Democratic theories and the problem of political participation in Nigeria: Strengthening consensus and the rule of law

Human Affairs ◽  
2014 ◽  
Vol 24 (1) ◽  
Author(s):  
Philip Ujomu ◽  
Felix Olatunji
Keyword(s):  
Political Participation ◽  
Rule Of Law ◽  
Political Ideology ◽  
Fair Play ◽  
Democratic Participation ◽  
The Rule Of Law ◽  
Democratic Practice ◽  
Basic Rights ◽  
Democratic Principles

AbstractThis paper addresses the problem of the strategies and theories of democratic participation in Nigeria that breed institutional marginality and bad governance due to shortfalls in pursuing the values of justice and empowerment as core democratic characteristics. The same democratic principles such as voting, parliament, constitution, judiciary, that are suggestive of gains such as responsible use, and peaceful transfer of power may not have translated fully into sociopolitical empowerment for responsibility and representation in evolving democratic practice in Nigeria due to problems of agency and political ideology. Democratic theorizing and participation in Nigeria has defied orthodox presuppositions seen in the disrespect for basic rights and the disregard for the rule of law in democracy that allow for fair play within and among the elites and political grassroots. Thus this study investigates the Nigerian predicament as a model or case study, raising questions about the reasons for the systematic disempowerment of groups.

Citizen-led digital policing and democratic norms: The case of self-styled paedophile hunters

2019 ◽  
pp. 174889581988095 ◽  
Author(s):  
Katerina Hadjimatheou
Keyword(s):  
United Kingdom ◽  
The Netherlands ◽  
Rule Of Law ◽  
Citizen Involvement ◽  
The Rule Of Law ◽  
The United Kingdom ◽  
The World ◽  
Democratic Principles ◽  
Democratic Norms

Citizen involvement in the provision of security is often presented as a win–win way to relieve pressure on police resources while building stronger, more responsible and democratically engaged communities. Governments in countries such as the United Kingdom and the Netherlands have adopted a ‘strategy of responsibilisation’ designed to encourage, enable and support citizens to take on tasks otherwise left for police. Yet, this strategy conspicuously ignores the growing number of citizen-led digital policing initiatives which operate independently without the encouragement or guidance of police. This article considers the implications of this trend for democratic norms in policing. It uses the phenomenon of self-styled paedophile hunters – which are now active in countries around the world – as a case study. The article makes comparisons between such initiatives and other, relatively well-theorised informal security providers, such as vigilante groups and civilian policing. It argues that, like vigilantes, citizen-led digital police often challenge democratic principles of transparency, accountability and the rule of law. Yet, like other civilian policing initiatives, they increase empowerment and participation, and rely for their success on the presence of strong and legitimate institutions of justice, to which they ultimately defer. These characteristics present a discreet set of opportunities and challenges for contemporary policing, which this article argues can only be addressed by strategic police engagement.

scholarly journals Connecting Reproductive Rights, Democracy, and the Rule of Law: Lessons from Poland in Times of COVID-19

2021 ◽  
Vol 22 (6) ◽  
pp. 1072-1097
Author(s):  
Atina Krajewska
Keyword(s):  
Rule Of Law ◽  
Reproductive Rights ◽  
The Rule Of Law ◽  
Abortion Law ◽  
Polish Society ◽  
History Of ◽  
Constitutional Tribunal ◽  
Litmus Test ◽  
The Relationship

AbstractThis article examines the relationship between reproductive rights, democracy, and the rule of law in transitional societies. As a case study, it examines the development of abortion law in Poland. The article makes three primary claims. First, it argues that the relationship between reproductive rights and the rule of law in Poland came clearly into view through the abortion judgment K 1/20, handed down by the Constitutional Tribunal in the middle of the COVID-19 pandemic. The judgment and the context in which it was issued and published are interpreted as reflections of deep-lying processes and problems in Polish society. Consequently, second, the article argues that analysis of the history of reproductive rights in recent decades in Poland reveals weak institutionalization of the rule of law. This is manifest in the ways in which different professional groups, especially doctors and lawyers, have addressed questions regarding abortion law. Therefore, third, the article argues that any assessment of the rule of law should take into account how powerful professional actors and organizations interact with the law. The Polish case study shows that reproductive rights should be seen as important parts of a “litmus test,” which we can use to examine the efficacy of democratic transitions and the quality of the democracies in which such transitions result.

The State and the Rule of Law

1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The State ◽  
The Political ◽  
The Rule Of Law ◽  
The Law ◽  
Democratic Principles ◽  
Set Up ◽  
The One ◽  
Real Chance

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.

Conflict and Courts: Civil War and Judicial Independence across Democracies

2018 ◽  
Vol 72 (3) ◽  
pp. 700-713
Author(s):  
Brad Epperly ◽  
Jacqueline Sievert
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
Civil Liberties ◽  
Judicial Independence ◽  
Executive Power ◽  
The Rule Of Law ◽  
Legal Studies ◽  
Federal Judiciary ◽  
Cross National

Many argue that during conflict, executive power expands at the expense of the judiciary and civil liberties. Although this is a common conjecture, no systematic study of conflict and judicial independence exists. We argue that conflict, rather than strictly inhibiting independence, is instead a critical juncture that increases the possibility of institutional change, either positive or negative. We assess this claim in three ways: cross-national analyses of (1) de facto and (2) de jure judicial independence after the onset of conflict, and (3) a case study of statutory and jurisdictional changes to the federal judiciary after the outbreak of the U.S. Civil War. Each illustrates that conflict onset is associated with a higher likelihood of changing levels—both decreases and increases—rather than unidirectional decreases in judicial independence. We then present preliminary hypotheses and analyses for three factors that, given conflict onset, should be associated with either improved or worsened conditions for the judiciary. This study has implications for research on conflict, courts, and the rule of law in both political science and legal studies.

scholarly journals Corruption and the Rule of Law in Sub-Saharan Africa

2011 ◽  
Vol 4 (2) ◽  
pp. 187-208 ◽  
Author(s):  
Stuart S. Yeh
Keyword(s):  
Sierra Leone ◽  
Rule Of Law ◽  
Good Governance ◽  
Sub Saharan Africa ◽  
International Agency ◽  
The Rule Of Law ◽  
The World Bank ◽  
Centralized Planning ◽  
Sub Saharan

AbstractThe World Bank and IMF attribute underdevelopment in sub-Saharan Africa to the practice of directing economic activity through centralized planning. They prescribe privatization and economic liberalization to restructure African economies, promote competition, reduce the scope for corruption, and promote good governance. However, inadequate checks on political power permit African elites to subvert these reforms. This article reviews the political economy of sub-Saharan countries as well as a case study of Sierra Leone to illustrate the problem. The analysis suggests the need for an international agency such as the UN to provide the capacity to investigate, expose and check corruption by employing UN inspectors who are immune to pressure from powerful African elites. This type of check on corruption is necessary to promote the rule of law in sub-Saharan Africa.

scholarly journals Legal Pluralism and the Rule of Law in Timor Leste

2006 ◽  
Vol 19 (2) ◽  
pp. 305-337 ◽  
Author(s):  
LAURA GRENFELL
Keyword(s):  
Rule Of Law ◽  
Legal Pluralism ◽  
The State ◽  
East Timor ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Informal System ◽  
Transitional Countries ◽  
Timor Leste

Many transitional countries face the problem of establishing the rule of law in a weak justice sector where a gulf separates local legal norms from national, constitutional norms that are drawn largely from the international sphere. As a case study of East Timor this article challenges simplistic positivist notions about the normative hierarchy of laws within a constitutionally bounded polity. It argues that in transitional countries such as East Timor legal pluralism is important but must be properly tuned to serve the rule of law. Legal pluralism poses certain dangers when it operates without any of the checks or balances that ensure accountability and the promotion of constitutional values such as equality. The rule of law is not served by an informal system where there are no formal avenues of appeal and thus minimal accountability and transparency. A more promising version of legal pluralism that comports with the rule of law is one that empowers the state to monitor local decisions to ensure that they observe the norms set out in East Timor's Constitution.

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