The Politics And Law Of Democratic Transition
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The Politics And Law Of Democratic Transition
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Author : Sonia Zaman Khan
language : en
Publisher: Routledge
Release Date : 2017-10-25
The Politics And Law Of Democratic Transition written by Sonia Zaman Khan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-25 with Law categories.
Peaceful legal and political ‘changing of the guards’ is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral ‘caretaker covernment’ (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments’ wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality – perhaps akin to the CTG ethos – to oversee electoral governance, which will have to be renegotiated by the polity based on the people’s will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law.
Comparing Transitions To Democracy Law And Justice In South America And Europe
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Author : Cristiano Paixão
language : en
Publisher: Springer Nature
Release Date : 2021-10-01
Comparing Transitions To Democracy Law And Justice In South America And Europe written by Cristiano Paixão and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-01 with Law categories.
This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.
Constitutionalism And Democratic Transitions
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Author : Veronica Federico
language : en
Publisher: Firenze University Press
Release Date : 2006
Constitutionalism And Democratic Transitions written by Veronica Federico and has been published by Firenze University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description
The Politics Of Democratization
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Author : Edward Friedman
language : en
Publisher: Routledge
Release Date : 2019-06-26
The Politics Of Democratization written by Edward Friedman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-26 with Political Science categories.
This collection explores democratic transitions in East Asia, arguing against the standard wisdom that European or Christian value systems and socioeconomic forces are essential for democracy to succeed. Instead the contributors convincingly illustrate that political institutions, which can be built anywhere by skilled coalitions, have the most profound and lasting influence on a stable democratic system. Indeed the East Asian experience reveals truths about Western democratization that are obscured by popular Western mythologies. This partnership of U.S. and Asian scholars has given us the first systematic effort to bring East Asia into the democratization debate in a way that compels one to rethink "the politics of democratization" everywhere. The book therefore is a crucial contribution for all those interested in the broader issues of transition.
The Politics Of Memory
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Author : Alexandra Barahona De Brito
language : en
Publisher: OUP Oxford
Release Date : 2001-04-05
The Politics Of Memory written by Alexandra Barahona De Brito and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-04-05 with Political Science categories.
One of the most important political and ethical questions faced during a political transition from authoritarian or totalitarian to democratic rule is how to deal with legacies of repression. Indeed, some of the most fundamental questions regarding law, morality and politics are raised at such times, as societies look back to understand how they lost their moral and political compass, failing to contain violence and promote the values of tolerance and peace. The Politics of Memory sheds light on this important aspect of transitional politics, assessing how Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, Russia, the Southern Cone of Latin America and Central America, as well as South Africa, have confronted legacies of repression. The book examines the presence - or absence - of three types of official efforts to come to terms with the past: truth commissions, trials and amnesties, and purges. In addition, it looks at unofficial initiatives emerging from within society, usually involving human rights organisations (HROs), churches or political parties. Where relevant, it also examines the 'politics of memory,' whereby societies re-work the past in an effort to come to terms with it, both during the transitions and long after official transitional policies have been implemented or forgotten. The book also assesses the significance of forms of reckoning with the past for a process of democratization or democratic deepening. It also focuses on the role of international actors in such processes, as external players are becoming increasingly influential in shaping national policy where human rights are concerned.
Central And Eastern European Socio Political And Legal Transition Revisited
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Author : Balázs Fekete
language : en
Publisher: Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook
Release Date : 2017
Central And Eastern European Socio Political And Legal Transition Revisited written by Balázs Fekete and has been published by Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Constitutional law categories.
This Yearbook of the Central and Eastern European Forum of Young Legal, Political and Social Theorists is devoted to the analysis of the consequences of Central and Eastern European transition in law, in politics and in the societies. The volume focuses on understanding the constantly evolving process of democratization.
Democratic Transitions
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Author : Sujian Guo
language : en
Publisher: Routledge
Release Date : 2014-04-03
Democratic Transitions written by Sujian Guo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-03 with Political Science categories.
Democratic transitions have occurred in many countries in various regions across the globe, such as Southern Europe, Latin America, Africa, East and Southeast Asia, Eastern Europe and the Middle East, and these nations have undergone simuntaneously political, economic and social transformations. Yet, the patterns and characteristics of transitions have varied significantly, and different modes of transition have resulted in different outcomes. This book offers cross-national comparisons of democratic transition since the turn of the twentieth century and asks what makes democracies succeed or fail. In doing so it explores the influence the mode of transition has on the longevity or durability of the democracy, by theoretically examining and quantitatively testing this relationship. The authors argue that the mode of transition directly impacts the success and failure of democracy, and suggest that cooperative transitions, where opposition groups work together with incumbent elites to peacefully transition the state, result in democracies that last longer and are associated with higher measures of democratic quality. Based on a cross-national dataset of all democratic transitioning states since 1900, this book will be of great interest to students and scholars of international politics, comparative politics and democracy, and democratization studies.
Pathways To Democracy
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Author : James Frank Hollifield
language : en
Publisher: Routledge
Release Date : 2014-01-21
Pathways To Democracy written by James Frank Hollifield and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-21 with Political Science categories.
First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
The Politics Of Pact Making
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Author : J. Schiemann
language : en
Publisher: Springer
Release Date : 2005-11-26
The Politics Of Pact Making written by J. Schiemann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-11-26 with Political Science categories.
Contributing to the literature on democratic transitions and with a focus on institutional bargaining, in this fascinating book the Hungarian case is contrasted with those of Poland, South Africa and China to explore the contours of what bargaining strategies affect outcomes. The result is an increased understanding of how actors and their interaction can make peaceful transition possible.
Transitions To Democracy
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Author : Kathryn Stoner
language : en
Publisher: JHU Press
Release Date : 2013-04-15
Transitions To Democracy written by Kathryn Stoner and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-15 with Political Science categories.
Fifteen case studies by scholars and practitioners demonstrate the synergy between domestic and international influences that can precipitate democratic transitions. As demonstrated by current events in Tunisia and Egypt, oppressive regimes are rarely immune to their citizens’ desire for democratic government. Of course, desire is always tempered by reality; therefore how democratic demands are made manifest is a critical source of study for both political scientists and foreign policy makers. What issues and consequences surround the fall of a government, what type of regime replaces it, and to what extent are these efforts successful? Kathryn Stoner and Michael McFaul have created an accessible book of fifteen case studies from around the world that will help students understand these complex issues. Their model builds upon Guillermo O’Donnell, Philippe C. Schmitter, and Laurence Whitehead's classic work, Transitions from Authoritarian Rule, using a rubric of four identifying factors that can be applied to each case study, making comparison relatively easy. Transitions to Democracy yields strong comparisons and insights. For instance, the study reveals that efforts led by the elite and involving the military are generally unsuccessful, whereas mass mobilization, civic groups, and new media have become significant factors in supporting and sustaining democratic actors. This collection of writings by scholars and practitioners is organized into three parts: successful transitions, incremental transitions, and failed transitions. Extensive primary research and a rubric that can be applied to burgeoning democracies offer readers valuable tools and information.