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 …

Lois Lane Y Superman: El Periodismo Y La Democracia Contra El Neoliberalismo (Lois Lane And Superman: Journalism And Democracy Against Neoliberalism), Andrés Henao Castro

Andrés Fabián Henao-Castro

En este artículo propongo una interpretación política del comic de Superman, que destaca el valor democrático de la actividad periodística contra la hegemónica alianza neoliberal entre la industria militar y el capital transnacional. Mi interpretación parte de re-significar el vínculo existente entre Superman y Lois Lane, a partir de una traducción política del heroísmo en el universo igualitario de lo público.

The Political Consequences Of Party System Change, Riccardo Pelizzo, Zim Nwokora

riccardo pelizzo

This article engages one of the important gaps in the literature on party system effects: the consequences of party system change. We discuss how existing empirical approaches to party system change do not actually capture the changeability of patterns of party competition, which is the most direct understanding of the term “party system.” We propose a measure that does exactly this: the index of fluidity. Applying this measure to countries in South East Asia, we show that party system change is associated with harmful effects, including lower foreign direct investment and deterioration of the rule of law

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 …

Regional Integration And Democratic Conditionality: How Democracy Clauses Help Democratic Consolidation And Deepening, Gaspare Genna, Taeko Hiroi

Gaspare M Genna

How effective are democracy clauses of regional integration organizations (RIOs) in promoting democratization and democratic consolidation among member-states? RIOs are increasingly adopting "democracy only" clauses in their treaties, requiring democracy and political stability as a condition of membership. Stable democracy is a collective good for RIO members; without political stability, uncertainty regarding economic exchange increases, undermining the promise of integration. The presence of powerful countries may be necessary for the RIOs to legalize democratic conditionality. In this book, the authors argue that once established democracy clauses exert an independent influence in promoting and defending democratic norms and institutions within the …

A Quantum Congress, Jorge R. Roig

Jorge R Roig

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.

Two Cheers For Burma’S Rigged Election, Neil A. Englehart

Neil A Englehart

Burma’s recent election was clearly not free and fair. However, it can also be seen as improving a uniquely unrepresentative government, creating greater pluralism, and institutionalizing differences within the ruling junta. Even the rigged election may have created opportunities for further opening in the future.

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.

Civil Society Influence On International Organizations: Theorizing The State Channel, Christopher Pallas, Anders Uhlin

Christopher L. Pallas

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

Donna M. Hughes

No abstract provided.

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 …

Equilibrium Institutions: The Federal-Proportional Trade-Off, Josep M. Colomer

Josep M. Colomer

Durable democracies display a huge variety of combinations of basic institutional formulas. A quantitative logical model shows that while there are multiple equilibrium sets of institutions, each involves some trade-off between the size of the country, the territorial structure of government and the electoral system. Specifically, the larger the country, the more important is federalism in comparison to proportional representation electoral rules for the durability of democratic institutions. The explanatory power of the model is positively tested on all current durable democratic countries. It is also illustrated with a few both fitting and deviant cases. A relevant implication is that …

Environmental Inequalities And Democratic Citizenship: Linking Normative Theory With Empirical Research, Fabian Schuppert, Ivo Wallimann-Helmer

Fabian Schuppert

The aim of this paper is to link empirical findings concerning environmental inequalities with different normative yard-sticks for assessing whether these inequalities should be deemed unjust, or not. We argue that such an inquiry must necessarily take into account some caveats regarding both empirical research and normative theory. We suggest that empirical results must be contextualised by establishing geographies of risk. As a normative yard-stick we propose a moderately demanding social-egalitarian account of justice and democratic citizenship, which we take to be best suited to identify unjust as well as legitimate instances of socio-environmental inequality.

Corruption, Democracy And Asia-Pacific Countries, Neil Campbell, Shrabani Saha

Neil Campbell

This paper argues that the relationship between democracy and corruption is nonmonotonic. When a country shifts from autocratic rule to highly imperfect democracy (an ‘electoral democracy’) it is frequently perceived that the level of corruption increases. Conversely, when the democracy level is already relatively high (approaching ‘mature democracy’) an increase in the level of democracy is typically expected to decrease the level of corruption. To assist with our discussion of these issues, before going on to the empirical part of the paper, we look specifically at the case of South Korea to illustrate how corruption responded to an increasing level …

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.

The Democracy Cluster Classification Index, Mihaiela R. Gugiu, Miguel Centellas

Miguel Centellas

Using hierarchical cluster analysis, a new measure of democracy, the DCC index, is proposed and constructed from five popular indices of democracy (Freedom House, Polity IV, Vanhanen's index of democratization, Cheibub et al.'s index of democracy and dictatorship, and the Cingranelli-Richards index of electoral self-determination). The DCC was used to classify the regime types for twenty-four countries in the Americas and thirty-nine countries in Europe over a thirty-year period. The results indicated that democracy is a latent class variable. Sensitivity and specificity analyses were conducted for the five existing democracy indices as well as the newly proposed Unified Democracy Scores …

Citizen Responsibility For War In Imperfect Democracies, Lisa Rivera

Lisa Rivera

Are individual citizens of imperfect democracies morally responsible for unjust wars waged by their state? Moral responsibility for unjust wars involves both retrospective and social responsibility. Citizens of imperfect democracies are retrospectively responsible when they choose to vote for a leader they know will wage an unjust war. This situation may occur very rarely. For example, US citizens did not have this political option at the outset of the Vietnam and Iraq Wars. However, even when citizens are not retrospectively responsible they have the social responsibility to engage in collective action to address the harms unjust war causes.

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

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 …

Libraries And The Right To The City: Insights From Democratic Theory Prepared For The 2013 Lacuny Institute: Libraries, Information, And The Right To The City, John Buschman

John Buschman

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.