Concept Of Democracy Research Articles

Elements of a doctrine of transnational constitutional norms

Abstract This article uses the traditions of constitutionalism to develop the building blocks of a doctrine of transitional constitutional norms. After arguing that existing doctrines of implicit constitutional unamendability, such as the basic structure and constitutional replacement doctrines, are derivative, the article provides an account of the underlying primary doctrine: transnational constitutional norms. From the perspective of the form of government, constitutional norms are divided into peremptory and voluntary norms. Unearthing an old, but now largely forgotten, tradition of political thought, it defines peremptory norms as norms that derive from or constitute the form of government. These constitutional norms have a complex nature: domestic and transnational. The transnational dimension immunizes the people’s choice in favor of the democratic form of government by protecting peremptory norms from deselection, defined as the impermissible alteration or replacement of that form of government through piecemeal derogation from peremptory norms. Only the people as pouvoirconstituant, but not their representatives, may chose the form of government and only through a full-scale process of constitution-making. The article uses judicial independence to illustrate the idea of peremptory constitutional norms. The doctrine of transnational constitutional norms helps to resist attempts at undermining judicial independence and to protect the integrity of the democratic form of government against impermissible deselection.

GOVERNANCE AND HUMAN RIGHTS IN SOUTH ASIA: AN EVOLVING PERSPECTIVE

South Asia has been transitioning to more democratic forms of governance over the last two decades. Traditionally overlooked due to its deficiencies and poverty, the region is now witnessing significant economic and industrial growth. This paper explores the importance of good governance and human rights in South Asia, analyzing the unique challenges faced by these countries in reforming their governance and administrative systems. It also examines the emerging perspective of good governance in South Asia, which differs from Western concepts.

Citizenship and Democracy in the Texas Social Studies Curriculum: A Historical Comparison

Using exploratory qualitative document analysis, this article examines the conceptions of citizenship and democracy in Texas's social studies curriculum standards. In a historical comparison of standards from 2011 and 2018, conceptions of citizenship and democracy are compared to definitions developed by international civic education experts. Citizenship and democracy in the Texas curriculum are identified as inconsistent with the definitions of those terms developed by civic education experts. Instead, the terms are seen to be related to Barber’s (1984/2003) thin democracy and procedural conceptualizations of citizenship. Moreover, conceptions of the terms remain the same from 2011 to 2018. Implications for teacher education and public school practice are discussed. Recommendations for future research are presented. Included among recommendations for future research is the analysis of curriculum documents in additional U.S. states and curriculum documents in countries outside the United States.

The Alevis and Roma/Gypsy in Turkey: republican freedom revisited

This study examines the prospects and limitations of the republican theory of freedom as an analytical tool for analysing Turkey’s state of rights and liberties. Following an outline of the main philosophical arguments of republican freedom, which emphasises the link between freedom and non-domination, the paper focuses on the cases of Alevis and Roma-Gypsy populations in Turkey, as two different minority groups that face a unique set of identity problems. The debate on the nature of the discriminatory treatment of certain ethnoreligious groups in Turkey tries, on the one hand, to demonstrate the republican conception’s promise to uncover difficulties relating to the status of freedoms. On the other hand, it seeks to highlight potential constraints, especially when it realises socio-economic rights.

A Transcultural Interpretation of Key Concepts in China-US Relations: Hegemony, Democracy, Individualism and Collectivism

Abstract China-US bilateral relations suffer from periodical setbacks and transcultural communication has a positive role to play in improving those relations. As the largest two economies in the world today, both China and the United States draw inspiration from different traditions and cultures, rendering it difficult for the two countries to see eye to eye with each other when it comes to the key concepts of hegemony, democracy, individualism, and collectivism. Etymological roots, historical traditions, and national experiences help explain political realities and theoretical frameworks concerning these key concepts. For hegemony, force is emphasized for its role in US dominance or authority while China condemns hegemonism. For democracy, the means of the normative right to vote is highlighted in the US while the ends of people’s needs and welfare are underscored in China. For individualism and collectivism, it is no longer viable to stand aloof and mind just one’s own business, as the world is shrinking into a global village with intertwined destinies. A transcultural interpretation of key concepts in China-US relations can help enhance mutual understanding and facilitate dialogue through exchange and communication, hence contributing to the improvement of bilateral ties.

Permacrisis: a psycho-socio-linguistic analysis

This research analyses the “word of the year 2022”: Permacrisis. Through the Semantic Differential tool (Osgood in Am Anthropol 66: 171-200, 1964), 16 words were investigated among those most searched for in Google Search in the second half of 2022. Central questions are: What are the cultural differences in permacrisis connotation among five countries (Italy, France, United Kingdom, Germany and Poland)? What are the cultural differences in how permacrisis is connotated? How do different political orientations relate to the concepts of Politics and Democracy regarding permacrisis? The research showed how the Permacrisis is strongly linked to concepts such as Nuclear weapons, World War III and the COVID-19 virus. On a sample of 1273, the study showed evident cultural differences in permacrisis connotation, such as the emphasis on Weapons by the Italians or the Economic Crisis by the Germans. Statistical analysis reveals different anxieties: i.e. Italians fear losing their strength, the French anger about not being heard, while the British are anxious to remain socially isolated. A contrast between the concepts of Politics and Democracy was analysed on the sample's declarations of belonging to political orientations such as Conservatives, Christian democrats, Social democrats, Greens and the Left. Finally, the concept of Climate Crisis has been analysed, which results in the Semantic Differential, against any prevision, placed in a more peripheral orbit than the concepts associated with Permacrisis. Complete Tables and Figures can be consulted at the Open Science Framework URL https://osf.io/bwcp3/?view_only=be46b29bbf4d47ceba50138f82f2cd1d.

Synodality and Its Implications for Catholic Schools: An Exploratory Study of System Leaders in Western Canadian Catholic Schools

Pope Francis’s dream for a synodal Church has implications for Catholic schools globally, but what exactly are these consequences? This paper explores Francis’s vision in the context of Canadian Catholic schools in Alberta, Saskatchewan, and the Northwest Territories (NWT), where these schools are fully-funded by the government and enroll nearly a quarter million students. Ten exploratory interviews with chief superintendents from these schools—which formed the basis of a larger study—were analyzed to understand potential connections to Francis’s vision and his four commitments to synodality: focusing on relationships, a culture of encounter, the essentials of the Christian faith, and local decision-making. The pope differentiates synodality from democratic forms of leadership and demands a communal form of listening and discerning God’s Spirit. While the superintendents’ style of leadership appeared to mirror synodality in many ways, predominant issues remain to be explored: an emphasis on relationships upends the status quo and gives new directions for the schools; encountering others will inevitably demand prophetic leadership by the system leaders; leading with the essentials of faith will not please everyone in Catholic schooling; and shared authority among the superintendents, bishops, and trustees requires further dialogue.

Генезис законодательства об организации судов с участием присяжных заседателей в постсоветской России и проблемы обеспечения его конституционности

The article examines the process of development of legislation on the organization of jury trials in post-Soviet Russia, and also touches upon the problems of ensuring compliance of this legislation with the Constitution of the country. According to the author, as a result of constitutional amendments, before the constitutional reform of 1993, the legislator thought or assumed a wider introduction into socio-political practice of the institution of trial with the participation of jurors, and civil cases were even placed in first place by the Constitution compared to criminal cases. The Constitution of the RSFSR still supported the construction of “professional justice together with people’s assessors”, but was aimed at a major transformation of democratic forms of justice in the future.

Republican Policing: From Consent to Contestation

Policing by consent is an influential frame of reference for police forces, policy makers, and members of the public in appraising the means and ends of law enforcement in Anglo-American societies. The doctrine is nonetheless vulnerable to powerful philosophical and political objections, which suggests that an alternative paradigm is necessary. This article draws on recent republican political theory in elaborating a doctrine of policing by contestation. This republican conception does not rest the legitimacy of policing on the supposed consent of the policed, but on the availability and adequacy of the means through which the policed can contest arbitrary interference at the hands of the police.

Democracy Between Form and Content

ABSTRACT In this essay I evaluate Larry Alan Busk’s critique of contemporary democratic theorists and contemporary “democratic” politics in Democracy in Spite of the Demos in the context of Carl Schmitt’s critique of modern democracy. I argue that Busk shares Schmitt’s general conception of democracy and of the dangers attending any appeal to it. Though Busk presents Herbert Marcuse and Theodor Adorno as alternatives to the current crop of democratic theorists, I demonstrate that Marcuse fell prey to the most significant of the paradoxes and ambivalences that Schmitt prognosticated. Adorno, I argue, is less unsteady an ally, but one that stays further back from politics than Busk evidently wishes. In the end, Busk’s Schmittian critique of democracy and democratic theory extends further than he himself suggests and reveals, not to a solution to our problems, but a new way of understanding them and their severity.

What Went Wrong In Hungary

Abstract: Why did Hungarian democracy have a harder time developing and rooting itself than democracy in other countries? The answer lies in the overlapping institutions and incentives that create democratic resilience. Hungary's political elites never finished their constitutional transition from communism to democracy by agreeing on a new democratic constitution. The 1998 elections polarized Hungarian politics around competing conceptions of democracy in ways that made it hard to reach consensus on a shared constitutional arrangement. Viktor Orbán and his Fidesz party rose to power in the late 1990s by offering a strong state that would protect Hungarian society from the threat of social liberalism and foreclose a potential return of communism. Orbán returned to power in 2010, on the heels of the global financial crisis, and began centralizing and entrenching power by deft manipulation of democratic institutions. The case of Hungary tells us what to look for in anticipating democratic failure and serves as a cautionary tale for the EU.

The city on the horizon

In this commentary on Beveridge and Koch's ‘Seeing Democracy Like a City’, I draw their stimulating ideas into dialogue with Sydney's green ban movement – a remarkable enactment of urban democracy from 50 years ago whose legacy remains enshrined in the built fabric and in the political imaginary of my city. This dialogue is used to offer some reflections on elements of their argument concerning the role of institutions in urban democratic theory and practice, the historicity of the association between the urban and democracy, and the place of equality in democratic forms of organisation and self-governance.

Problematika Penanganan Politik Uang pada Pemilihan oleh Sentra GAKKUMDU Kabupaten Kendal

Indonesia has a democratic form of government where the government system is from the people, by the people, and for the people (Kristina, 2021). Democracy as a means of people's sovereignty is realized by holding Legislative Elections and Regional Head Elections. Of course, the implementation of elections or regional elections cannot be separated from the violations that occur. These violations are divided into administrative violations, violations of the code of ethics, and violations of electoral crimes. The handling of each violation varies. Administrative violations are forwarded to the KPU, violations of the code of conduct are forwarded to the DKPP, and violations of electoral crimes are forwarded to the Sentra Gakkumdu (Integrated Law Enforcement Center). A concrete example of the violation of electoral crime is money politics regulated in Article 187A of the Regional Head Election Law. The purpose of this paper is to find out the problems in handling money politics in the Regional Head Election by the Sentra Gakkumdu Kabupaten Kendal so as to minimize the occurrence of money political practices in the Regional Head Election and the implementation of handling election violations in accordance with the rules so that the holding of elections is carried out in accordance with applicable regulations. This research is an empirical or non-doctrinal legal research with a qualitative approach. The techniques used in collecting legal materials in this study are observation, interviews, and documentation. The results of the study show that there are still several problems or obstacles faced by Sentra Gakkumdu, including community factors, law enforcement officials, and statutory factors..

CARL SCHMITT AND FRIEDRICH HAYEK ON DEMOCRACY: ELECTIVE AFFINITIES?

The aim of the present paper is to disclose the structural affinities between Carl Schmitt and Friedrich Hayek regarding the concept of parliamentary democracy. Identifying Hayek’s neoliberal thinking with Schmitt’s theoretical justification of fascism would apparently be an a-historical overgeneralization. While Schmitt develops a model of absolute sovereignty relying on the sovereign’s decision on the state of exception, Hayek envisages the historical realization of those conditions allowing the market competition to flourish. Schmitt’s model subjugates market to an omnipotent state whereas Hayek views the latter as an engine abetting the free market competition. 
 A closer reading, however, could discern affinities behind the seemingly opposed models of the two thinkers. 
 Schmitt’s model of an emergency dictatorship and Hayek’s nomocracy are two different responses and attacks to the Left’s attempt to construct a democratic welfare state in the Weimar Republic and postwar Europe. Schmitt advocates the concentration of political power in a totalitarian state as the sole “remedy” to the democratic contamination of liberalism induced by the politicization of civil society. Similarly, Hayek castigates any state intervention taking the form of the welfare state but endorses a powerful state entrusted with the role of securing the conditions of market competition.

Justifying political choice: from probability and institutions to communication

The article is devoted to the study of the dynamics of development of concepts that justify political choice. There is a general turn from the moral justification of political choice to ontological concepts based on the ideas of pragmatic and impartial behavior in the search for criteria for the “correct” decision, which includes the truth and the institutions that ensure it. The epistemic concept of democracy, based on Condorcet's jury theorem, defines the possibility of achieving the correct choice through majority rule voting, implies a competent, independent and sincere voter, which ensures an increase in the probability of the correct choice. The expansion of the composition of participants in political choice increased the role of diversity of knowledge and opinions in the justification, which led to the concept of the “smart plurality”, which ensures the correct choice is made by reducing its overall error through random mass participation. The development of social networks and their argumentative function in disputes have contributed to the transition to the concepts of argumentative networks that ensure the correct option is selected through communication. The identified dynamics allow us to conclude that the concept of politics is reviving its importance as a reasoning.

Examining energy democracy and energy citizenship in advancing participatory energy transitions: A comprehensive review

The worldwide issues of climate change and energy access have pushed the transition to sustainable and equitable systems of energy to the forefront of global awareness. Energy democracy is a term used by the movement for environmental justice that unites the shift to renewable energy sources with initiatives to democratize energy resource production and control. Citizenship in the energy sector entails the ability to engage in systems of energy as well as positively influence the energy transition. The energy transition is related to the worldwide transformation of the energy sector from dependence on fossil fuels, such as oil, natural gas, and coal, to the use of renewable energy sources including solar as well as wind power, and the adoption of lithium-ion batteries. To give a comprehensive grasp of the concept of energy citizenship and democracy, this review investigates a wide range of studies, policy assessments, and theoretical frameworks. Data accessibility, cultural differences in involvement, and the difficulty of balancing the interests of many stakeholders in accomplishing and sustainable energy transitions might be its main obstacles. Here, we utilized safe, sustainable, affordable energy systems in energy democracy and various modes of Participatory Energy Transitions (PEDs) in energy citizenship. Then, using PEDs as a tool in urban energy transition. Energy democracy in social groups, India's energy citizenship, and energy transition in India are the obtained results. The review highlights the significance of education, awareness, and inclusiveness in advancing energy democracy and citizenship. As a conclusion, this study makes a significant contribution to the expanding canon on energy transition by analyzing and synthesizing the core ideas behind energy citizenship and energy democracy.

Secession, Right to Decide and the Constitutional Model of Militant Democracy

Advocating democracy and the right to decide over forceful union in the Spanish and European contexts, this paper makes modest theoretical proposals to protect the right to decide and to self-government of sub-state nations or peoples. The peaceful solution of conflicts involving contested claims over territory and national sovereignty calls for a pluralist concept of democracy, recovering the centrality of self-determination as the self-assertion of a people, a political community that has been systematically denied the freedom to decide on its own political status and aspiration. Constitutional law based on popular sovereignty often neglects the question of the definition of the demos as the prefigured and axiomatic constituency. If the Constitution is further interpreted as precluding any claim to self-determination by a constituency, and any debate about that claim then an undemocratic model of militant constitutionalism ensues. That militant scheme is not so much about protecting democracy as it is about imposing a national model, a pre-defined demos. This contribution seeks to revisit the claim of sovereignty of the Catalan process and the constitutional doctrine of the Spanish judiciary precluding the Catalan Parliament from engaging in political debates on the right to decide, in relation to the issue of the militant democracy model

MAPPING OF ORGANIZATIONAL DEMOCRACY: A BIBLIOMETRIC STUDY

Social, economic and political developments in the globalising world have necessitated a re-examination of the concept of democracy. The concept of organisational democracy is a process that expresses the inclusion of individuals in the management processes of organisations and allows freedom of expression in organisations. In this study, it is aimed to reveal at which stage the concept of organisational democracy is included in the international literature. In this context, it is desired to evaluate the development stages of the concept in terms of literature and to set an example for future studies by filling the gaps in the literature. In line with the main purpose, 99 publications related to the concept of “organisational democracy” between 1990 and 2023 in the Scopus database were analysed using R Studio and VOSviewer softwares. The analyses were evaluated by considering the studies conducted in the fields of “Social Sciences”, “Business, Management and Accounting” between 1990 and 2023. The concept of organisational democracy is often associated with concepts such as participation, hierarchy, employee participation organizational culture, organizational commitment and communication. As a result, it has been determined that organisational democracy plays a role in the satisfaction of internal stakeholders.

Comparative political process theory II

Abstract This article aims to continue the recent neo-Elyean turn in comparative constitutional scholarship by further exploring the role of the courts in supporting and protecting democracy. In so doing, it refines and develops my previous work on the topic, and applies this fuller version to a highly visible current dispute. The article first examines the underlying conception of democracy that comparative political process theory is designed to protect; namely, constitutional democracy. It asks what this is and what role courts have in supporting it. The article then introduces the idea of ‘semi-substantive review’ as an integral and output-oriented part of a comprehensive comparative political process theory, alongside and in addition to the types of more purely procedural review I primarily emphasized in my previous work. Finally, the article employs the recent, highly controversial judicial reforms in Israel as a case study in applying the criteria for, and limits of, court intervention in my account. It analyses whether, why and how, in the event that the deeply contested bills become law (as so far one did), judges would be justified in acting to support and protect constitutional democracy.

The Need to Overcome the Cultural Hegemony of the West in Political Science on The Example of the Problem of Contemporary Islamist Terrorism

Using the example of the problem of contemporary terrorism, the article raises the question of the need to overcome the dependence of Russian science on the hegemony of the West. In the world in general and in Russia in particular, the period of admiration for the Western concept of liberal democracy and the concepts of globalization, human rights, soft power, civil society, democratic transition, terrorism, hybrid wars, etc., developed by liberal thought, is coming to an end. These theories are increasingly less accepted in as normative, universal, whose implementation necessarily requires Western supervision. These theories, developed during a unique historical process in Western countries, cannot be adequately applied to determine the direction of development of non-Western countries. In this study, we consider the problem of contemporary Islamist terrorism as a concrete example of the need for a critical revision of Western ideas. To do this, we turn to the ideas of a number of Russian authors, as well as Western representatives of postmodernism, neo-Marxism and left-radical thought, who sharply criticize the basic dogmas of Western liberal political science. This allows us to conclude that Islamist terrorism is not the result of the activities of individual radicals or a manifestation of the aggressive nature of Islam, but is reproduced by the conflict system of modern international relations. Thus, Islamist terrorism as a radical form of politicization of Islam is most often a reaction of the Muslim world to Western globalism, to the crisis of a number of Muslim societies as a result of Western intervention. The system-functional approach makes it possible to understand the place and role of Islamist terrorism in contemporary hybrid wars, which the West uses to maintain its global empire. Islamist terrorism can be viewed as an element of a system of hybrid wars. In this system, along with Islamist terrorism, there is an important phenomenon of combating it - anti-terrorism, and also, along with Islamist terrorism as the activity of non-governmental armed groups, there is state terrorism, mainly carried out by Western states.