Commemorating Martial Law as Treason

2021 ◽  
pp. 088832542110498
Author(s):  
Ela Rossmiller
Keyword(s):  
Transitional Justice ◽  
Discourse Theory ◽  
Political Polarization ◽  
The Political ◽  
Political Transformation ◽  
Ruling Elite ◽  
Martial Law ◽  
Politics Of Memory ◽  
State Institutions ◽  
Official Discourse

How and why have Polish state institutions constructed an official public memory of martial law (1981–1983) despite plural interpretations and growing apathy and amnesia in the broader society? Between 1992 and 2018, parliament passed eight commemorative resolutions endorsing a single interpretation of martial law as treason. This political consensus is surprising given not only the lack of social consensus but also the political polarization that existed between and among post-communist and post-Solidarity parties. Drawing on LaClau and Mouffe’s discourse theory as well as Brian Grodsky’s theory of transitional justice measures as political goods, this article analyzes the official discourse of martial law as articulated in commemorative resolutions, transcripts of parliamentary deliberations, parliamentary journals, court rulings, and reports of committees, subcommittees, special commissions, and governmental offices. It considers how this discourse has been deployed to legitimate the ruling elite, attack political rivals, and justify controversial initiatives, policies, and reforms. It contributes to the literature on the politics of memory during times of political transformation by examining a case of surprising stability despite factors that would seem to favor change over time.

Advocating Democracy: The Role of Lawyers in Taiwan's Political Transformation

1995 ◽  
Vol 20 (02) ◽  
pp. 561-599 ◽  
Author(s):  
Jane Kaufman Winn ◽  
Tang-chi Yeh
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
The Political ◽  
Political Transformation ◽  
Authoritarian Rule ◽  
Martial Law ◽  
Republic Of China ◽  
Democratic Rule ◽  
The Republic

Litigation has not been a significant strategy in Taiwan for challenging injustice due to the use of the Civil Law tradition as a model for the Republic of China legal system and the diminished autonomy of the ROC legal profession and legal system under martial law and authoritarian rule. Individual lawyers, however, were among the leading proponents of reform during Taiwan's recent transition to democratic rule. Furthermore, one of the significant liberalizing reforms ushered in by the democratic transition has been the reform of the ROC legal profession. We examine the contribution of some lawyers to democratization and consider what role the reconstituted ROC legal profession may play in the political economy of Taiwan in the future.

Richard Sisson and Leo E. Rose. War and Secession: Pakistan, India and the Creation of Bangladesh. New Delhi: Vistaar Publications. 1990. 338 pp.Price Rs 225.00 (Hardbound).

1991 ◽  
Vol 30 (1) ◽  
pp. 95-99
Author(s):  
Ziaul Haque
Keyword(s):  
Political Polarization ◽  
The Political ◽  
New Delhi ◽  
Historical Events ◽  
National Elections ◽  
The Real ◽  
Global Issues ◽  
Political Processes ◽  
Political Events ◽  
The Creation

After thirteen long years of military dictatorship, national elections on the basis of adult franchise were held in Pakistan in December 1970. The Awami League, led by Sheikh Mujibur Rahman, and the Pakistan Peoples Party, under Zulfiqar Ali Bhutto, emerged as the two majority political parties in East Pakistan and West Pakistan respectively. The political party commanding a majority in one wing of the country had almost no following in the other. This ended in a political and constitutional deadlock, since this split mandate and political exclusiveness gradually led to the parting of ways and political polarization. Power was not transferred to the majority party (that is, the Awami League) within the legally prescribed time; instead, in the wake of the political/ constitutional crisis, a civil war broke out in East Pakistan which soon led to an open war between India and Pakistan in December 1971. This ultimately resulted in the dismemberment of Pakistan, and in the creation of Bangladesh as a sovereign country. The book under review is a political study of the causes and consequences of this crisis and the war, based on a reconstruction of the real facts, historical events, political processes and developments. It candidly recapitulates the respective roles of the political elites (both of India and Pakistan), their leaders and governments, and assesses their perceptions of the real situation. It is an absorbing narrative of almost thirteen months, from 7 December, 1970, when elections were held in Pakistan, to 17 December, 1971 when the war ended after the Pakistani army's surrender to the Indian army in Dhaka (on December 16, 1971). The authors, who are trained political scientists, give fresh interpretations of these historical events and processes and relate them to the broader regional and global issues, thus assessing the crisis in a broader perspective. This change of perspective enhances our understanding of the problems the authors discuss. Their focus on the problems under discussion is sharp, cogent, enlightening, and circumspect, whether or not the reader agrees with their conclusions. The grasp of the source material is masterly; their narration of fast-moving political events is superbly anchored in their scientific methodology and political philosophy.

Our universities away from partisan Altsarat

2019 ◽  
Author(s):  
أ.د.عبد الجبار احمد عبد الله
Keyword(s):  
Political Parties ◽  
Legal Framework ◽  
Public Institutions ◽  
Political Organization ◽  
Moral Duty ◽  
The Political ◽  
Public Office ◽  
State Institutions ◽  
The Public ◽  
The University

In order to codify the political and partisan activity in Iraq, after a difficult labor, the Political Parties Law No. (36) for the year 2015 started and this is positive because it is not normal for the political parties and forces in Iraq to continue without a legal framework. Article (24) / paragraph (5) of the law requires that the party and its members commit themselves to the following: (To preserve the neutrality of the public office and public institutions and not to exploit it for the gains of a party or political organization). This is considered because it is illegal to exploit State institutions for partisan purposes . It is a moral duty before the politician not to exploit the political parties or some of its members or those who try to speak on their behalf directly or indirectly to achieve partisan gains. Or personality against other personalities and parties at the expense of the university entity.

Populism and Polarization in Comparative Perspective: Constitutive, Spatial and Institutional Dimensions

2021 ◽  
pp. 1-23
Author(s):  
Kenneth M. Roberts
Keyword(s):  
Latin America ◽  
Political Competition ◽  
Electoral Competition ◽  
Comparative Perspective ◽  
Political Polarization ◽  
Political Agenda ◽  
The Political ◽  
Consistent Effect ◽  
The Us ◽  
Issue Dimensions

Abstract Polarization may be the most consistent effect of populism, as it is integral to the logic of constructing populist subjects. This article distinguishes between constitutive, spatial and institutional dimensions of polarization, adopting a cross-regional comparative perspective on different subtypes of populism in Europe, Latin America and the US. It explains why populism typically arises in contexts of low political polarization (the US being a major, if partial, outlier), but has the effect of sharply increasing polarization by constructing an anti-establishment political frontier, politicizing new policy or issue dimensions, and contesting democracy's institutional and procedural norms. Populism places new issues on the political agenda and realigns partisan and electoral competition along new programmatic divides or political cleavages. Its polarizing effects, however, raise the stakes of political competition and intensify conflict over the control of key institutional sites.

scholarly journals Killing a Constitution with a Thousand Cuts: Executive Aggrandizement and Party-state Fusion in India

2020 ◽  
Vol 14 (1) ◽  
pp. 49-95 ◽  
Author(s):  
Tarunabh Khaitan
Keyword(s):  
Good Governance ◽  
Democratic Governance ◽  
The Political ◽  
State Institutions ◽  
Liberal Democratic ◽  
The People ◽  
Wide Range ◽  
General Elections ◽  
The Media ◽  
Democratic Norms

AbstractMany concerned citizens, including judges, bureaucrats, politicians, activists, journalists, and academics, have been claiming that Indian democracy has been imperilled under the premiership of Narendra Modi, which began in 2014. To examine this claim, the Article sets up an analytic framework for accountability mechanisms liberal democratic constitutions put in place to provide a check on the political executive. The assumption is that only if this framework is dismantled in a systemic manner can we claim that democracy itself is in peril. This framework helps distinguish between actions that one may disagree with ideologically but are nonetheless permitted by an elected government, from actions that strike at the heart of liberal democratic constitutionalism. Liberal democratic constitutions typically adopt three ways of making accountability demands on the political executive: vertically, by demanding electoral accountability to the people; horizontally, by subjecting it to accountability demands of other state institutions like the judiciary and fourth branch institutions; and diagonally, by requiring discursive accountability by the media, the academy, and civil society. This framework assures democracy over time – i.e. it guarantees democratic governance not only to the people today, but to all future peoples of India. Each elected government has the mandate to implement its policies over a wide range of matters. However, seeking to entrench the ruling party’s stranglehold on power in ways that are inimical to the continued operation of democracy cannot be one of them. The Article finds that the first Modi government in power between 2014 and 2019 did indeed seek to undermine each of these three strands of executive accountability. Unlike the assault on democratic norms during India Gandhi’s Emergency in the 1970s, there is little evidence of a direct or full-frontal attack during this period. The Bharatiya Janata Party government’s mode of operation was subtle, indirect, and incremental, but also systemic. Hence, the Article characterizes the phenomenon as “killing a constitution by a thousand cuts.” The incremental assaults on democratic governance were typically justified by a combination of a managerial rhetoric of efficiency and good governance (made plausible by the undeniable imperfection of our institutions) and a divisive rhetoric of hyper-nationalism (which brands political opponents of the party as traitors of the state). Since its resounding victory in the 2019 general elections, the Modi government appears to have moved into consolidation mode. No longer constrained by the demands of coalition partners, early signs suggest that it may abandon the incrementalist approach for a more direct assault on democratic constitutionalism.

scholarly journals Authoritarian resilience through top-down transformation: making sense of Myanmar's incomplete transition

2019 ◽  
Vol 49 (2) ◽  
pp. 193-209 ◽  
Author(s):  
Stefano Ruzza ◽  
Giuseppe Gabusi ◽  
Davide Pellegrino
Keyword(s):  
Political Reform ◽  
The Political ◽  
Political Transformation ◽  
Top Down ◽  
Ongoing Process ◽  
Making Sense ◽  
Divide And Rule ◽  
Events Data

AbstractStarting from the imperfect nature of Myanmar's democracy, this paper aims to answer two questions. First, can Myanmar's transition be defined as a case of democratization, or is it, rather, a case of authoritarian resilience? To state this differently: is the progress enjoyed by Myanmar's polity the outcome of an ongoing process that is supposed to lead to a fully fledged democracy, or, rather, an attempt to enshrine elements of authoritarian governance under a democratic guise? Second, if the balance leans towards the latter instead of the former, how did authoritarian resilience work in Myanmar? The transition is analysed from a long-term perspective, moving from the 1988 pro-democracy uprising up to the most recent events. Data were collected from available published sources and from three fieldworks conducted by the authors in Myanmar. The paper concludes that Myanmar's transition is better understood as a case of authoritarian resilience than as democratization and highlights three core traits of Myanmar's authoritarian resilience: first, the very top-down nature of the political transformation; second, the incumbents’ ability to set the pace of political reform through the use of repression and political engineering; and third, the divide-and-rule strategy used as a means to keep contestations separated and local.

History, Politics, and the Constitution: Ethnic Conflict and Constitutional Adjudication in Postcommunist Bulgaria

Slavic Review ◽  
2004 ◽  
Vol 63 (1) ◽  
pp. 66-89 ◽  
Author(s):  
Venelin I. Ganev
Keyword(s):  
Political Parties ◽  
Transitional Justice ◽  
Political Party ◽  
Historical Memory ◽  
Political Order ◽  
Democratic Politics ◽  
Socialist Party ◽  
The Political ◽  
Constitutional Court ◽  
Constitutional Adjudication

Infamously, the 1991 Bulgarian Constitution contains a provision banning political parties “formed on an ethnic basis.” In the early 1990s, the neo-communist Bulgarian Socialist Party invoked this provision when it asked the country's Constitutional Court to declare unconstitutional the political party of the beleaguered Turkish minority. In this article, Venelin I. Ganev analyzes the conflicting arguments presented in the course of the constitutional trial that ensued and shows how the justices’ anxieties about the possible effects of politicized ethnicity were interwoven into broader debates about the scope of the constitutional normative shift that marked the end of the communist era, about the relevance of historical memory to constitutional reasoning, and about the nature of democratic politics in a multiethnic society. Ganev also argues that the constitutional interpretation articulated by the Court has become an essential component of Bulgaria's emerging political order. More broadly, he illuminates the complexity of some of the major issues that frame the study of ethnopolitics in postcommunist eastern Europe: the varied dimensions of the “politics of remembrance“; the ambiguities of transitional justice; the dilemmas inherent in the construction of a rights-centered legality; and the challenges involved in establishing a forward-looking, pluralist system of governance.

Mafalda: Middle Class, Everyday Life, and Politics in Argentina, 1964-1973

2014 ◽  
Vol 94 (1) ◽  
pp. 35-75 ◽  
Author(s):  
Isabella Cosse
Keyword(s):  
Middle Class ◽  
Social Identities ◽  
Political Polarization ◽  
The Political ◽  
Comic Strip ◽  
State Terrorism ◽  
The Everyday ◽  
History Of ◽  
Social Modernization ◽  
Methodological Approaches

Abstract In this article I reconstruct the history of Mafalda, the famous comic strip by the Argentine cartoonist Quino that was read, discussed, and viewed as an emblematic representation of Argentina’s middle class. With the aim of contributing to discussions on the interpretation of the middle class in Argentina and Latin America, I examine the emergence, circulation, and sociopolitical significance of the comic from its first strips in 1964 until Quino stopped producing new installments in 1973, making use of two conceptual and methodological approaches: a perspective situated at the intersection of the everyday and the political, as well as a consideration of humor as a way of exploring social identities. I argue first that Mafalda’s ironic and conceptual humor worked with the contradictions of the middle class as it faced social modernization, cultural and political radicalization, and a weakening democracy. Second, I suggest that the strip contributed to a representation of a heterogeneous middle class marked by ideological differences but nonetheless conceived as one. Third, I claim that such a representation lost its relevance with the political polarization and violence of the 1970s, as portraying a middle class—or a society—united despite differences was no longer feasible in that context. To illustrate this, the article closes by noting that, shortly after Mafalda was discontinued, state terrorism would brutally demonstrate just how little space there was in Argentina for the young, antiestablishment generation depicted in the strip.

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