Social and Behavioral Sciences Commons^™

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Errol Meidinger

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

The Public Sphere As Site Of Emancipation And Enlightenment: A Discourse Theoretic Critique Of Digital Communication, David Ingram, Asaf Bar-Tura

David Ingram

Habermas claims that an inclusive public sphere is the only deliberative forum for generating public opinion that satisfies the epistemic and normative conditions underlying legitimate decision-making. He adds that digital technologies and other mass media need not undermine – but can extend – rational deliberation when properly instituted. This paper draws from social epistemology and technology studies to demonstrate the epistemic and normative limitations of this extension. We argue that current online communication structures fall short of satisfying the required epistemic and normative conditions. Furthermore, the extent to which Internet-based communications contribute to legitimate democratic opinion and will formation depends …

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of …

Introduction: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry

Rod Smolla

No abstract provided.

The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan

Ruth Buchanan

This commentary draws out and elaborates upon some of the more challenging aspects of Professor Tully's sophisticated taxonomy of the relationship between modern constitutional forms and constituent powers. Tully's article reveals the historical particularities of these formations, and at the same time encourages the reader to think beyond them, towards the potentially uncategorizable realm of democratic constitutionalism. Yet, how is it possible to use a taxonomy of modern constitutional democracy as a means of understanding what ties in the uncharted territory beyond? This commentary further explores to what extent this paradoxical modern configuration of constituent powers and constitutional forms may …

A Quantum Congress, Jorge R. Roig

Jorge R Roig

Review Of "Consolidating Taiwan’S Democracy", Su-Mei Ooi

Su-Mei Ooi

The article reviews the book Consolidating Taiwan's Democracy by John F. Copper.

Women's Leadership For Women's Rights And Democracy, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram

David Ingram

Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis: (a) The Muslim religion is incompatible with secular democracy; (b) No Muslim country has instituted secular democracy; and (c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy. Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates …

Rhode Island Helps To Weaken Iranian Regime, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

Examining The Legal And Policy Frameworks Regulating The Behavior Of Politicians And Political Parties In Sierra Leone, Emmanuel Kwesi Aning, Fiifi Edu-Afful

Emmanuel Kwesi Aning

This article critically examines the legal and policy frameworks that exist to regulate the behavior of politicians (elected or appointed) and political parties. More importantly, this article identifies the existing loopholes within the legislation that can pose major threats to the growth of democracy in Sierra Leone. Consequently, the article begins by briefly outlining the legal and institutional frameworks governing political party formation and as well as party financing. Additionally, we review the existing mechanisms for eliciting compliance from all forms of political behavior and reflect the level of commitment -both institutional and structural- that individual politicians and political parties …

Populism, Cas Mudde, Cristobal Rovira Kaltwasser

Cas Mudde

No abstract provided.

Exclusionary Vs. Inclusionary Populism: Comparing The Contemporary Europe And Latin America, Cas Mudde, Cristobal Rovira Kaltwasser

Cas Mudde

Although there is a lively academic debate about contemporary populism in Europe and Latin America, almost no cross-regional research exists on this topic. This article aims to fill this gap by showing that a minimal and ideological definition of populism permits us to analyse current expressions of populism in both regions. Moreover, based on a comparison of four prototypical cases (FN/Le Pen and FPÖ/Haider in Europe and PSUV/Chávez and MAS/Morales in Latin America), we show that it is possible to identify two regional subtypes of populism: exclusionary populism in Europe and inclusionary populism in Latin America.

Technical Relevance And Social Opposition To E-Voting, Fernando Barrientos Del Monte

Fernando Barrientos Del Monte

This paper makes an assessment of the technical and social motivations that drive some governments to promote and implement e-voting mechanisms. Success stories mentioned, especially those in Latin America, and contrasted with those cases where e-voting implementation has failed, as has happened in some European countries. Finally, the relationship between new technologies that promote e-voting and the nature of the elections as a part of democracy is analyzed. It could be argued that voting is not solely a technical exercise, it is an element that merges different political and social elements that e-voting promoters should not ignore.

Direct (Anti-)Democracy, Maxwell L. Stearns

Maxwell L. Stearns

Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums tend to produce outcomes that are more (or less) majoritarian, efficient, or solicitous of minority concerns than traditional legislation. Scholars also embrace opposing views on which law-making mechanism better promotes citizen engagement, registers preference intensities, encourages compromise, and prevents outcomes masking cycling voter preferences. Despite these disagreements, commentators generally assume that the voting mechanism itself renders plebiscites more democratic than legislative lawmaking. This assumption is mistaken. Although it might seem unimaginable that a lawmaking process that directly engages voters possesses fundamentally antidemocratic features, this Article …

Politics And Democratic Consciousness In Modern Iran, Huss Banai

Huss Banai

No abstract provided.

Who's Afraid Of The European Radical Right?, Cas Mudde

Cas Mudde

Many observers of European politics warn that democracy on the continent is in peril. Conservative authors argue that European governments are threatened by a spineless surrender to “Islamofascism,” while liberals fret that Europe is being overtaken by “ghosts of a tortured past,” that is, parties on the “far Right.” Whereas the Islamofascism argument lacks empirical substance and is mostly based on (Islamo)phobia, the “tortured past” claim is largely the result of conceptual confusion and an exaggeration of reality. Neither contem- porary European democracies nor the contem- porary “far Right” groups are similar to their “equivalents” in the 1930s. The contemporary …

From Undemocratic To Democratic Civil Society: Japan's Volunteer Fire Departments, Mary Alice Haddad

Mary Alice Haddad

How do undemocratic civic organizations become compatible with democratic civil society? How do local organizations merge older patriarchal, hierarchical values and practices with newer more egalitarian, democratic ones? This article tells the story of how volunteer fire departments have done this in Japan. Their transformation from centralized war instrument of an authoritarian regime to local community safety organization of a full-fledged democracy did not happen overnight. A slow process of demographic and value changes helped the organization adjust to more democratic social values and practices. The way in which this organization made the transition offers important lessons for emerging democracies …

Andean Left Turns: Constituent Power And Constitution-Making, Maxwell A. Cameron, Kenneth E. Sharpe

Maxwell Cameron

"Cameron and Sharpe begin with the observation that Latin American left turns have occurred within the framework of electoral democracy, and that the concerns about the 'illiberalism' of the left (or indeed of some Latin American democracies generally) are belied by a remarkable commitment to constitutionalism on the part of precisely those leaders who have emerged in countries where liberal and republican institutions have historically been most weak: the Andes. Yet the commitment to constitutionalism can limit the possibilities for fundamental reform. Cameron and Sharpe see the allure of 'constituent power' as a formula for attempting 'foundational' change without revolutionary …

Apathy And The Birth Of Democracy: The Polish Struggle, David S. Mason

David S. Mason

Apathy, from the Greek words meaning "w ithout feeling," is at once a term denoting an individual's impassivity or indifference and a form of collective political behavior. Our concern is the la tter form of apathy in Poland from the Solidarity period of 1980-81 to the present.

Atlantean Prose And The Search For Democracy, Nick J. Sciullo

Nick J. Sciullo

Atlantis, the Lost City, has been a focal point of folklore, archeological inquiry, literary criticism, and mystic interpretation. It has boggled the brilliant, confused scientists, and sparked the interest of children. "Skeptics, archaeologists, geologists, and anthropologists may rant and rave, but the myth of Atlantis endures. In every generation, someone emerges to champion the cause and to embroider the story." But the significance of Atlantean prose as an avenue through which to best understand critical legal thought has not been explored in depth. To be sure, there have been numerous books, articles, and opinions analyzing Atlantis, but little attention has …

A Just Zionism (Book Review) (In Hebrew), Reuven (Ruvi) Ziegler

Dr. Reuven (Ruvi) Ziegler

A book review of Tel Aviv University Professor Chaim Gans' book ‘A Just Zionism: On the Morality of the Jewish State’ (OUP 2008)

Does The Constitutional Process Matter?, Zachary Elkins

Zachary Elkins

Constitution-making is a ubiquitous but poorly understood phenomenon. There is much speculation but relatively little evidence about the impact of different design processes on constitutional outcomes. Much of the debate reduces to the question of who is involved in the process and when. We consider two central issues in this regard. The first is the problem of institutional self-dealing, or whether governmental organs that have something to gain from the constitutional outcome should be involved in the process. The second has to do with the merits of public involvement in the process. Both of these concerns have clear normative implications …

Secrecy And Democratic Decisions, Mark A. Chinen

Mark A. Chinen

Secrecy to protect intelligence sources and methods appears often in the nation’s discourse about controversial national security matters. Often it is asked whether such secrecy is consistent with the nation’s democratic principles and processes. I argue such principles and processes provide a framework through which we try to answer questions about secrecy and indeed legitimate them, but are often too broad to provide definitive guidance in specific cases. At the same time, the sources and methods argument itself is overbroad because of the nature of the sources and methods themselves; the tentative nature of intelligence assessments derived from those sources …

The Militant Protester As Model Citizen, Stephen D'Arcy

Stephen D'Arcy

Argues the militancy is a civic virtue.

Political Polarization And The Electoral Effects Of Media Bias, Mattias K. Polborn, Stefan Krasa, Dan Bernhardt

Mattias K Polborn

Many political commentators diagnose an increasing polarization of the U.S. electorate into two opposing camps. However, in standard spatial voting models, changes in the political preference distribution are irrelevant as long as the position of the median voter does not change. We show that media bias provides a mechanism through which political polarization can affect electoral outcomes. In our model, media firms' profits depend on their audience rating. Maximizing profits may involve catering to a partisan audience by slanting the news. While voters are rational, understand the nature of the news suppression bias and update appropriately, important information is lost …

Democracy And Constitutionalism In Nigeria Under The Fourth Republic, 1999-2007, Shola J. Omotola

Shola J. Omotola Mr

No abstract provided.

Democracia De Masas Y Democracia Constitucional En El Perú Contemporáneo, Jose Luis Sardon

Jose Luis Sardon

No abstract provided.

Out Of The Blue? Democracy And Privatization In Post-Communist Europe, John A. Gould

John A Gould

No abstract provided.