scholarly journals The perils of plurality rule and the major(itarian) effect of cabinet composition on human rights in presidential democracies

2018 ◽  
Vol 5 (3) ◽  
pp. 205316801879475 ◽  
Author(s):  
Joshua Holzer
Keyword(s):  
Human Rights ◽  
Presidential Election ◽  
Majority Rule ◽  
Plurality Rule ◽  
Absolute Majority ◽  
Original Dataset ◽  
Presidential Democracies

I argue that when presidents are able (or forced) to cobble together broad-based coalitions to win an absolute majority, their administrations are less likely (and less able) to violate human rights, in comparison to presidential administrations whose victories are the result of a narrow plurality. Consistent with this argument, I find cabinets comprised of a higher percentage of individuals from parties other than that of the president to be associated with greater government respect for human rights. Additionally, I find that in the years after a presidential election won by an absolute majority, states are more likely to experience an increase in government respect for human rights, in comparison to the years after a presidential election won by a mere plurality. Utilizing an original dataset of cabinet composition for 35 presidential democracies spanning from 2001 to 2011, this study concludes that it may prudent for non-majoritarian systems to consider adopting a mandatory majority rule so to encourage the types of conciliatory alliances that appear to promote high human rights respect.

scholarly journals The effect of two-round presidential elections on human rights

PLoS ONE ◽  
2020 ◽  
Vol 15 (12) ◽  
pp. e0243094
Author(s):  
Joshua Holzer
Keyword(s):  
Human Rights ◽  
Presidential Elections ◽  
Decision Makers ◽  
Plurality Rule ◽  
Costs And Benefits ◽  
High Government ◽  
Presidential Democracies

Recent research suggests that democratic presidential elections held using a runoff rule produce presidents that are more likely to protect human rights, in comparison to those elected under plurality rule; with this follow-up article, I seek to highlight the importance of advancing to a runoff round for those elections held using a runoff rule. I find that for presidential democracies that already have a runoff rule in place, country-years where the president has been elected after a runoff round are more likely to be associated with high government respect for human rights, in comparison to country-years where the president has been elected after only one round (that could have advanced to a runoff round, but did not). This article provides decision-makers with more information regarding the human rights consequences of runoff rounds, so that the costs and benefits of adopting (or retaining) variations of a runoff rule can be better weighed.

The Stakes of Decolonization, 1945–1960

2017 ◽  
Author(s):  
Talbot C. Imlay
Keyword(s):  
Human Rights ◽  
Majority Rule ◽  
Minority Rights ◽  
The Political ◽  
Nation State ◽  
Individual Rights ◽  
Political Implications ◽  
Common Position ◽  
Human Individual ◽  
Post War

In examining the efforts of European socialists to forge a common position towards the issue of post-war empires, this chapter highlights some of the political stakes involved in decolonization. As debates between European and Asian socialists suggest, the process of decolonization witnessed a struggle between competing rights: national rights, minority rights, and human (individual) rights. Each set of rights possessed far-reaching political implications, none more so than minority rights, as they were often associated with limits on national sovereignty. These limits could be internal, such as constitutional restraints on the working of majority rule; but they could also take the form of external constraints on sovereignty, including alternatives to the nation state itself. The victory of the nation state, in other words, was inextricably tied to the defeat of minority rights as well as the growing predominance of human rights.

scholarly journals NATO between Exclusivity and Inclusivity: Measuring NATO’s Partnerships

2021 ◽  
pp. 1-32
Author(s):  
Branislav Mičko
Keyword(s):  
Human Rights ◽  
Fixed Effects ◽  
International Institutions ◽  
Negative Binomial ◽  
Negative Binomial Regression ◽  
Original Dataset ◽  
Strategic Approach ◽  
Binomial Regression ◽  
The Given ◽  
The Relationship

Building on an original dataset, this article focuses on the interactions between NATO and its declared worldwide partners. It argues that the analysis of these interactions can reveal NATO’s strategic approach to partnerships, but it can also provide a tool for its classification as an organisation that is either exclusive – defined by the focus on defence of its members, or inclusive – emphasising the global protection of democracies and human rights. The relationship between types of interactions and NATO categorisation is estimated using an unconditional negative binomial regression with fixed effects as well as a within-between (hybrid) model. Furthermore, they are illustrated on two brief case studies of Sweden and Japan. The results of the study suggest that NATO engages primarily with countries that are powerful relative to their neighbourhood, even though they are not the most powerful among the partners. The given country’s level of democracy, integration into the international institutions, and stability, do not seem to play any overarching role here.

scholarly journals The State of Human Rights and Political Freedoms in Belarus: Was the Crisis Inevitable?

2020 ◽  
Author(s):  
Nina Kolarzik ◽  
◽  
Aram Terzyan
Keyword(s):  
Human Rights ◽  
Presidential Election ◽  
Authoritarian Regimes ◽  
The State ◽  
Political Control ◽  
Political Crisis ◽  
The Political ◽  
Authoritarian Rule ◽  
Political Freedoms

The rule of Alexander Lukashenko in Belarus has created one of the most resilient authoritarian regimes in post-communist Europe. Meanwhile, the turmoil triggered by the 2020 presidential election has put in the spotlight the mounting challenges facing Lukashenko’s authoritarian rule. This paper investigates the state of human rights and political freedoms in Belarus, focusing on the main rationale behind the turmoil surrounding the 2020 presidential election. It concludes that the political crisis following the elections is the unsurprising consequence of Lukashenko’s diminishing ability to maintain power or concentrate political control by preserving elite unity, controlling elections, and/or using force against opponents.

scholarly journals Hard Protection through Soft Courts? Non-Refoulement before the United Nations Treaty Bodies

2020 ◽  
Vol 21 (3) ◽  
pp. 355-384
Author(s):  
Başak Çalı ◽  
Cathryn Costello ◽  
Stewart Cunningham
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
United Nations ◽  
Dimensional Analysis ◽  
European Convention ◽  
Individual Decision ◽  
Individual Decision Making ◽  
Original Dataset ◽  
European Court ◽  
The United Nations

AbstractThis Article comparatively analyses how the prohibition of refoulement is interpreted by United Nations Treaty Bodies (UNTBs) in their individual decision-making, where we suggest they act as “soft courts.” It asks whether UNTBs break ranks with or follow the interpretations of non-refoulement of the European Court of Human Rights. This investigation is warranted because non-refoulement is the single most salient issue that has attracted individual views from UNTBs since 1990. Moreover, our European focus is warranted as nearly half of the cases concern states that are also parties to the European Convention on Human Rights. Based on a multi-dimensional analysis of non-refoulement across an original dataset of over 500 UNTB non-refoulement cases, decided between 1990–2020, as well as pertinent UNTB General Comments, the Article finds that whilst UNTBs, at times, do adopt a more progressive position than their “harder” regional counterpart, there are also instances where they closely follow the interpretations of the European Court of Human Rights and, on occasion, adopt a more restrictive position. This analysis complicates the view that soft courts are likely to be more progressive interpreters than hard courts. It further shows that variations in the interpretation of non-refoulement in a crowded field of international interpreters present risks for evasion of accountability, whereby domestic authorities in Europe may favor the more convenient interpretation, particularly in environments hostile to non-refoulement.

Costa Rica election upset leaves stark run-off choice

2018 ◽  
Keyword(s):  
Human Rights ◽  
Costa Rica ◽  
Presidential Election ◽  
Same Sex ◽  
Single Issue ◽  
Same Sex Marriage ◽  
Content Type ◽  
Large Pool ◽  
Run Off

Subject Costa Rica's presidential election. Significance A shock result in the February 4 election has triggered a run-off between two diametrically opposed candidates of the same name (but not related) -- evangelical politician Fabricio Alvarado Munoz and former Labour Minister Carlos Alvarado Quesada. Neither candidate looked like a realistic prospect until the closing weeks of the campaign, when a controversial ruling on same-sex marriage polarised a substantial section of the electorate on that single issue. With just under two months until the second round, both candidates will now focus on shoring up their support and appealing to a large pool of undecided voters. Impacts A move towards the centre would likely see Alvarado Quesada pick up undecided voters put off by Alvarado Munoz’s evangelical support base. Alvarado Munoz would struggle to remove Costa Rica from the Inter-American Court of Human Rights. The Court's headquarters would have to move if Costa Rica did leave its jurisdiction. Whoever wins the run-off, Costa Rica’s relationship with the Court will be debated, potentially undermining its ability to enforce rulings.

Human Rights in the Oil and Gas Industry: When Are Policies and Practices Enough to Prevent Abuse?

2021 ◽  
pp. 000765032110174
Author(s):  
Tricia Olsen ◽  
Kathleen Rehbein ◽  
Michelle Westermann-Behaylo ◽  
Annie Snelson-Powell
Keyword(s):  
Human Rights ◽  
Multinational Enterprises ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Human Rights Abuses ◽  
Original Dataset ◽  
Holistic Understanding ◽  
Oil And Gas Firms ◽  
Policies And Practices

Multinational enterprises are aware of their responsibility to protect human rights now more than ever, but severe human rights violations, including physical integrity abuses (e.g., death, torture, disappearances), continue unabated. To explore this puzzle, we engage theoretically with the means-ends decoupling literature to examine if and when oil and gas firms’ policies and practices prevent severe human rights abuse. Using an original dataset, we identify two pathways to mitigate means-ends decoupling: (a) while human rights policies alone do not reduce human rights abuses, firms with a high-quality human rights policy over the long-term reduce severe human rights abuses; (b) firms that combine preparedness—which we define as a firm’s capabilities, practices, and engagement—with a long-term human rights policy also reduce the likelihood of human rights abuses. Preparedness, we argue, can lead to reinforcement dynamics between long-term policy efforts and additional capabilities that provide a more holistic understanding of firm behavior.

Canada's Constitutional Revolution: From Legislative to Constitutional State

1999 ◽  
Vol 33 (1) ◽  
pp. 13-50 ◽  
Author(s):  
Lorraine Eisenstat Weinrib
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Majority Rule ◽  
Bill Of Rights ◽  
Canadian Charter ◽  
Rights Protection ◽  
Constitutional State ◽  
Constitutional Revolution

… ‘true’ democracy recognizes the power of the constitution — fruit of the constituent authority — to entrench the fundamental human rights and the basic values of the system against the power of the majority. Such a limitation of majority rule does not impair democracy but constitutes its full realization.In 1982, Canada's written constitution acquired a bill of rights. The Canadian Charter of Rights and Freedoms, 1982 emerged as the product of a prolonged debate as to the propriety and desirability of protecting, by judicial review, an array of constitutional norms as part of the “supreme law” of Canada. The richness of that debate precipitated a new constitutional model that enlisted not only the courts, but the legislature and executive as well, in the project of rights-protection.

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