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1001. The Problem of Legitimacy in the European Polity. Is Democratization the Answer?";

Author:
Ulrich K. Preuss and Claus Offe
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The authors discuss potential sources of legitimacy of the EU, i. e. of the normative bindingness of its decisions. After rejecting the views that such legitimacy is either not needed, not feasible, or provided for already, they focus upon the corrosive impact of the EU upon democratic legitimacy within member states. Brussels-based 'governance' is essentially uncontested and can hardly provide for the legitimacy that results from the interplay between government and opposition within nation states. The problem boils down to achieving legitimacy in the absence of the political community of a 'demos'. The paper outlines a solution to this problem that relies on the apparently oxymoronic model of a 'republican empire' - a political community, that is, which is held together not by the bonds of some presumed sameness, but, to the contrary, by the shared contractual recognition of the dissimilarity of its constituent parts from which legitimacy can flow.
Topic:
Democratization, Development, and Politics
Political Geography:
Europe and Brussels

1002. The Relation between Democracy and Religion: Towards a European Discursive "Model";?

Author:
Camil Ungureanu
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
In this paper we advance the argument that, under certain socio-political and cognitive conditions, the manifestation of religion in the opinion-oriented public spheres can have an inherent value for democratic life. However, it is only after processes of selective interpretation and transformation through inclusive discursive practices that religious semantic contents may legitimately influence decisional interpretations of constitutional principles and rights. This “model” draws on republicanism and deliberative democracy: given that these two conceptions do not start out from an abstract principle of liberty as non-interference but from a multidimensional conception of freedom embedded in various historical contexts of mutual recognition, they are more predisposed to provide conceptual resources for envisaging a discursive relation between democracy and religion.
Topic:
Democratization, Economics, Politics, and Religion
Political Geography:
Europe

1003. 'Solange, chapter 3': Constitutional Courts in Central Europe – Democracy – European Union

Author:
Wojciech Sadurski
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Soon after the accession of eight post-communist States from Central and Eastern Europe to the EU, the constitutional courts of some of these countries questioned the principle of supremacy of EU law over national constitutional systems, on the basis of their being the guardians of national standards of protection of human rights and of democratic principles. In doing so, they entered into the well-known pattern of behaviour favoured by a number of constitutional courts of the “older Europe”, which is called a “Solange story” for the purposes of this article. But this resistance is ridden with paradoxes, the most important of which is a democracy paradox: while accession to the EU was supposed to be the most stable guarantee for human rights and democracy in postcommunist States, how can the supremacy of EU law be now resisted on these very grounds? It is argued that the sources of these constitutional courts' adherence to the “Solange” pattern are primarily domestic, and that it is a way of strengthening their position vis-à-vis other national political actors, especially at a time when the role and independence of those courts face serious domestic challenges.
Topic:
Democratization and Government
Political Geography:
Europe

1004. Falling In Line on Israel

Author:
Stephen Zunes
Publication Date:
11-2006
Content Type:
Policy Brief
Institution:
Foreign Policy In Focus
Abstract:
The election of a Democratic majority in the House and Senate is unlikely to result in any serious challenge to the Bush administration's support for Israeli attacks against the civilian populations of its Arab neighbors and the Israeli government's ongoing violations of international humanitarian law.
Topic:
International Relations, Democratization, Humanitarian Aid, and Politics
Political Geography:
Middle East, Israel, and Arabia

1005. Bush at the UN: Annotated

Author:
Stephen Zunes
Publication Date:
09-2006
Content Type:
Policy Brief
Institution:
Foreign Policy In Focus
Abstract:
President George W. Bush's address before the United Nations General Assembly on September 19 appeared to be designed for the domestic U.S. audience. Indeed, few of the foreign delegations or international journalists present could take seriously his rhetoric regarding the promotion of democracy in the Middle East, given the reality of U.S. policy in the region.
Topic:
Foreign Policy, Democratization, and United Nations
Political Geography:
United States

1006. Radical Democracy in the Andes: Indigenous Parties and the Quality of Democracy in Latin America

Author:
Donna Lee Van Cott
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
I explore whether recently formed indigenous political parties in Ecuador and Bolivia are fulfilling their promise to improve the quality of local government by establishing institutions that promote intercultural cooperation and the participation of individuals and civil society groups. To the extent that such improvements have occurred, I seek to identify the conditions under which they succeed. I argue that under certain conditions even "least-likely cases" for the establishment of radical democratic models can produce positive changes in relations among hostile ethnic groups, shift resources toward underserved populations, and create spaces for citizens and civil society groups to deliberate public spending priorities. Such models are most likely to work when indigenous parties and their social movement sponsors are able to (1) maintain internal unity and solidarity; (2) develop distinct, complementary roles; (3) attract charismatic, talented mayors who are willing and able to work across ethnic lines; (4) reelect successful mayors; and (5) attract resources and technical support from external donors.
Topic:
Civil Society, Democratization, and Development
Political Geography:
South America, Latin America, Ecuador, and Bolivia

1007. Integrative Processes in the South Caucasus and their Security Implications

Author:
Leila Alieva
Publication Date:
03-2006
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
The issue of threats and risks, and policy responses to them, acquired a profound importance after 2001. The post-Soviet developments in the South Caucasus is an interesting case study, reflecting problems and contradictions in the relations between the West and the East, developed democracies and states in transition, Christians and Muslims. It also contributes to the current debates about: asymmetric threats and ways of addressing them, relations between democracy and security, which effect integration processes may have had on the security challenges of the century.
Topic:
Security, NATO, and Democratization
Political Geography:
Middle East and Soviet Union

1008. Global Lessons and Best Practices: Fighting Corruption and Promoting the Rule of Law Through Transparency, Openness and Judicial Independence

Author:
Keith Henderson
Publication Date:
01-2006
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
IFES believes all countries, including China, should publish an annual State of the Judiciary Report that will serve as both an internal and external tool that can be used by multiple stakeholders for multiple purposes, including promoting and systematically reporting on needed reforms and key issues. It should be disseminated to the public at large, as well as to targeted stakeholders, such as the business and human rights communities, bar associations, judges, reformers, policy-makers and donors. We believe the publication and distribution of the report will increase the quality and quantity of concrete information on the judiciary, more transparency, accountability and public awareness, qualitative comparative research and valuable cross-country lessons learned and judicial competition. We invite and challenge you to demonstrate your firm commitment to the important task ahead.
Topic:
International Relations, Civil Society, and Democratization
Political Geography:
China

1009. Corruption in China: Half-way Over the Great Wall

Author:
Keith Henderson
Publication Date:
11-2006
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The legal-judicial transformation taking place behind China's Great Wall outpaces most other developing and transitional countries, but is reaching a critical crossroads. If the pace of judicial reform is maintained and implemented, it has the potential to impact on China and the world's future as much as the economic reforms of the last two decades, if not more so. The judicial system is emerging as a key institution in the reform process, and key decisions related to judicial independence in coming years will largely determine China's stature and place within the global community, and the government's relationship with its citizens. 1 In a relatively short period of time, new criminal, civil and administrative law codes, anti- corruption laws, as well as thousands of judicial, economic and administrative regulations have either been passed, repealed or undergone substantial reform. Property rights and institutional reforms have also been enshrined in the constitution, an important Judges Law professionalising the judiciary has been passed and a number of important treaties have now been ratified. For the first time in modern Chinese history, the courts and legal profession are slowly but surely emerging as important, professional institutions with growing power. The main question of the day is whether China's leaders will now make the structural, judicial and political reforms necessary to address corruption and create an independent judiciary – albeit with Chinese characteristics.
Topic:
International Relations, Civil Society, and Democratization
Political Geography:
China

1010. Post-Election Report on the 2006 Presidential and Local Council Elections in Yemen

Publication Date:
11-2006
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The simultaneous presidential, governorate council and local council elections in 2006 made them the most technically complex ever held in Yemen. For the first time in the region, a head of state faced a credible opponent in a competitive electoral contest.
Topic:
International Relations, Civil Society, and Democratization
Political Geography:
Africa and Yemen