scholarly journals Power Politics and the Rule of Law in Post-Dayton Bosnia

2013 ◽  
Vol 7 (2) ◽  
pp. 189-210 ◽  
Author(s):  
Timothy Donais

Over the past two decades, therule of law has emerged as a key priority within contemporary peacebuildingefforts. Drawing on examples from post-Dayton Bosnia, this article examines theimpact of rule of law reform efforts on broader patterns of power and politicalauthority in peacebuilding contexts. It suggests that in the case of Bosnia,the use of rule of law strategies to restructure political life has largelyfailed. Thus, despite some notable achievements on the rule of law front, thecore dynamics of Bosnia’s political conflict remain intact, and country’s peaceprocess is as fragile as ever. The article concludes by noting that charting acourse between accepting the political status quo and fundamentallytransforming it requires more nuanced approaches that advance the rule of laweven while accepting its limits as an instrument of deep politicaltransformation.

Author(s):  
Jelle J.P. Wouters

This chapter examines how protracted political conflict shapes the ways ordinary Naga men and women ‘see’ the postcolonial state. For most Nagas, long decades of conflict were marked by a dual relation to the state. On the one hand, they experienced the coercive, repressive powers of the state, while, after the enactment of Nagaland in 1963, the state manifested itself as a source of largesse and livelihood, as part of a politically driven policy of ‘seduction’ to tie Nagas to existing state structures and the political status quo. These historical experiences muddled distinctions between the state as a benevolent provider and protector, and that of a dispenser of bodily violence and misery, between the state as a lucrative resource and reservoir of public resentment. The way Naga villagers engage and ‘see’ the state, I argue, is mediated by this historical ambiguity.


Te Kaharoa ◽  
2017 ◽  
Vol 10 (1) ◽  
Author(s):  
Paul Moon

Although the manifestos or policies of most New Zealand political parties aspire to improve some aspect of the country, few have matched the Values Party’s 1972 Blueprint for the utopian form and extent of the changes it promised to being into effect. And unlike the policies of most other New Zealand political parties in the twentieth century, the Values Party proposed that material progress ought to be stopped at some point, echoing the notion of the stationary state which John Stuart Mill devised in 1848.   However, the Blueprint’s distinctly utopian orientation was not only necessarily subversive of the political status quo in the country, but simultaneously rejected the past and present in favour of a radically transformed future, while (seemingly paradoxically) drawing on a nostalgic interpretation of aspects of New Zealand’s colonial era as a thematic source of its utopian construct for the country. This article examines these dimensions of the Blueprint, and how the inherent flaws in practically all utopian movements similarly undermined the Values Party’s programme for a utopian New Zealand.


2020 ◽  
Vol 28 (2) ◽  
pp. 219-243
Author(s):  
E. Kofi Abotsi

There exists broad consensus that the reality and persistence of corruption under the 1992 Ghanaian Constitution undermines the ongoing attempt at democratic consolidation and responsible governance. From the standpoint of constitutional trusteeship, corruption has been said to undermine regime legitimacy and the overall public service obligation incumbent on political actors. However, past attempts at fighting the menace through the mechanism of law reform have floundered. The recent passage of the Office of the Special Prosecutor's Act 2018 (Act 663) represents yet another statement of intent to reinforce the accountability framework of the constitution and presents opportunities for fresh but nuanced reflections on the impact of the Constitution and legal rules on the prevention and suppression of corruption in Ghana. This article reviews the passage of the new law within the context of the political economy of the Rule of Law (ROL) and anti-corruption initiatives in Ghana. In this vein, the author makes the broad claim that while advocates of the ROL might race to appropriate any glory for its passage and future effectiveness, the reality cannot be denied that legally exogenous factors arguably constitute the main levers of change in the fight against corruption in Ghana. Accordingly, the success of this law depends on a host of contextual systemic and other variables impacting its operation.


2021 ◽  
Vol 49 (5) ◽  
pp. 808-819
Author(s):  
Sofie Bedford

AbstractOn August 9, 2020, presidential elections were held in Belarus. Despite blatant electoral fraud and procedural violations, the official results declared Aleksandr Lukashenka reelected for a sixth term. While in the past, even the most obviously fraudulent election results have been followed by an atmosphere of resigned acceptance, this time countless Belarusians took to the streets to contest the results. What made this election different? This analysis of current affairs looks at the 2020 events through the lens of authoritarian consolidation theory, suggesting the unprecedented political mobilization was enabled by erosion in the three pillars of authoritarian stability: repression, cooptation, and legitimation. A majority of the population had been accepting the political status quo out of fear, for social and monetary security provided in exchange for loyalty, or a general understanding that there were no alternatives. Lukashenka did not realize this had largely changed. Nine months later, the foundation of the authoritarian regime is in an even worse shape. The regime’s reliance on repression further counteracts the legitimacy of the system. As a result, it seems it will be difficult for the authorities to re-consolidate authoritarianism, at least in the near future, no matter how the ‘revolution’ unfolds.


Afrika Focus ◽  
1986 ◽  
Vol 2 (3-4) ◽  
Author(s):  
Filip Reyntjens

This paper provides a short survey and assessment of the political evolution of Rwanda since the inception of the Second Republic in 1973. After a period of de facto rule the country returned to constitutional government in 1978. A single party, the Revolutionary National Movement for the Development, had already been created by the military in 1975. The paper examines the constitution, the organisation of elections, political conflict and the respect for human rights and the rule of law. While the regime has achieved considerable successes, the paper argues that its level of institutionalisation remains limited and that its stability and achievements are essentially due to the personality of President Habyarimana. KEYWORDS : civilianisation, constitutional law, political change, Rwanda 


2016 ◽  
Vol 11 (4) ◽  
pp. 307
Author(s):  
Diana Maksimiuk

The Year 1956 in Poland – Lawyers’ Discussions aboutbJustice, Public Prosecutors’ Offices and Criminal LawSummary The year 1956 was frequently described as a “breakthrough” in the postwar history of Poland and constituted the end of the Stalin’s epoch. The change of the political conditions which took place during that time, as well as accompanying freedom of speech, created unlimited opportunity to criticise that period. In deliberation of the state of Poland the debate about the issue of the justice has been also led. The law society which participated actively in those events was aimed mainly at restoring the rule of law and reconstructing the justice’s authority. Definitely, the most important matter under discussion was to deal with the past. Criticism and even self-critical opinions occured together with proposals concerning the future situation. Among so many solutions which have been presented by lawyers, the most noticeable was the tendency to bring the status of prewar law back. Although this returing was not achieved, in consequence of that debate the transformation which symbolised new age was introduced.


2017 ◽  
Vol 5 (8) ◽  
pp. 44
Author(s):  
Luz Balaj ◽  
Florent Muçaj

The role of political parties in increasing the capacities for the rule of law and the internal development of political parties, are two issues among several ones discussed in this analysis. The reformation of political parties from nationwide movements in structured political parties was and remains a very little analyzed process. The developments in Kosovo and the solution of its final status have distracted the political parties from having the dedication towards many vital issues, such as rule of law, their internal reformation. In the end I have analyzed another issue which appears as an obstacle for substantial reforms of political parties, which is the lack of constitutional control for political parties’ programs and their way of functioning.The treatment of the organization of political life, focusing on the role of political parties and their dedication for law and order, is undoubtedly a substantial and analytical innovation, important for the political parties themselves. Having a look in general scientific analysis for political parties not only within Kosovo, we can understand that studies that treat certain segments of political parties, especially their platforms, are quite late.


Afrika Focus ◽  
1986 ◽  
Vol 2 (3-4) ◽  
pp. 273-298
Author(s):  
Filip Reyntjens

The Second Republic Of Rwanda : Evolution, Balance And Perspectives This paper provides a short survey and assessment of the political evolution of Rwanda since the inception of the Second Republic in 1973. After a period of de facto rule the country returned to constitutional government in 1978. A single party, the Revolutionary National Movement for the Development, had already been created by the military in 1975. The paper examines the constitution, the organisation of elections, political conflict and the respect for human rights and the rule of law. While the regime has achieved considerable successes, the paper argues that its level of institutionalisation remains limited and that its stability and achievements are essentially due to the personality of President Habyarimana.


2019 ◽  
Vol 98 (1) ◽  
pp. 22-44 ◽  
Author(s):  
Rachael E. Comunale

This article examines the development of political opposition in Scotland from 1695 to 1701 in the context of the Company of Scotland Trading to Africa and the Indies. It is argued that the potency of the political movement inspired by Darien derived from the view that King William was directly implicated in the failure of the colony. Three episodes in the Company's history—the loss of subscriptions in Hamburg, the appearance of memorials in the new world prohibiting English aid to the colony and the imprisonment of Darien sailors by the Spanish authorities—are examined in detail. The ramification of these controversies was increasingly seen as the result not of English interference, but rather the crown's refusal to act on behalf of the Company. Because a significant proportion of the population was invested in the Company, and because the press helped to keep Darien in the forefront of public consciousness, these issues transformed Darien into a major political grievance that united disparate political factions in support of a single cause. Although the alliance inspired by Darien was temporary, it, nonetheless, played a crucial role in disrupting the political status quo.


1974 ◽  
Vol 64 ◽  
pp. 62-78 ◽  
Author(s):  
A. W. Lintott

The battle of Bovillae on 18th January, 52 B.C., which led to Clodius' death, was literally treated by Cicero in a letter to Atticus as the beginning of a new era—he dated the letter by it, although over a year had elapsed. It is difficult to exaggerate the relief it afforded him from fear and humiliation for a few precious years before civil war put him once more in jeopardy. At one stroke Cicero lost his chief inimicus and the Republic lost a hostis and pestis. Moreover, the turmoil led to a political realignment for which Cicero had been striving for the last ten years—a reconciliation between the boni and Pompey, as a result of which Pompey was commissioned to put the state to rights. Cicero's behaviour in this context, especially his return to the centre of the political scene, is, one would have thought, of capital importance to the biographer of Cicero. Yet two recent English biographies have but briefly touched on the topic. It is true that, in the background of Cicero's personal drama, Caesar and Pompey were taking up positions which, as events turned out, would lead to the collapse of the Republic. However, Cicero and Milo were not to know this, nor were their opponents; friendly cooperation between the two super-politicians apparently was continuing. Politicians on all sides were still aiming to secure power and honour through the traditional Republican magistracies, and in this pursuit were prepared to use the odd mixture of violence, bribery and insistence on the strict letter of the constitution, which was becoming a popular recipe. In retrospect their obsession with the customary organs of power has a certain irony. Yet it is a testimony to the political atmosphere then. Their manoeuvres are also important because both the instability caused by the violence of Clodius and Milo, and the eventual confidence in the rule of law established under Pompey's protection, helped to determine the political position of the boni associated with Pompey in 49 B.C. Cicero's relationship with Milo is at first sight one of the more puzzling aspects of his career. What had they in common, except that Milo, like most late Republican politicians, was at one time associated with Pompey? Properly interpreted, however, this relationship may not only illuminate Cicero's own attitudes but illustrate the character of the last years of Republican politics.


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