scholarly journals Interrogating the Constitutional Requisites for Legislative Oversight in the Promotion of Accountability and Good Governance in South Africa and Nigeria

2018 ◽  
Vol 11 (1) ◽  
pp. 38-59
Author(s):  
Omololu Fagbadebo

This article interrogates the effectiveness of the requisites for constitutional provisions in respect of the promotion of accountability and good governance in South Africa and Nigeria. The article notes that the drafters of the Constitutions of the two countries made sufficient provisions for the regulation and control of the executive and legislative activities in a manner that could guarantee effective service delivery. These constitutional provisions, in line with the practices of their respective governing systems of the two countries, empower the legislature to hold the executive accountable. The article discovers that the lawmakers in the two countries lacked the capacity to harness the provisions for intended purposes. Using the elite theory for its analysis, the article argues that legislative oversight in South Africa and Nigeria is not as effective as envisaged in the constitutional provisions envisaged. This weakness has given rise to the worsening governance crises in the two countries in spite of their abundant economic and human resources. The article opines that the institutional structures of the political systems of the two countries, especially the dominant party phenomenon, coupled with the personal disposition of the political elites incapacitate the effective exercise of the oversight powers of legislatures in the two countries. The article, therefore, submits that the people of the two countries have to devise another means of holding their leaders accountable in the face of collaboration between the executive and the legislature to perpetuate impunity in the public space. Independent agencies should be more active in the exposure of unethical behaviours of the political elites, while the judiciary should be more independent in the dispensation of justice.

2020 ◽  
Author(s):  
abdul muiz amir

This study aims to find a power relation as a discourse played by the clerics as the Prophet's heir in the contestation of political event in the (the elections) of 2019 in Indonesia. The method used is qualitative based on the critical teory paradigm. Data gathered through literary studies were later analyzed based on Michel Foucault's genealogy-structuralism based on historical archival data. The findings show that, (1) The involvement of scholars in the Pemilu-Pilpres 2019 was triggered by a religious issue that has been through online social media against the anti-Islamic political system, pro communism and liberalism. Consequently create two strongholds from the scholars, namely the pro stronghold of the issue pioneered by the GNPF-Ulama, and the fortress that dismissed the issue as part of the political intrigue pioneered by Ormas NU; (2) genealogically the role of scholars from time to time underwent transformation. At first the Ulama played his role as well as Umara, then shifted also agent of control to bring the dynamization between the issue of religion and state, to transform into motivator and mediator in the face of various issues Practical politic event, especially at Pemilu-Pilpres 2019. Discussion of the role of Ulama in the end resulted in a reduction of the role of Ulama as the heir of the prophet, from the agent Uswatun Hasanah and Rahmatan lil-' ālamīn as a people, now shifted into an agent that can trigger the division of the people.


2020 ◽  
Vol 14 (1) ◽  
pp. 49-95 ◽  
Author(s):  
Tarunabh Khaitan

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.


2021 ◽  
pp. 186810342110278
Author(s):  
Inaya Rakhmani ◽  
Muninggar Sri Saraswati

All around the globe, populism has become increasingly prominent in democratic societies in the developed and developing world. Scholars have attributed this rise at a response to the systematic reproduction of social inequalities entwined with processes of neoliberal globalisation, within which all countries are inextricably and dynamically linked. However, to theorise populism properly, we must look at its manifestations in countries other than the West. By taking the case of Indonesia, the third largest democracy and the largest economy in Southeast Asia, this article critically analyses the role of the political campaign industry in mobilising narratives in electoral discourses. We use the Gramscian notion of consent and coercion, in which the shaping of populist narratives relies on mechanisms of persuasion using mass and social media. Such mechanisms allow the transformation of political discourses in conjunction with oligarchic power struggle. Within this struggle, political campaigners narrate the persona of political elites, while cyber armies divide and polarise, to manufacture allegiance and agitation among the majority of young voters as part of a shifting social base. As such, we argue that, together, the narratives – through engineering consent and coercion – construct authoritarian populism that pits two crowds of “the people” against each other, while aligning them with different sections of the “elite.”


2021 ◽  

Politics in the United States has become increasingly polarized in recent decades. Both political elites and everyday citizens are divided into rival and mutually antagonistic partisan camps, with each camp questioning the political legitimacy and democratic commitments of the other side. Does this polarization pose threats to democracy itself? What can make some democratic institutions resilient in the face of such challenges? Democratic Resilience brings together a distinguished group of specialists to examine how polarization affects the performance of institutional checks and balances as well as the political behavior of voters, civil society actors, and political elites. The volume bridges the conventional divide between institutional and behavioral approaches to the study of American politics and incorporates historical and comparative insights to explain the nature of contemporary challenges to democracy. It also breaks new ground to identify the institutional and societal sources of democratic resilience.


Humaniora ◽  
2015 ◽  
Vol 6 (2) ◽  
pp. 264
Author(s):  
Yustinus Suhardi Ruman

Electoral democracy generates the political elites. Because these political elites are born through a democratic process, they are expected to practice their power in accordance to the basic principles of democracy. One of them is to open the opportunity and acces of people to participatie in decision making proceses. Nevertheless, the problem is that the political elites who were elected through electoral democracy tend to close the participation of citizen in policy making process. To analyze how the political elites formulated the policy and what the rationality of the policy was, this article used rational choice theory. Article used secondary data to analyze the problem. Results of the analysis showed that democracy in local level after elections was determined by rationality, preferences, and interests of the political elites. The practices of power of the elites in local level in the context of rational choice theory made opportunity and access for the people obstructed. It then affects the existing development policies reflect only rationality, preferences, and interests of some elites. 


2018 ◽  
Vol 23 (4) ◽  
pp. 426-447 ◽  
Author(s):  
Megan Wainwright

Technologies for medicinal oxygen delivery at home are increasingly part of the global health technology landscape in the face of rising rates of chronic lung and heart diseases. From the mere notion of harvesting and privatizing oxygen from the atmosphere to its status as both dangerous and therapeutic, and finally to its capacity to both extend and limit life, oxygen as therapy materializes its status as an ambivalent object in global health. This analysis of ethnographic material from Uruguay and South Africa on the experience of home oxygen therapy is guided by philosopher Don Ihde’s postphenomenology – a pragmatic philosophical approach for analysing the relationships between humans and technologies. Participants related to their oxygen devices as limiting-enablers, as markers of illness and measures of recovery, and as precious and limited resources. Oxygen was materialized in many forms, each with their own characteristics shaping the ‘amplification/reduction’ character of the relationship as well as the degree to which the devices became ‘transparent’ to their users. Ihde’s four types of human–technology relations – embodiment, hermeneutic, alterity and background relations – are at play in the multistability of oxygen. Importantly, the lack of technological ‘transparency’, in Ihde’s sense of the term, reflects not only the materiality of oxygen but inequality too. While postphenomenology adds a productive material and technological flavour to phenomenology, the author argues that a critical postphenomenology is needed to engage with the political-economy of human–oxygen technology relations.


2018 ◽  
Vol 60 (4) ◽  
pp. 938-967 ◽  
Author(s):  
Emily Laxer

AbstractIn July 2010, following a year-long nationwide debate over Islamic veiling, the French government passed a law prohibiting facial coverings in all public spaces. Prior research attributes this and other restrictive laws to France's republican secular tradition. This article takes a different approach. Building on literature that sees electoral politics as a site for articulating, rather than merely reflecting, social identities, I argue that the 2010 ban arose in significant part out of political parties’ struggles to demarcate the boundaries of legitimate politics in the face of an ultra-right electoral threat. Specifically, I show that in seeking to prevent the ultra-right National Front party from monopolizing the religious signs issue, France's major right and left parties agreed to portray republicanism as requiring the exclusion of face veiling from public space. Because it was forged in conflict, however, the consensus thus generated is highly fractured and unstable. It conceals ongoing conflict, both between and within political parties, over the precise meaning(s) of French republican nationhood. The findings thus underscore the relationship between boundary-drawing in the political sphere and the process of demarcating the cultural and political boundaries of nationhood in contexts of immigrant diversity.


1993 ◽  
Vol 36 (4) ◽  
pp. 785-797 ◽  
Author(s):  
Jim Smyth

ABSTRACTIreland in the 1690s was a protestant state with a majority catholic population. These protestants sometimes described themselves as ‘the king's Irish subjects’ or ‘the people of Ireland’, but rarely as ‘the Irish’, a label which they usually reserved for the catholics. In constitutional and political terms their still evolving sense of identity expressed itself in the assertion of Irish parliamentary sovereignty, most notably in William Molyneux's 1698 pamphlet, The case of Ireland's being bound by acts of parliament in England, stated. In practice, however, the Irish parliament did not enjoy legislative independence, and the political elite was powerless in the face of laws promulgated at Westminster, such as the i6gg woollen act, which were detrimental to its interests. One possible solution to the problem of inferior status lay in legislative union with England or Great Britain. Increasingly in the years before 1707 certain Irish protestant politicians elaborated the economic, constitutional and practical advantages to be gained from a union, but they also based their case upon an appeal to the shared religion and ethnicity of the sovereign's loyal subjects in the two kingdoms. In short the protestants insisted that they were English. This unionist episode thus illustrates the profoundly ambivalent character of protestant identity in late seventeenthand early eighteenth-century Ireland.


2015 ◽  
Vol 16 (4) ◽  
pp. 713-739 ◽  
Author(s):  
Hermann Pünder

Throughout the world, there is debate about how democratic systems should adapt to the demands of their increasingly emancipated citizenries. More than ever, people desire to take part in the creation of their life circumstances. The demand for participation is paired with a growing discontent with the political elites. This article looks at the challenges in the context of Germany's system of government, discussing the leading debates of democratic reform in the EU's largest member state with some incidental remarks on other countries. Specifically, the study analyzes two core components of representative democracy—the electoral process and the parliamentary decision-making procedure—and shows how they should be reformed to ensure political stability in the long run. As a measure for the analysis, the author develops a system of four preconditions, on which successful democratic government depends: Responsiveness and political leadership on the side of the elected representatives; preparedness for participation and acceptance on the part of the represented. The article shows that optimizing democracy on the basis of these pillars is not just advisable as a matter of political prudence. In fact, Germany's constitution, the Basic Law, contains a normative expectation towards the political elites that they continuously improve democracy and ensure its appropriate functioning.


2020 ◽  
Vol 9 (1-2) ◽  
pp. 97-106
Author(s):  
Rana Haddad

This article focuses on the importance of reclaiming our rights as citizens and our public spaces by documenting two different public installations/performances that took place in Beirut. The first took place in Spring 2018 and was organized by BePublic Lab at the American University of Beirut, and the second was the Architectural Association Visiting School that took place in Beirut in Summer 2019. Both installations led to a series of interventions on the stretch between Gemmayzeh and Mar Mikhael, an area that has been witnessing gentrification in recent years. Both projects aim to trigger political engagement and raise public awareness in the face of the lack of public space, especially for the youth, in a city that is gradually moving towards a near total privatization of its public places. They emerged as a response to the sociopolitical strategies of depriving the citizens of their basic needs by privatizing what was once everyone’s. This article argues that urban interventions are an opportunity to address sociopolitical issues through spatial and temporal public installations. These installations, tailored to a human scale and anchored in the city as both art and architecture, reflect on the power of public interventions as urban catalytic tactics that engage with the people and challenge the blasé attitude of the citizens, pushing them to claim their rights to the city.


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