Political corruption, party financing and democracy in Kenya

2008 ◽  
Vol 46 (2) ◽  
pp. 267-285 ◽  
Author(s):  
Oscar Gakuo Mwangi
Keyword(s):  
Political Participation ◽  
Rule Of Law ◽  
Political Party ◽  
Political Corruption ◽  
The Rule Of Law ◽  
Campaign Financing ◽  
Transparency And Accountability

ABSTRACTThis article examines political corruption and political party financing in multiparty Kenya. It uses the Goldenberg and Anglo-Leasing mega-scandals to demonstrate the existence of political corruption, particularly campaign financing, arguing that it has increased under multiparty rule and affected the nature of governance. It has adversely affected political participation and competition, the rule of law, transparency and accountability. Illegal funds to finance the Kenya African National Union's elections in the 1990s were raised through the Goldenberg Affair, whereas those aimed at financing the National Rainbow Coalition's elections in December 2007 were to be raised through the Anglo-Leasing scandal. Corrupt campaign financing, therefore, poses a threat to democracy in the country. The democratic space created and expanded by multipartyism has, however, provided new opportunities for waging the war against corruption. It is in the context of these arguments that the conclusion raises broader issues for corruption and democracy in Africa.

Committee for the Defence of Freedom of Thought and Expression: For political democracy

1988 ◽  
Vol 17 (5) ◽  
pp. 35-36
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Party ◽  
Political Democracy ◽  
The Rule Of Law ◽  
Public Figures ◽  
Human Rights Abuse ◽  
Freedom Of Thought ◽  
Academy Of Sciences ◽  
Serbian Academy

The unofficial Committee for the Defence of Freedom of Thought and Expression, whose proposal is published below, was formed in Belgrade on 10 November 1984 on the initiative of Dobrica Cosic, one of the most popular Serbian novelists. The committee represent the whole spectrum of Belgrade opinion from Marxist philosophers of the Praxis group (Mihailo Marković, Ljubomir Tadić, Zagorka Golubović), ‘nationalists’ (Mića Popović, Matija Bećković), pre-war party veterans (Gojko Nikolis, Tanasije Mladenović), advocates of a pluralistic socialist democracy (Kosta Cavoski, Ivan Janković) to public figures affirming the rule of law. Twelve are members of the prestigious Serbian Academy of Sciences and Arts and all of them are leading figures. The Committee has issued over 50 protests against human rights abuse involving not only Serbs but also Croats, Bosnian Moslems, Slovenes, ethnic Albanians in the province of Kosovo and members of the Hungarian minority in the Vojvodina. In October 1986 the Committee put forward an eleven-point plan for the establishment of the rule of law in Yugoslavia (see Index on Censorship, 2/87) and recommended the abolition of the tenure of monopoly power by any single political party. The next step came in November 1987 when the Committee released a petition for the introduction of political democracy in the SFRY (Socialist Federal Republic of Yugoslavia). The text of the petition, addressed to the Federal Assembly and the Yugoslav public, follows. The translation comes from the London-based South Slav Journal.

scholarly journals Political Modernization in the Developing Countries: Challenges and Prospects

2021 ◽  
pp. 41-48
Keyword(s):  
Developing Countries ◽  
Law Enforcement ◽  
Political Parties ◽  
Rule Of Law ◽  
Political Party ◽  
Main Tool ◽  
The Political ◽  
The Rule Of Law ◽  
Transitional Democracies ◽  
Political Modernization

This paper is all about the political modernization of the developing world. The political party, Bureaucrats, Law enforcement forces have been a source of political modernization in the traditional as well as transitional democracies. But the primary duty of the political party serves as the main tool of running the state. Bureaucrats implemented the policy of government and Law enforcement force established the rule of law. Political parties, Bureaucrats, and Law enforcement forces are closely involved in bringing political modernization. Unfortunately, it is impossible to ensure political modernization without any one agent. The first part of this article is an attempt to discuss on meaning and conditions of political modernization. The second part of this study explained serious stumbling blocks in the implementation of political modernization in developing countries. The final part of the study highlights the prospects of political modernization based on different agencies like Political parties, Bureaucrats, and Law enforcement forces and makes a concluding remark on the overall concept.

scholarly journals Political Corruption, Judicial Selection, and the Rule of Law

1969 ◽  
pp. 654
Author(s):  
F. C. DeCoste
Keyword(s):  
Detailed Analysis ◽  
Rule Of Law ◽  
Political Corruption ◽  
Federal Court ◽  
Public Authority ◽  
Social Implications ◽  
Selection Procedures ◽  
Judicial Selection ◽  
The Rule Of Law

In this article, the author criticizes the current procedures used to appoint Canadian judges to provincial superior courts and to the federal court. The author begins with an examination of political corruption, which in his view depends upon the concept of the Rule of Law. The author proceeds with a detailed analysis of that concept, and concludes that current judicial selection procedures corrupt public authority and judicial office because they violate the institutional, moral, and ethical requirements of the Rule of Law. The author then reflects upon the wider social implications of such corruption.

Corruption as Political Decay

2020 ◽  
pp. 13-42
Author(s):  
Camila Vergara
Keyword(s):  
Rule Of Law ◽  
Socioeconomic Inequality ◽  
Political Influence ◽  
Political Corruption ◽  
Political Regimes ◽  
Normal Functioning ◽  
The Rule Of Law ◽  
The One ◽  
Definition Of ◽  
Systemic Corruption

This chapter begins by providing a diagnosis for the crisis of democracy based on systemic corruption. After reconstructing from the works of Plato, Aristotle, Polybius, and Niccolò Machiavelli, a notion of systemic political corruption particular to popular governments, it reviews recent neorepublican and institutionalist attempts at redefining political corruption within the current political regimes. It also underscores the lack of a proper conception of systemic corruption comparable in sophistication to the one offered by ancient and modern philosophers due to the inability to account for the role that procedures and institutions play in fostering corruption through their normal functioning. The chapter proposes a definition of systemic corruption as the oligarchization of power transpiring within a general respect for the rule of law. It describes the conception of corruption that appears as intrinsically connected to increasing socioeconomic inequality, which enables the inequality of political influence and drift toward oligarchic democracy.

scholarly journals KARAKTERISTIK, PENGELOLAAN DAN PEMERIKSAAN BADAN HUKUM YAYASAN DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 175
Author(s):  
Y. Sogar Simamora
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
The Rule Of Law ◽  
Authorized Capital ◽  
The Way ◽  
Transparency And Accountability

<p>Yayasan adalah badan hukum yang didirikan untuk mencapai tujuan tertentu di bidang sosial, keagamaan, dan kemanusiaan. Pendirian yayasan diawali dengan pemisahan harta kekayaan pendiri untuk dimasukkan sebagai modal awal yayasan. Pemisahan harta kekayaan pendiri ke dalam yayasan tersebut Ɵ dak dapat diberi makna investasi karena secara fi loso fi pendirian yayasan bersifat nirlaba. Dalam prak Ɵ knya terjadi penyimpangan dalam pengelolaan, kon fl ik antar pengurus serta penyalahgunaan lembaga yayasan. Tulisan ini akan mengkaji bagaimana prinsip dan aturan hukum dalam pengelolaan yayasan sebagai hukum privat dan bagaimana pengelolaan oleh organ yayasan berdasarkan prinsip transparansi dan akuntabilitas. Dengan menggunakan metode yuridis norma Ɵ f dapat disimpulkan bahwa berdasarkan cara pendiriannya yayasan tergolong badan hukum privat. Prinsip transparansi dan akuntabilitas dalam mewujudkan good governance dalam pengelolaan yayasan diperlukan untuk memas Ɵ kan bahwa organ yayasan menjalankan tugasnya semata-mata untuk mencapai tujuan yayasan, selain itu perlu adanya pemeriksaan terhadap yayasan untuk memas Ɵ kan organ yayasan Ɵ dak melakukan pelanggaran hukum dan lalai dalam menjalankan tugasnya</p><p>The founda Ɵ on is a legal en Ɵ ty established to achieve speci fi c goals in the areas of social, religious, and humanitarian. The establishment of the founda Ɵ on begins with the separa Ɵ on of founder(s) assets to be incorporated as the authorized capital founda Ɵ on. Separa Ɵ on founder(s) assets into founda Ɵ ons can not be given meaning as investment, because the founding founda Ɵ ons philosophy is non-pro fi t. In prac Ɵ ce there are devia Ɵ ons in the management of the con fl ict between the board and the abuse of the ins Ɵ tu Ɵ on founda Ɵ on. This paper will examine how the principles and the rule of law in the management of a founda Ɵ on and how management by organs of the founda Ɵ on based on principles of transparency and accountability. By using norma Ɵ ve methods can be concluded that based on the way its establishment, the founda Ɵ on belonging to private legal en Ɵ Ɵ es. Principles of transparency and accountability in achieving good governance in the management founda Ɵ on required to ensure that the founda Ɵ on organ du Ɵ es solely to achieve the purpose of the founda Ɵ on, in addi Ɵ on to the need for an examina Ɵ on of the founda Ɵ on to ensure that the fund did not perform organ o ff ense and negligent in performing their du Ɵ es.</p>

scholarly journals A Great Leap Forward for Democracy and the Rule of Law? Brazil's Mensalão Trial

2016 ◽  
Vol 48 (3) ◽  
pp. 477-507 ◽  
Author(s):  
GREGORY MICHENER ◽  
CARLOS PEREIRA
Keyword(s):  
Rule Of Law ◽  
Political Corruption ◽  
Vote Buying ◽  
The Rule Of Law ◽  
Great Leap ◽  
Ex Post ◽  
Great Leap Forward ◽  
Legislative Vote

AbstractThe Mensalão trial was Brazil's most important political corruption trial ever and an emblematic ex post accountability success. More than 28 individuals were convicted in relation to a legislative vote-buying scheme, many by the very officials they helped appoint. We relay the trajectory of the scandal cum trial, explain its successful prosecution and assess its implications. The article argues that the Mensalão has proved pivotal for Brazil's institutional and legal advances and asks – more than a quarter of a century after a new constitution – whether the country is entering into a stronger, more enduring relationship with the rule of law.

Democratic theories and the problem of political participation in Nigeria: Strengthening consensus and the rule of law

Human Affairs ◽  
2014 ◽  
Vol 24 (1) ◽  
Author(s):  
Philip Ujomu ◽  
Felix Olatunji
Keyword(s):  
Political Participation ◽  
Rule Of Law ◽  
Political Ideology ◽  
Fair Play ◽  
Democratic Participation ◽  
The Rule Of Law ◽  
Democratic Practice ◽  
Basic Rights ◽  
Democratic Principles

AbstractThis paper addresses the problem of the strategies and theories of democratic participation in Nigeria that breed institutional marginality and bad governance due to shortfalls in pursuing the values of justice and empowerment as core democratic characteristics. The same democratic principles such as voting, parliament, constitution, judiciary, that are suggestive of gains such as responsible use, and peaceful transfer of power may not have translated fully into sociopolitical empowerment for responsibility and representation in evolving democratic practice in Nigeria due to problems of agency and political ideology. Democratic theorizing and participation in Nigeria has defied orthodox presuppositions seen in the disrespect for basic rights and the disregard for the rule of law in democracy that allow for fair play within and among the elites and political grassroots. Thus this study investigates the Nigerian predicament as a model or case study, raising questions about the reasons for the systematic disempowerment of groups.

scholarly journals Counter-movement at a critical juncture : A neo-Polanyian interpretation of the rise of the illiberal Right in Poland

Intersections ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 128-148
Author(s):  
Sławomir Czech ◽  
Maciej Kassner
Keyword(s):  
Rule Of Law ◽  
Political Party ◽  
Analytical Approach ◽  
Historical Institutionalism ◽  
Karl Polanyi ◽  
Critical Juncture ◽  
Parliamentary Elections ◽  
The Rule Of Law ◽  
Liberal Constitutionalism ◽  
Law And Justice

This article seeks to explain the causes of the growing popularity of the illiberal right, taking the Polish political party Law and Justice as an example. The adopted analytical approach combines insights derived from the work of Karl Polanyi and the tradition of historical institutionalism. The victory of Law and Justice in the 2015 Polish parliamentary elections is argued to constitute a critical juncture that initiated a fundamental break with the liberal order. Following Polanyi, we argue that the seeds of the recent anti-liberal counter-revolution can be found in the malfunctioning of the Polish economic order built during the period of transition. However, Law and Justice has managed to make use of the critical juncture arising from social discontent and has used it instrumentally to dismantle liberal constitutionalism and the rule of law.

Judicial Performance and the Rule of Law in the Mexican States

2006 ◽  
Vol 48 (03) ◽  
pp. 33-61 ◽  
Author(s):  
Caroline C. Beer
Keyword(s):  
Political Participation ◽  
Rational Choice ◽  
Rule Of Law ◽  
Political Competition ◽  
International Political Economy ◽  
The Rule Of Law ◽  
Theoretical Approaches ◽  
Institutional Rational Choice ◽  
Structural Theories ◽  
Judicial Performance

Abstract What determines how judicial institutions perform? Prominent theoretical approaches, such as international political economy, institutional rational choice, social capital, and structural theories, suggest that international economic actors, political competition, political participation, and poverty may all be important forces driving institutional behavior. This study analyzes these various theoretical approaches and uses qualitative and statistical analysis to compare judicial performance in the Mexican states. It provides evidence to support the institutional rational choice hypothesis that political competition generates judicial independence. Poverty, political participation, and an export-oriented economy seem to influence judicial access and effectiveness.

scholarly journals The Rule of Law in the Athenian Demokratia:  Origins, History, and Oratory

2021 ◽  
Author(s):  
◽  
Bede Laracy
Keyword(s):  
Rule Of Law ◽  
Political Corruption ◽  
Legal Framework ◽  
The Rule Of Law ◽  
Legitimate Power ◽  
Power Rule ◽  
Legal Arguments ◽  
The Law ◽  
Law Courts ◽  
The City

<p>According to Aristotle, demokratia is an invalid form of constitution unless it operates in conjunction with the rule of law. Historically, the idea of the rule of law was connected with wealthy elites in Athens. However, after a series of upheavals between the Athenian mass and elites, the demos accepted the rule of law as a valid check on demotic power. Rule of law required legal codification, which outlined a framework within which democratic law functioned. The Athenian law court became the arena for enforcing the law, thereby ridding the city of negative socio/political influences. Hybris, political corruption, and general questions of legality all came under the power of the democratic courts of law, which exerted the legitimate power of the combined community. Nevertheless, tradition maintained a strong influence on law, especially in the law courts. Bound up in legal arguments were ideas of Athenian identity and it became accepted that the juries would assess the character of the accused against the character of the Athenian demos in the course of making its decision. Athenian elites who previously continued feuds extra-legally submitted to the law courts, which offered an arena for dispute resolution. Ultimately, the rule of law in the Athenian demokratia upheld Athenian law, created a legal framework, and allowed personal and political disputes to be settled before they dissolved into stasis, offering the Athenian demokratia its most successful mechanism for creating social, political, and legal, stability.</p>

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