 315 directly elected; 9 appointed by thePresident of the Republic, 2 ex-officiomembers (former Presidents); majorityvote for 75% of the seats, proportional
representation for 25%.Japan 252 6 Yes Half directly elected every 3 years, 152from the prefectures and 200 from thecountry at large.
Netherlands 75 4 Yes Chosen by members of provincialcouncils.
Spain 257 4 No 208 elected directly from 52 multi-member constituencies in theprovinces, Ceuta, and Melilla; 49indirectly elected by the legislativeassembly of the 7 autonomouscommunities.
(Table continued )
214 T H E J O U RN A L O F L E G I S L A T I V E S T U D I E S
(years) Congruence Mode of Selection (Method of Election)
Switzerland 46 4 No Two members directly elected from eachof 20 cantons; 1 member elected fromeach of 6 half cantons.
UnitedKingdom
697 Life No 92 hereditary peers; 579 life peers; 26clergy.
UnitedStates
100 6 No Two senators elected in each of the 50states by direct popular vote; one-thirdelected every two years.
Sources: S.C. Patterson and A. Mughan, ‘Fundamentals of Institutional Design: The Functions andPowers of Parliamentary Second Chambers’, The Journal of Legislative Studies, 7/1
(2001), pp.39–60; G. Tsebelis and J. Money, Bicameralism (Cambridge: CambridgeUniversity Press, 1997).
B I C A M E R A L I S M A N D P O L I C Y P E R F O R M A N C E 215