scholarly journals ‘When I See the ‘Broom’, I Will Pass over You’: An Assessment of President Muhammadu Buhari’s Anti-Corruption Crusade in Nigeria, 2015-2019

2021 ◽  
Vol 21 (2) ◽  
pp. 195-232
Author(s):  
O.O. Thompson ◽  
A.S. Afolabi ◽  
A.N. Raheem ◽  
C.A. Onifade
Keyword(s):  
Social Norms ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Press Releases ◽  
Political Will ◽  
The Rule Of Law ◽  
Media Reports

Corruption is a global phenomenon. Many states have embarked on several crusades to fight the menace, with little to show for these efforts. Using a critical analysis ofliterature, media reports and press releases, this articleassesses the anti-corruption crusade of President Muhammadu Buhari’s administration, 2015-2019. The article argues that in spite of the strategies and panoply of laws employed by the administration to tackle the menace, the crusade has to a large extent failed because the crusade is waged along ethnic and particularly party lines. The article recommends among other things the need for transparency in the crusade, building institutions, revival of social norms, political will, and respect of the rule of law.

Is Xenophobic Violence and Criminality Systemic in Post-Apartheid South Africa? A Critical Analysis of Growing Denialism to 2015 Incidents

Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Mbekezeli Comfort Mkhize ◽  
Kongko Louis Makau
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Hate Crime ◽  
International Organisations ◽  
Foreign Nationals ◽  
The Rule Of Law ◽  
South Africans ◽  
Structural Problems ◽  
The Government

This article argues that the 2015 xenophobic violence was allowed to spread due to persistent inaction by state officials. While the utterances of King Goodwill Zwelithini have in part fuelled the attacks, officials tend to perceive acts of xenophobia as ordinary crimes. This perception has resulted in ill-advised responses from the authorities, allowing this kind of hate crime against foreign nationals to engulf the whole country. In comparison with similar attacks in 2008, the violent spree in 2015 is characterised by a stronger surge in criminal activities. The militancy showcased fed a sense of insecurity amongst foreigners, creating a situation inconsistent with the country’s vaunted respect for human rights and the rule of law. Investors lost confidence in the country’s outlook, owing in part to determined denialism in government circles regarding the targeting of foreigners. While drawing from existing debates, the article’s principal objective is to critically examine the structural problems that enable xenophobia to proliferate and the (in)effectiveness of responses to the militancy involved in the 2015 attacks. Of particular interest are the suggested responses that could be effective in curbing future violence. The article concludes that xenophobia is systemic in post-apartheid South Africa. Strong cooperation between the government, national and international organisations could provide the basis for successful anti-xenophobia measures. The article further argues that the country is obliged to find a sustainable solution to the predicament for humanitarian reasons firstly, and in recognition of the support South Africans received from its African counterparts during the liberation struggle.

Individual Conduct and Social Norms: A Utilitarian Account of Social Union and the Rule of Law

1976 ◽  
Vol 26 (4) ◽  
pp. 466
Author(s):  
Leon W. Ellsworth ◽  
Michael E. Feld ◽  
Rolf E. Sartorius
Keyword(s):  
Social Norms ◽  
Rule Of Law ◽  
The Rule Of Law

scholarly journals Demokratska vladavina prava

2019 ◽  
Vol 56 (1) ◽  
pp. 87-106
Author(s):  
Olivier Jouanjan
Keyword(s):  
Rule Of Law ◽  
Direct Democracy ◽  
Fundamental Principle ◽  
Carl Schmitt ◽  
Modern Democracy ◽  
Political Will ◽  
The Rule Of Law ◽  
Administrative Control ◽  
The People ◽  
Collective Process

In Europe, democracy has a bright future. Not one democratic mechanism, however direct, cannot guarantee direct democracy. Therefore, the theory of populism by theoretician Carl Schmitt is analyzed « thoughts on Schmitt against Schmitt : Ernst-Wolfgang Böckenförde“. Furthermore, the democratic myth is discussed and its ideology. The state of rule of law of modern democracy and the two faces of modern democracy are analyzed. The need to participate in civil society in administrative control is stressed. The relation of the tension between democracy and rule of law is observed. The need to consider the concept of considering modern democracy in relation to the idea of rule of law, democracies under conditions of modern politics on the basis of which Böckenförde, referring to Hegel, calls the problem „division “are emphasized. It is precisely from this problem that Böckenförde shows that modern democracy can only be representative. Representation is a fundamental principle of the rule of law while representation means a system of formation necessary for expressing the political will of the people. Every formation of the collective process means the introduction of standards of procedure, significant guarantees and formal conditions of this process.

Revisiting the Classical Ideal of Citizenship

2017 ◽  
pp. 14-35
Author(s):  
Ryan Balot
Keyword(s):  
Rule Of Law ◽  
Critical Analysis ◽  
Civil Religion ◽  
Theory And Practice ◽  
Contemporary Theory ◽  
The Rule Of Law ◽  
Liberal Democratic ◽  
Democratic Ideals ◽  
The One

Building on Pocock’s influential account, this essay investigates Greek and Roman citizenship as a resource for the critical analysis of contemporary theory and ideology – in particular, the models of citizenship based on “neo-Roman” and liberal democratic ideals. On the one hand, a reconsideration of Roman theory and practice reveals the undesirable features fossilized in the Roman and “neo-Roman” tradition. The rule of law disguised the workings of unaccountable elite power; non-domination was idealized only because domination was so pervasive, beginning with the freedom/slavery dichotomy; and citizenship was often nothing more than a civil religion. Conversely, re-examining classical Greek theory and practice enables us to grasp the ethical and dialogical possibilities of citizenship that our liberal democratic models typically neglect. Hence, instead of limiting themselves to advising statesmen in specific times and places, political theorists should think more freely and broadly about our highest aspirations as citizens.

Religiosity as a public good

2008 ◽  
Vol 27 (2) ◽  
pp. 2-12
Author(s):  
Richard Sherlock
Keyword(s):  
Social Norms ◽  
Public Goods ◽  
Public Good ◽  
Rule Of Law ◽  
Political Order ◽  
National Defense ◽  
The Rule Of Law ◽  
Police Protection ◽  
Over Time

Public Goods can be seen as one important way in which societies sustain themselves over time. These are part of the puzzle of the development of political order. Public goods like the rule of law are non-substractable and non-excludable. For economists the classic textbook examples are national defense and police protection. In this paper I argue that religiosity can function like police protection, a means of sustaining order through fear of punishment from a transcendent source. As a means of reducing defection from social norms it has a role to play as a public good. But religion cannot at the same time be seen as the source of such norms or dissention will undermine the very order that punishment seems to reinforce.

Hans Kelsen and Court-Ordered Apology in Taiwan: A Critical Analysis of Judicial Yuan Interpretation No. 656 [2009]

2020 ◽  
Vol 21 (2) ◽  
pp. 270-297
Author(s):  
David KC Huang ◽  
Nigel NT Li
Keyword(s):  
Rule Of Law ◽  
Critical Analysis ◽  
Legal Institutions ◽  
Legal Institution ◽  
Pure Theory ◽  
The Rule Of Law ◽  
The People ◽  
Hans Kelsen

Abstract The rule of ‘Li’ (De-Zhi), which embraces the spirit that morality and law are one, historically underpinned China’s legal institution. Even though it is no longer recognised in Taiwan’s legal institutions, it still influenced judges when they had to decide whether a court-ordered apology should be constitutional. A critical analysis of Judicial Yuan Interpretation No. 656 [2009] through the lens of Hans Kelsen’s pure theory lays bare the quandary facing the judiciary in a Confucian society, that whilst the judiciary appreciated the merits of the rule of law, it hesitated to tell the people that morality is not law.

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