scholarly journals Direct democracy and the rise of political entrepreneurs

2019 ◽  
Vol 16 (1) ◽  
pp. 27-48
Author(s):  
Dario Čepo ◽  
Dario Nikić Čakar

The last decade saw a rise in the use of direct democracy in Croatia. The proliferation of citizens' initiatives and referendums was meant to activate politically passive citizens and to strengthen their role as controllers of the executive. Our research, based on the qualitative analysis of the legal framework on citizens' initiatives and referendums in Croatia, as well as post-2010 initiatives, showed that this was not the case. Instead, political and social entrepreneurs, both long established, like trade unions, and newly formed, like conservative civil society organizations, used the tools of direct democracy to promote their particular anti-minority, anti-government or anti-establishment agendas. They succeeded in both constraining the power of the elite through the process of getting to the referendum and wresting control over the agenda-setting process post hoc. The added value of this paper lies in showing that citizens' initiatives can succeed in getting their demands met even when they are not successful in organizing referendums, which is due to weaknesses in the legal framework surrounding referendums and initiatives.

Author(s):  
Asha Bajpai

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.


2006 ◽  
Vol 10 (spe) ◽  
pp. 213-234 ◽  
Author(s):  
Mário Aquino Alves ◽  
Natália Massaco Koga

The purpose of this study is to understand the impact of the new Brazilian legislation regulating partnerships between the State and Civil Society (Nonprofit) Organizations between 1999 and 2002. The passing of Law No. 9790/99 - known as the Nonprofit Law - created the legal concept of Organizações da Sociedade Civil de Interesse Público - OSCIPs (Public Interest Civil Society Organizations). Based on an exploratory survey, this study, using the Institutional Theory, allowed the analysis of how older organizations (NGOs and traditional social benefit organizations) resisted to the adoption of the OSCIP standard due to organizational inertia, while acceptance of the model was greater among younger organizations, in a clear coercive and normative isomorphic development.


Author(s):  
I. Mahnovskyi

Purpose. The aim of the work is to analyze in the constitutional and legal aspects public associations as a constitutional institution of public nature, to determine its role and importance in the system of human rights enforcement in Ukraine, to clarify the peculiarities of formation and effective activities of this institution. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific reseach have been implemented: terminological, logical-semantic, functional, system-structural, logical-normative. Results. The study states that the driving force of a democratic, legal process is the growth of an active civil position, which is the basis for the formation of public associations, which are a basic component of civil society. The institute of public associations is an important component of the system of constitutional law of Ukraine. Involving citizens in political decision-making is one of the main principles of direct democracy. The focus is on improving the legal framework of the institute of public associations. Scientific novelty. The study has revealed that public associations, as institutions, should be an integral part of civil society in the formation of democracy; to introduce constitutional and legal mechanisms of interaction with the institution of public associations and to identify their real practical effectiveness for ensuring human rights and needs in society. Practical significance. The results of the study can be used in law-making and law enforcement activities during the functioning of the institution of public associations in the system of human rights.


The financial viability is one of the most important element in achieving sustainability for a civil society, especially in post-Socialist states of Eastern and Central Europe. Despite positive assessments of the role and potential of civil society in Ukraine from scholars and analysts and comparatively high score of civil society organizations’ sustainability index taking in comparative perspective for a whole region, its financial capabilities remains its weakest part during decades of Ukrainian independence. Having comparatively friendly legal and political environment and achieving some impressive results in advocacy, building coalitions and networks and enhancing its organization capabilities Ukrainian CSOs still remain dependant from international donors. Some shifts in financial resilience of civil society demands not only efforts from its side, but finding a consensus with a state on the model to achieve. Three typical models of interrelations by civil society and government, emerged in contemporary Europe are provided, they could be distinguished based on the social and political role of CSOs and their functions in public services provision. These models based on the scales of institutionalization and level of independence of civil society relatively to the authorities and include Social-democratic (Scandinavian), Liberal (Anglo-Saxon) and Corporativism (Continental) types. Ukrainian civil society, regardless achievements in organizational capacities and sectoral infrastructure, still remains in the «emerging» transitional spot due to the extremely small amount of public funds it attracts and based on uncertainty of its role on national and local level. Perspective destinations for civic-state dialogue are emphasized, among which there are finding the consensus of desired model and adopting new National Strategy of Stimulation Civil Society in Ukraine for next five years, changes in legal framework for local self-government, social entrepreneurship, taxation of charity and means earned by CSO themselves and establishing new practices and institutions for public financing of CSOs on national and regional levels.


2012 ◽  
Vol 2012 (3) ◽  
pp. 145-164
Author(s):  
Valerii Golovenko

The article outlines the potential impact of civil society organizations on the process of social dialogue. It is shown that the effectiveness of such dialogue, its impact on solving major socio-economic societal problems, to strengthen justice and sustainable of social development largely depends on the level of the tripartite collaboration of state agencies, trade unions and employers. The condition of social dialogue in modern Ukraine is analyzed.


Author(s):  
Marcio Pessôa ◽  
◽  

How can the shrinking of civic spaces be reversed? This article suggests an analytical approach to identify mechanisms that cause the shrinking of civic spaces in Mozambique, and presents a starting point for building strategies to react to this process. Based on interviews and participative observation in the field, it explores events and episodes where crucial issues or activists’ groupings were neutralised, and visits the theory of defiance in civil society, power and contentious politics to explain how the shrinking of civic spaces has been taking place in Mozambique in the past ten years. It is reasonable to state that activists need to cope with cultural and cognitive barriers in order to face the various expressions of state and market power in Mozambique. Civil society organizations need to work with their donors to create new forms of relationship together, where issues such as accountability, for example, do not put at risk civic spaces and projects that have made a positive difference to people’s lives. In addition, activists need to establish a joint lobbying focus for constructing a legal framework that facilitates the emergence of new civic spaces in urban and rural areas.


Author(s):  
Hani Albasoos

In Syria, there is not expected to break out of the revolution of this magnitude. Most people of Syria before others did not expect that the revolution breaks out originally because the regime governs Syria in an oppressive security manner. The regime controls the situation that making it difficult of any popular movement. Political life is not existent in the country. There are no civil society organizations and trade unions are not real and not real parties or political groupings, making it difficult with the outbreak of the revolution in the country in such a dictatorship, security control, which controls everything in people's lives. So Syria was apparently outside the US and global thinking. It has been stated by some officials in America and has had their expectations outbreak of the revolution in Syria minimal because the global system was not ready to abandon the Assad regime because the regime is better for them. However, the revolution in Syria broke out, caught and swept across the country, confusing international systems that were not planning to substitute for the Syrian regime. The Syrian regime is no doubt that one of the major hubs in the region.


2021 ◽  
Vol 5 (Supplement_1) ◽  
pp. 478-478
Author(s):  
Veronica Montes de Oca ◽  
Ronald Angel

Abstract As in other nations, the aging of the population of Mexico presents many challenges specially in dependence. These social and political changes occur in the context of a series of interacting political, social and demographic transformations. At the end of the 20th and beginning of the 21st Centuries civil society organizations have begun to define a third sector. A growing desire of individuals to exercise more direct democracy, has accompanied the growth of identity politics and the rise of groups representing women, indigenous populations, racial and religious minorities, environmental interests, older persons, and others. These groups have changed public discourse and today give individuals greater capacity to demand their basic human and social rights. This paper reviews the impact of these changes on older people and multidimensional care.


2021 ◽  
pp. 30-47
Author(s):  
Liliana Palihovici ◽  

CSOs are a key component of an open and democratic society as they play a key role in the strengthening of democracy and the rule of law, their dialogue with the public authorities being a precondition for this. By analyzing the development of dialogue between Moldovan CSOs and Central and Local Public authorities (CPA / LPA), I found that PA are not yet fully aware of the value of the dialogue, which is sporadic and guided by certain interests, that do not always coincide with the public interest. The key objective pursued by this research was to review the environment underlying activity and collaboration of the civil society from the standpoint of influence exerted by the internal and external factors that determine the core essence of the social environment, while paving and setting conditions for carrying out activities and collaboration between the civil society and public authorities. The paper aims to prove that more communication and collaboration between public authorities and civil society organizations, will likely result in a more inclusive, qualitative and focused act of governance. The author analyses and presents the existing decision-making systems and its consultation mechanisms with the civil society organizations in the Republic of Moldova, the existing opportunities for CSO’s involvement in the public policy making process and the actual practices. A number of research methods were used in the study, aimed at highlighting the particularities of the dialogue and cooperation between the public authorities (PA) and the CSOs, as part of the act of governance, studying the development over time and the influence of various social, economic and political factors on these processes. Thus, the historical analysis method to research the origin and evolution of the legal framework that regulates the dialogue and cooperation between PA and the CSOs was applied. It included analysis of the relevant laws, regulations and policies, together with existing reports and studies on the subject of research, in the Republic of Moldova. I found that public authorities are not yet fully aware of the value of the dialogue and the political factor is also of great influence, as in recent years there has been an increasing pressure on the civil society. The paper reflects the current situation in Moldova, which can be summarized as follows: a) there are no permanent mechanisms or platforms for cooperation and consultation, open to all. Civil society participation is limited to a small number of CSOs, and there are no incentives for the growth of CSOs. b) LPAs, compared to CPAs, enjoy a much higher level of ,,trust” from the society/community, but they rarely have the resources and skills to conduct a constructive dialogue with CSOs; c) there is a proven reluctance of the LPA/CPA to deepen the dialogue and cooperation with the civil society; d) The culture of participation is very weak as there is no perception that participation is an instrument of change. A number of recommendations in order to address the identified problems are listed.


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