Should Constitutional Courts Adjudicate Political Disputes? The Perspectives of Democratization in Soviet Successor States

2009 ◽  
Vol 34 (1) ◽  
pp. 71-92
Author(s):  
Armen Mazmanyan
Keyword(s):  
Institutional Design ◽  
The Political ◽  
Political Involvement ◽  
Constitutional Courts ◽  
Political Empowerment ◽  
Institutional Settings ◽  
Design Alternatives ◽  
Political Question ◽  
Political Disputes

AbstractThis article explores the consequences and the opportunities of political involvement of constitutional courts in post-Soviet countries. The answers to this inquiry allow a discussion on institutional design alternatives that would help constitutional courts to better support democracy. The author identifies particular practical difficulties with the present institutional settings (referring to them as to a 'paradox of political empowerment') and investigates the options for addressing the limitations created by the described model. In particular, the article reconsiders the widely accepted opinion that constitutional designers should have abandoned the 'political' responsibilities of constitutional courts (such as review of electoral disputes, inter-branch conflicts of jurisdictions, etc.) in these countries for the sake of preserving their institutional survival and legitimacy. The author argues that these 'political' responsibilities are essential for enabling democratic contributions by constitutional courts, and two conceptual justifications are forwarded to support this proposition. In contrast to the suggestions to abandon the 'political' responsibilities, the article proposes to address the problem of constitutional courts' political involvement and the hazard of damaging their legitimacy by enhancing the discretion of constitutional courts through introduction of a sound 'political question doctrine'.

Descriptive Representation and Black Political Involvement

Gaining Voice ◽  
2019 ◽  
pp. 97-122
Author(s):  
Christopher J. Clark ◽  
Ray Block
Keyword(s):  
African Americans ◽  
Study Data ◽  
Representative Democracy ◽  
The Political ◽  
Political Involvement ◽  
Congressional Election ◽  
Election Study ◽  
Political Empowerment ◽  
Black Representation ◽  
The Us

A healthy representative democracy requires that citizens be politically involved, and it is especially important to consider the political involvement of groups that are marginalized, such as African Americans. Building on the political empowerment hypothesis, the chapter argues that an increased black seat share and black representation ratio should be associated with increased black political involvement. Using 2008 Cooperative Congressional Election Study data, the chapter describes how in states with an increased black seat share in the legislature blacks are more likely to be highly interested in politics and are more likely to vote. In states with a higher black representation ratio, blacks are more inclined to persuade others to vote. Black representation in the US House does not increase black political involvement, despite being the focus of many scholarly works of political empowerment.

Is political engagement by constitutional monarchs compatible with democracy?

2021 ◽  
pp. 205789112199169
Author(s):  
Kana Inata
Keyword(s):  
Political Engagement ◽  
Historical Narratives ◽  
The Political ◽  
Political Involvement ◽  
Political Leaders ◽  
The Public ◽  
Political Preferences ◽  
Public Approval ◽  
Do So

Constitutional monarchies have proved to be resilient, and some have made substantive political interventions even though their positions are mostly hereditary, without granted constitutional channels to do so. This article examines how constitutional monarchs can influence political affairs and what impact royal intervention can have on politics. I argue that constitutional monarchs affect politics indirectly by influencing the preferences of the public who have de jure power to influence political leaders. The analyses herein show that constitutional monarchs do not indiscriminately intervene in politics, but their decisions to intervene reflect the public’s preferences. First, constitutional monarchs with little public approval become self-restraining and do not attempt to assert their political preferences. Second, they are more likely to intervene in politics when the public is less satisfied about the incumbent government. These findings are illustrated with historical narratives regarding the political involvement of King Bhumibol Adulyadej of Thailand in the 2000s.

Reason, Development, and the Conflicts of Human Ends: Sir Isaiah Berlin's Vision of Politics

1980 ◽  
Vol 74 (1) ◽  
pp. 38-52 ◽  
Author(s):  
Robert A. Kocis
Keyword(s):  
Moral Development ◽  
Human Nature ◽  
Human Dignity ◽  
Active Participation ◽  
Human Interaction ◽  
Human Values ◽  
The Political ◽  
Positive Liberty ◽  
Political Question

At the root of the conflict between Berlin and his critics is a fundamental disagreement over the possibility of certainty and over the relation of human ends to politics. Gerald MacCallum's formalist critique obscures the political question of whose values a free person is at liberty to pursue. Macpherson's attempt to defend positive liberty as not rationalistic is shown to fail because he (a) conflates liberty with its conditions and (b) assumes a rational pattern to human moral development. And Crick charges Berlin with ignoring politics, understood as active participation in the polis. Finally, Berlin's conception of politics as a form of human interaction aimed at creating the conditions of human dignity in a situation where we sincerely disagree over the ends of life is shown to be an effort to liberate us to live life for our own purposes. Yet Berlin's defense of liberty is problematic because it is too skeptical; to overcome this difficulty, a non-teleological yet developmentalist account of human nature and a weakly hierarchical account of human values is suggested.

scholarly journals The Political Stakes of Academic Research: Perspectives on Johannesburg

2005 ◽  
Vol 48 (2) ◽  
pp. 87-109 ◽  
Author(s):  
Ivor Chipkin
Keyword(s):  
Inner City ◽  
Political Institutions ◽  
Academic Research ◽  
The Political ◽  
Political Equality ◽  
Research Perspectives ◽  
Shift Analysis ◽  
Demographic Shifts ◽  
The City ◽  
Political Question

Abstract:This article considers a burgeoning literature on Johannesburg from the perspective of the sorts of questions it asks about the city. There is a substantial and lively literature on questions of poverty and equality, class and race. These studies are strongly informed by the idea that the mechanisms that produce such inequalities are key to understanding the nature of Johannesburg as a city: in terms of how its economy works and how political institutions function, but also in terms of what sort of city Johannesburg is and can be. I consider sociological and economic studies of the inner city that try to account for demographic shifts in the inner city and for processes of social and physical degeneration. I review urban anthropologies of inner-city society, considering in particular new forms of social and economic organization among inner-city residents. Related to these, I discuss debates among scholars about the prospects for governing the city, paying special attention to the consequences for such readings on partnerships. I also discuss an emerging literature, critical of that above, which seeks to shift analysis of the city toward studies of culture and identity. These literatures do not simply approach the city through different disciplinary lenses (sociology or economy or anthropology or cultural studies) . They come to their studies from different normative perspectives. For some, the key political question of the day is one about social and political equality in its various forms. For others, it is about the degree to which Johannesburg (or Africa) is different from or the same as other places in the world. This paper has tried to bring to the fore the political (and not simply policy) consequences of these different views. It concludes not by seeking to reconcile these perspectives, but by suggesting a way of retaining a commitment to equality and justice while not reducing them simply to questions of economy. At stake, I argue, are questions of democratic culture and of sociability.

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