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Author: Sonia Zaman Khan Publisher: Routledge ISBN: 1351860240 Category : Law Languages : en Pages : 260
Book Description
Peaceful legal and political ‘changing of the guards’ is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral ‘caretaker covernment’ (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments’ wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality – perhaps akin to the CTG ethos – to oversee electoral governance, which will have to be renegotiated by the polity based on the people’s will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law.
Author: Sonia Zaman Khan Publisher: Routledge ISBN: 1351860240 Category : Law Languages : en Pages : 260
Book Description
Peaceful legal and political ‘changing of the guards’ is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral ‘caretaker covernment’ (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments’ wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality – perhaps akin to the CTG ethos – to oversee electoral governance, which will have to be renegotiated by the polity based on the people’s will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law.
Author: Sergio Bitar Publisher: JHU Press ISBN: 142141760X Category : Political Science Languages : en Pages : 487
Book Description
Thirteen former presidents and prime ministers discuss how they helped their countries end authoritarian rule and achieve democracy. National leaders who played key roles in transitions to democratic governance reveal how these were accomplished in Brazil, Chile, Ghana, Indonesia, Mexico, the Philippines, Poland, South Africa, and Spain. Commissioned by the International Institute for Democracy and Electoral Assistance (International IDEA), these interviews shed fascinating light on how repressive regimes were ended and democracy took hold. In probing conversations with Fernando Henrique Cardoso, Patricio Aylwin, Ricardo Lagos, John Kufuor, Jerry Rawlings, B. J. Habibie, Ernesto Zedillo, Fidel V. Ramos, Aleksander Kwasniewski, Tadeusz Mazowiecki, F. W. de Klerk, Thabo Mbeki, and Felipe González, editors Sergio Bitar and Abraham F. Lowenthal focused on each leader’s principal challenges and goals as well as their strategies to end authoritarian rule and construct democratic governance. Context-setting introductions by country experts highlight each nation’s unique experience as well as recurrent challenges all transitions faced. A chapter by Georgina Waylen analyzes the role of women leaders, often underestimated. A foreword by Tunisia’s former president, Mohamed Moncef Marzouki, underlines the book’s relevance in North Africa, West Asia, and beyond. The editors’ conclusion distills lessons about how democratic transitions have been and can be carried out in a changing world, emphasizing the importance of political leadership. This unique book should be valuable for political leaders, civil society activists, journalists, scholars, and all who want to support democratic transitions.
Author: Geoffrey Pridham Publisher: Dartmouth Publishing Company ISBN: Category : Political Science Languages : en Pages : 680
Book Description
The phenomenon of transitions to liberal democracy has become a major concern for political scientists in recent decades. This text covers conceptual issues for regime change, theoretical and comparative interpretations of transition and authoritarian collapse, national case-studies of transition (divided into three area studies), the international context of transition, the move towards democratic consolidation, and the future of democratic transition studies.
Author: Cristiano Paixão Publisher: Springer Nature ISBN: 3030675025 Category : Law Languages : en Pages : 323
Book Description
This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.
Author: Veronica Federico Publisher: Firenze University Press ISBN: 8884534011 Category : Law Languages : en Pages : 222
Book Description
"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description
Author: Richard Gunther Publisher: JHU Press ISBN: 9780801849824 Category : Political Science Languages : en Pages : 546
Book Description
With democracy on the rise worldwide, questions about "transition" are rapidly being replaced by questions about "consolidation." How can leaders provide for a stable democracy once a nation has made its initial commitment to the rule of law and to popularly edledted government? In The Politics of Democratic Consolidation, a distinguished group of internationally recognized scholars focus on four nations of Southern Europe—Spain, Portugal, Italy, and Greece—which have successfully consolidated their democratic regimes. Contributors: P. Nikiforos Diamandouros, Richard Gunther, Hans-Jürgen Puhle, Edward Malefakis, Juan J. Linz, Alfred Stepan, Felipe Agüero, Geoffrey Pridham, Sidney Tarrow, Leonardo Morlino, José R. Montero, Gianfranco Pasquino, and Philippe C. Schmitter.
Author: Sujian Guo Publisher: Routledge ISBN: 1317751078 Category : Political Science Languages : en Pages : 151
Book Description
Democratic transitions have occurred in many countries in various regions across the globe, such as Southern Europe, Latin America, Africa, East and Southeast Asia, Eastern Europe and the Middle East, and these nations have undergone simuntaneously political, economic and social transformations. Yet, the patterns and characteristics of transitions have varied significantly, and different modes of transition have resulted in different outcomes. This book offers cross-national comparisons of democratic transition since the turn of the twentieth century and asks what makes democracies succeed or fail. In doing so it explores the influence the mode of transition has on the longevity or durability of the democracy, by theoretically examining and quantitatively testing this relationship. The authors argue that the mode of transition directly impacts the success and failure of democracy, and suggest that cooperative transitions, where opposition groups work together with incumbent elites to peacefully transition the state, result in democracies that last longer and are associated with higher measures of democratic quality. Based on a cross-national dataset of all democratic transitioning states since 1900, this book will be of great interest to students and scholars of international politics, comparative politics and democracy, and democratization studies.
Author: Justine Guichard Publisher: Springer ISBN: 1137531576 Category : Political Science Languages : en Pages : 248
Book Description
Among the societies that experienced a political transition away from authoritarianism in the 1980s, South Korea is known as a paragon of 'successful democratization.' This achievement is considered to be intimately tied to a new institution introduced with the 1987 change of regime, intended to safeguard fundamental norms and rights: the Constitutional Court of Korea. While constitutional justice is largely celebrated for having achieved both purposes, this book proposes an innovative and critical account of the court's role. Relying on an interpretive analysis of jurisprudence, it uncovers the ambivalence with which the court has intervened in the major dispute opposing the state and parts of civil society after the transition: (re)defining enmity. In response to this challenge, constitutional justice has produced both liberal and illiberal outcomes, promoting the rule of law and basic rights while reinforcing the mechanisms of exclusion bounding South Korean democracy in the name of national security.
Author: Sonia Zaman Khan
Author: Sonia Zaman Khan
Author: Juan J. Linz
Author: Sergio Bitar
Author: Geoffrey Pridham
Author: Cristiano Paixão
Author: Veronica Federico
Author: Richard Gunther
Author: Sujian Guo
Author: American Council of Learned Societies
Author: Justine Guichard