scholarly journals Procedural quality only? Taiwanese democracy reconsidered

2011 ◽  
Vol 32 (5) ◽  
pp. 598-619 ◽  
Author(s):  
Yu-tzung Chang ◽  
Yun-han Chu ◽  
Min-hua Huang

Over the last decade, a growing number of students of democracy have sought to develop means of framing and assessing the quality of democracy and identifying ways to improve the quality of democratic governance. In this article, we review the recent efforts to conceptualize and measure quality of democracy by way of introducing a comprehensive method for measuring some essential properties of liberal democracy. Next, we present an empirical assessment of the quality of democracy in Taiwan based on the sub-dimensions formulated by Morlino – specifically, rule of law, accountability, participation, competition, freedom, equality, and responsiveness. We find that in the areas of accountability, participation, and freedom, Taiwan has made considerable progress. However, Taiwan’s young democracy still has room for improvement in the areas of the rule of law, equality, and responsiveness.

2020 ◽  
Vol 9 (26) ◽  
pp. 442-449
Author(s):  
Vasyl Ya. Tatsiy ◽  
Oleg G. Danilyan

The article is devoted to the analysis of socio-cultural and institutional-legal features of the development of the rule of law state in Ukraine. It is noted that the development of the rule of law state in Ukraine involves the interaction of several socio-cultural, ideological and institutional-legal aspects, the implementation of which at present is burdened with various difficulties of an objective and subjective nature. In particular, the most significant problems that need to be addressed immediately are optimization of the Ukrainian government system and improvement of the quality of law-making, increasing the level of professionalism and civil liability of officials of all levels, overcoming imbalance in government and effective legal support of this process, implementation of the principles of the rule of law state taking into account the European tradition of democratic governance.


2011 ◽  
Vol 32 (5) ◽  
pp. 579-597 ◽  
Author(s):  
Hyug Baeg Im

Koreans have worked hard to improve the quality of their democracy. They have promoted the rule of law, accountability, control of corruption, freedom, and responsiveness, and made an effort to make government more effective. They are also committed to economic freedom. In relation to the rule of law, significant attention has been devoted to reducing terrorism and violence, making government more effective, and enhancing regulatory quality. However, with regard to accountability, control of corruption, and transparency, Korea has still a long way to go. The analysis of democratization and improvements in the quality of democracy to date suggest that Korea has adapted to the changing economic environment and is sustaining its economic growth. This has been accompanied by social and economic polarization and a consequent demand for more and better welfare services.


Author(s):  
Attila Vincze

Abstract This chapter deals with shortcomings of the EU policies vis-à-vis Hungary and partially also Poland. Firstly, it depicts the argument that the EU’s diagnosis of illiberal backsliding is too narrow. When assessing the quality of democracy in Hungary and Poland, the Commission and the European Parliament almost exclusively focus on recent constitutional changes, and thereby overlook many other deficits which lead to a distorted picture. Secondly, there is a legitimate debate on the meaning of the basic values of the EU. Article 2 TEU contains many open-textured expressions, which might be understood differently. Thirdly, due to the incomplete diagnosis, the instruments currently being used to combat backsliding tendencies seem ill-suited on the one hand, and, on the other, the EU surprisingly does not seem to make best use of currently available tools. The chapter concludes by highlighting and discussing possible improvements of EU strategies towards backsliding states.


Author(s):  
Egidijus Küris

Western legal tradition gave the birth to the concept of the rule of law. Legal theory and constitutional justice significantly contributed to the crystallisation of its standards and to moving into the direction of the common concept of the rule of law. The European Court of Human Rights uses this concept as an interpretative tool, the extension of which is the quality of the law doctrine, which encompasses concrete requirements for the law under examination in this Court, such as prospectivity of law, its foreseeability, clarity etc. The author of the article, former judge of the Lithuanian Constitutional Court and currently the judge of the European Court of Human Rights, examines how the latter court has gradually intensified (not always consistently) its reliance on the rule of law as a general principle, inherent in all the Articles of the European Convention on Human Rights, to the extent that in some of its judgments it concentrates not anymore on the factual situation of an individual applicant, but, first and foremost, on the examination of the quality of the law. The trend is that, having found the quality of the applicable law to be insufficient, the Court considers that the mere existence of contested legislation amounts to an unjustifiable interference into a respective right and finds a violation of respective provisions of the Convention. This is an indication of the Court’s progressing self-approximation to constitutional courts, which are called to exercise abstract norm-control.La tradición occidental alumbró la noción del Estado de Derecho. La teoría del Derecho y la Justicia Constitucional han contribuido decisivamente a la cristalización de sus estándares, ayudando a conformar un acervo común en torno al mismo. El Tribunal Europeo de Derechos Humanos emplea la noción de Estado de Derecho como una herramienta interpretativa, fundamentalmente centrada en la doctrina de la calidad de la ley, que implica requisitos concretos que exige el Tribunal tales como la claridad, la previsibilidad, y la certeza en la redacción y aplicación de la norma. El autor, en la actualidad Juez del Tribunal Europeo de Derechos Humanos y anterior Magistrado del Tribunal Constitucional de Lituania, examina cómo el primero ha intensificado gradualmente (no siempre de forma igual de consistente) su confianza en el Estado de Derecho como principio general, inherente a todos los preceptos que forman el Convenio Europeo de Derechos Humanos, hasta el punto de que en algunas de sus resoluciones se concentra no tanto en la situación de hecho del demandante individual sino, sobre todo y ante todo, en el examen de esa calidad de la ley. La tendencia del Tribunal es a considerar que, si observa que la ley no goza de calidad suficiente, la mera existencia de la legislación discutida supone una interferencia injustificable dentro del derecho en cuestión y declara la violación del precepto correspondiente del Convenio. Esto implica el acercamiento progresivo del Tribunal Europeo de Derechos Humanos a los Tribunales Constitucionales, quienes tienen encargado el control en abstracto de la norma legal.


2016 ◽  
Vol 2 (3) ◽  
pp. 371
Author(s):  
Marthen Arie

The applicable law (as a result of legislation) is not always a reflection of the society concerned. Local regulations in the area were impressed into law to be “forced” because it does not conform to the spirit and characteristics of the society. The formation of local regulation is increasingly complex and complicated when the process and its substance beside cannot be separated from the political process, it is also cannot be separated from social processes. The problematic of local regulation formation is indicated by the fact that the authorized institution to arrange the local regulation is still not sufficient to produce products of high quality local laws. Legisprudence theory may open new perspectives on the validity of norm or legitimacy of norm and by course using this approach the quality of local regulations will be more qualified. Although a political approach is more into the heart in the legislative process but legislation and regulation can be an important object. Legal theory is not only a basis on enforcement or implementation of the rule of law, but it is very useful theory in law-making.


Author(s):  
Florent Guy ATANGANA MVOGO

Through the constitutional law of January 18, 1996, Cameroon endowed itself with a constitutional justice. The question is to what extent do the mechanisms of access to constitutional justice contribute to the democratic governance of the country? To analyse this fact, it appears that the mechanisms of access to constitutional justice in Cameroon are highly prohibitive and deny the rule of law and participatory democracy; all things that are resolutely situated at the antipodes of a democratic governance.


Author(s):  
Howard G. Brown

The Thermidorian National Convention, despite some efforts at ‘transitional justice’, failed to master the legacies of the Terror. Therefore, the fledgling regime needed to impose the new republican political order while also restoring basic law and order—two tightly entwined tasks. The Constitution of 1795 articulated a liberal democracy based on the rule of law, but political instability and endemic lawlessness led first to multiple violations of the constitution, especially in the wake of elections, and a steady shift from democratic republicanism toward ‘liberal authoritarianism’. This shift received added impetus during waves of repression intended to restore order on strictly republican terms. The result was the creation a new ‘security state’, one that combined coercive policing, administrative surveillance, exceptional justice, and militarized repression. The emergence of the new system helped to restore order, and thereby to legitimize the Consulate, but it also paved the road to personal dictatorship in 1802.


2015 ◽  
pp. 1778-1804
Author(s):  
Thorsten D. Barth

Freedom and equality are the content, the substance and the tension in a liberal democracy of today. Freedom and equality describe the design, stability and the quality of a democracy. Especially in a Quintuple Helix Model, the quality of democracy and sustainable development are closely related, because a high-quality democracy is a prerequisite for promoting sustainability in democracies. By investigating the quality of democracy this article develops two theses: 1.) Democracy with their quality rises or falls with the expression of freedom and/or equality; 2.) Democracy generates its stability from a balanced interaction between freedom and equality. With the concept of Democratic Life this article examines these two theses: Democratic Life as newly developed concept measures the quality of democracy with providing information about the type of a democracy and an approach to measure a democracy´s democratic development for the top 20 of the Democracy Ranking (2009). The central keys of the Democratic Life concept are the ‘Index of Classification' and the ‘Democratic-Life-Index', which are formed from an ‘Index of Freedom' and an ‘Index of Equality'. By empirical examination of the research question of Democratic Life two essential questions in the modern democratic theory can be investigated: 1.) How democratic is a democracy? 2.) How much freedom and equality does a liberal democracy need? The countries analyzed for the Democratic Life concept in this article are the United States, Australia, Sweden and Germany in comparison between 1995 and 2008. This degree of democratic quality will create a lot of problems towards developing sustainability in a democracy, because in the United States there is currently a big disparity between freedom and equality.


2020 ◽  
pp. 147892992094585
Author(s):  
Lisa Zanotti ◽  
José Rama

At the theoretical level, even if populism and democracy are not necessarily antithetical, the former challenges the liberal component of democracy, advocating for the majority rule and putting under stress the principles of the rule of law. To test the relationship between liberal democracy and populism, we created four new questions that measure the support for liberal democracy conceived as a trade-off with different policies. We tested our battery of questions in a pilot survey with educated young voters. The results show that those individuals who exhibit lower levels of support for liberal democracy are the ones with higher populist attitudes. This might be due to the fact that the original battery of questions grasps the level of support for liberal democracy better than the standard ‘Churchillian’ question.


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