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Full-Text Articles in Social and Behavioral Sciences
What Is Islamic Democracy? The Three Cs Of Islamic Governance, Muqtedar Khan
What Is Islamic Democracy? The Three Cs Of Islamic Governance, Muqtedar Khan
Muqtedar Khan
This book chapter explores the three Cs of Islamic Governance; Constitution, Consultation and Consent.
Legitimation, Mark C. Modak-Truran
Legitimation, Mark C. Modak-Truran
Mark C Modak-Truran
This article identifies three different conceptions of legitimation - pre-modern, modern, and post-secular - that compete both within and across national boundaries for the coveted prize of informing the social imaginary regarding how the government and the law should be legitimated in constitutional democracies. Pre-modern conceptions of legitimation consider governments and rulers legitimate if they are ordained by God or if the political system is ordered in accordance with the normative cosmic order. Contemporary proponents of the pre-modern conception range from those in the United States who maintain that the government has been legitimated by the “Judeo-Christian tradition” to those …
Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz
Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz
Justin Schwartz
Historical materialism has been called in question by the triumph of neoliberalism and the fall of Communism. I show, by consideration of two examples, the 2008 crisis and recent Supreme Court campaign spending First Amendment jurisprudence, that neoliberalism instead vindicates the explanatory power of (non-mechanical and non-deterministic) historical materialism in accounting for a wide range of recent legal developments in legislation, executive (in)action, and judicial decision-making.
Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz
Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz
Justin Schwartz
Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …
Aspectos Democraticos De La Ley De Ordenamiento Territorial Y Usos Del Suelo De La Provincia De Mendoza Nª 8051, Luis Gabriel Escobar Blanco
Aspectos Democraticos De La Ley De Ordenamiento Territorial Y Usos Del Suelo De La Provincia De Mendoza Nª 8051, Luis Gabriel Escobar Blanco
Luis Gabriel Escobar Blanco
In these times when direct forms of democracy burst before formal institutions, the Land Use Planning Law in the Province of Mendoza is presented as valid and democratic alternative, which integrates direct citizen participation with the constitutional representative principle, contemplating identity cultural as a valid indicator for the management modelThis Law Nº 8051 formalizes and concrete the spirit of the quintessential democratic in three principles: government of the people, by the people and for the people. And we add our tradition the principle "the people want to know what it is"
Towards An Impure, Dynamic Concept Of Identity?, Rafael Rodríguez Prieto
Towards An Impure, Dynamic Concept Of Identity?, Rafael Rodríguez Prieto
Rafael Rodríguez Prieto
We live in homogenizing times, in an increasingly globalized world; at the same time, we are witnessing an era of ferocious particularities and rabid individualism. Both trends—rooted in essentialisms of identity—deny entire populations the opportunity to emancipate themselves and participate in self-government. Universalizing (or imposing a specific hierarchy of values and ideas on others) is as dangerous as refusing to recognize the role other values and ideas play in shaping one’s own value set. This paper will take a closer look at the notion of identity through the looking glass of globalization.
The Challenges Of Electoral Process Institutions Of The Zanzibar And Union Elections Of 1995, 2000 And 2005: Anything New With The Election Expenses Act, 2010?, Conrad John Masabo Mr.
The Challenges Of Electoral Process Institutions Of The Zanzibar And Union Elections Of 1995, 2000 And 2005: Anything New With The Election Expenses Act, 2010?, Conrad John Masabo Mr.
Conrad John Masabo Mr.
Though it is true that elections alone do not guarantee proper functioning of democracies, they are the most convenient means of effecting orderly political successions of office bearers. But for elections to become credible instruments to political succession its adherence to the rules of the game as well as procedures which had been agreed upon by players themselves. In that regard the constitutional and legal framework governing the electoral processes have been always central and among the fundamental issues during elections. They thus constitute most important decrees in setting conditions under which elections are conducted in a country. This paper …
Formal Democracy, Structural Violence, And The Possibility Of "Perpetual Peace.", Andrew Pierce
Formal Democracy, Structural Violence, And The Possibility Of "Perpetual Peace.", Andrew Pierce
Andrew J. Pierce
In this paper, I revisit and evaluate Kant’s prerequisites for “perpetual peace,” including the claim, central to contemporary political rhetoric, that formal democracy produces peace. I argue that formal democracy alone is insufficient to address the kinds of deep-rooted structural violence that ultimately manifest in terrorism and other forms of direct violence. I claim that the attempt to eliminate structural violence, and so achieve real “perpetual peace,” requires a more substantive sort of democracy, of which the United States and the West remain poor examples. It requires a political critique that goes deeper than just the critique of state power …
Opinion Polls And Presidential Campaign In Colombia, Fernando Estrada
Opinion Polls And Presidential Campaign In Colombia, Fernando Estrada
Fernando Estrada
The polls, these surveys do not withstand any rigorous testing. And contrary to expand the formation of public opinion, impaired. To overcome this defect should propose means fewer surveys and more discussions. Presidential campaigns should seek democratic enlargement, and a less massive media exposure to foot the surveys. Simplify
Democracy In Dangerous Places: Colombia. Vote With Paramilitary Preferences, Fernando Estrada
Democracy In Dangerous Places: Colombia. Vote With Paramilitary Preferences, Fernando Estrada
Fernando Estrada
This paper discusses the problem of paramilitary violence in Colombia and its effects on democracy. The elections were part of the purpose of self defense and constituted a disguised form to retain its drug trafficking economy. The impacts on institutional technology have been negative: representative democracy, the electoral system and voting, they were not the same. With paramilitary violence changed the electoral map in areas contested by the traditional political parties. Voting with paramilitary preferences mean the biggest challenge is constitutional democracy in Colombia.
Democracy And Multiculturalism, Raphael Cohen-Almagor, Will Kymlicka
Democracy And Multiculturalism, Raphael Cohen-Almagor, Will Kymlicka
raphael cohen-almagor
One of the most pressing issues facing liberal democracies today is the politicization of ethnocultural diversity. Minority cultures are demanding greater public recognition of their distinctive identities, and greater freedom and opportunity to retain and develop their distinctive cultural practices. In response to these demands, new and creative mechanisms are being adopted in many countries for accommodating difference. This paper discusses some of the issues raised by these demands, focusing in particular on the difficulties, which arise in North America and Israel when the minority seeking accommodation is illiberal. Historically, liberal democracies have hoped that the protection of basic individual …
Liberty And Tolerance, Raphael Cohen-Almagor
Liberty And Tolerance, Raphael Cohen-Almagor
raphael cohen-almagor
The underlying presupposition of the concept of freedom is that the doers are autonomous to assert themselves, to make critical reflections, and to lead their lives independently. A person whose autonomy is absent is said to be unfree. Thus, it has been argued that whatever we think ought to be included in what passes for a liberal view, the affirmation of a picture of individual political autonomy, and institutionalized tolerance for that autonomy, cannot be left out. Here I wish to expand on the relationships between liberty and autonomy.