Democracy Research Articles

The dark side of law ‘in context’: ex parte populi law as a new

My strategy is to define the ‘dark side’ of law by contrast, starting from its ‘light side’. It seems to me that the latter can only be defined from what has been called the ‘logicist-positivist paradigm’ that identifies the clarity of law with the certainty of the judicial decision deduced from norms, assumed to have a clear meaning. This paradigm is based on the identity between normative text and norm, which has been commonly considered implausible by legal philosophers, but perhaps we could say by jurists, over the last seventy years. Nevertheless, the paradigm continues to be handed down and considered the framework for reflections on law. I argue, referring to Kuhn’s conception of a paradigm, that this is because the legal-philosophical thought of recent decades has been unable to develop an alternative paradigm, and I suggest that this is because the logicist-positivist paradigm appears inextricably linked to the liberal-democratic structuring of our legal systems: a law-making judge fundamentally denies the rule of the people through the legislature. As a starting point for the elaboration of a new paradigm, I propose a conception of law that is no longer regulative of people’s behaviour, but of public power. In it, the judiciary emerges as the interlocutor to whom one turns to transform the private troubles of marginalised and socially abandoned citizens into legal problems. I argue that this conception is able to recover, in the current context, the fundamental values of ‘democratic societies’.

The Relationship between Global Competitiveness, Corruption, Democratic Systems on Economic Growth ASEAN countries

Corruption is a detrimental act for many people, especially related to the economy. Various groups widely discuss corruption and economic growth from academia, government, and the private sector. This is even more complex when coupled with competitiveness between countries and democratic systems. So this study aims to analyze the influence of global competitiveness, corruption and democracy on economic growth in ASEAN countries. This study used panel data analysis methods in 7 ASEAN countries from 2014-2019. The seven countries are Indonesia, Malaysia, Thailand, the Philippines, Vietnam, Laos, and Cambodia. It is related to economic growth, corruption, and competitiveness in ASEAN countries. The results of this study show that corruption brings mudhorot but has yet to be significant to economic growth. Another interesting finding is that democracy negatively affects global competitiveness and increases economic growth. This research can be one of the government’s policy recommendations by increasing economic growth through strict enforcement against corruption and increasing global competitiveness. To realize economic growth that prospers society requires the role of the government through increasing human and institutional resources to support other competitiveness factors that focus on technological, environmental, and innovation aspects.

Giving Effect to Freedom of Religion through the Advancement of Religion? A New Zealand Charity Law Perspective

Abstract The legal frameworks of the human right to freedom of religion and the charity law doctrine of the advancement of religion sit at opposite ends of the legal scale by virtue, inter alia, of the former being a right that protects against a social injustice and the latter being a discretionary benefit bestowed upon beneficiaries and even that discretionary benefit is governed by stringent charity law principles. Consequently, it may be seen that the discretionary benefits bestowed by the advancement of religion might be at odds to the right to freedom of religion. As a result, this article considers whether the advancement of religion can give effect to the freedom of religion, and if not, whether any such limitations may be justified in a democratic society. Thus, this article explores a number of key legal issues pertaining to religion through the charity law lens from a New Zealand perspective, and in doing so, sheds some light on the relationship between the freedom of religion and the advancement of religion.

Theoretical and Legal Foundations for the Protection of Environmental Rights as Part of Political Rights in Kyrgyzstan

This article examines the theoretical and legal foundations for the protection of environmental rights as integral components of political rights in the Kyrgyz Republic. It explores the evolution of environmental rights within the broader framework of human rights and political freedoms, highlighting their significance in the context of sustainable development and democratic governance. The study analyzes the existing legal frameworks, including constitutional provisions and international agreements, that support the recognition and enforcement of environmental rights in Kyrgyzstan. It also addresses the challenges and opportunities in integrating environmental rights into the political rights discourse, emphasizing the role of civic engagement, public policy, and legal reforms. The findings underscore the importance of strengthening legal mechanisms to ensure the effective protection of environmental rights as fundamental political rights, contributing to the overall enhancement of environmental governance in the Kyrgyz Republic.

The impact of confirmation bias awareness on mitigating susceptibility to misinformation.

In the current digital age, the proliferation of misinformation presents a formidable challenge to a democratic society. False narratives surrounding vaccination efforts pose a significant public health risk. Understanding the role of cognitive biases in susceptibility to misinformation is crucial in addressing this challenge. Confirmation bias, characterized by the tendency to favor information that aligns with pre-existing beliefs or attitudes, can exacerbate the spread of false narratives. This study investigates the effect of confirmation bias awareness on susceptibility to general misinformation. For this, a sample of 1,479 participants was recruited, ensuring diverse representation across attitudes towards vaccination. Half of the participants received targeted information about confirmation bias, aimed at increasing awareness of this bias and its potential impact on cognitive processing of information. The other half did not receive this information. Results from the study indicated that participants exposed to an intervention aimed at inducing awareness of confirmation bias demonstrated reduced susceptibility to misinformation and increased ability to general discernment of veracity. Notably, these effects were only pronounced among individuals who initially were most negative towards COVID-19 vaccines. These insights provide a foundation for developing targeted strategies to promote informed decision-making and mitigate the spread of misinformation, particularly in the context of public health crises. Further research is warranted to explore the underlying mechanisms driving these effects and to refine intervention approaches for diverse populations and contexts.

Media construction of pseudo-events: Lula da Silva at the Portugal’s parliament during a historic annual celebration

The Carnation Revolution (25th April 1974) has changed the course of Portugal, leading it to transition from an autocratic to a democratic Government. Every year, celebrations are conducted at the national Parliament. In 2023, it counted with another guest: Lula da Silva, Brazil’s ongoing president. Considering the notion of cultural memory and media construction of social reality through media events, this article notes Lula da Silva’s presence and exceptional address was portrayed on newspaper front pages of several journalistic media outlets. Therefore, it aims at understanding meaning and discourse production with Lula da Silva’s visit to Portugal on the 25th April 2023 through media coverage and first page highlight. Lula da Silva is noticed by the front pages under analysis as a controversial, entertaining, and eventful celebrity linked to specific positioned actors that is invited to the Parliament and prompts indirectly and directly discontentment and, at the same time, support. Also, it discusses how such spotlight over Lula da Silva turned that visit and Parliament’s address it into a pseudo-event. Adopting a Multimodal Critical Discourse Analysis approach, this research work intends to offer a multimodal eye upon those front pages and critically reflect on populism, coloniality, cultural memory, and journalism.

From Indigenous Resistance to the Contemporary Argentine Contempt for Authority

The political stability of a modern democracy, excluding environmental or external causes, is determined by multiple factors, all influenced by human behaviour. One indicator of political stability that takes the human factor into account is the time in office of a ruler. The stability of a ruler can be directly affected, for example, if they are killed, or indirectly, if the laws issued by the ruler are not followed. Non-compliance is dependent on the level of contempt for authority among citizens. A post-hoc hypothesis from a previous publication suggests that indigenous contempt for the authority of the white conqueror and coloniser is seen as a primary causal factor of political instability in Argentina. In this work, indigenous contempt has been shown to have originated from the mistreatment of indigenous peoples by the conqueror and coloniser, and it is expressed in practice by laws and norms being violated as a covert form of resistance. This behaviour has been spread throughout Argentine society due to extensive genetic mixing between Amerindian and Eurasian peoples, initially encouraged by the Spanish Crown. It is observed that these behaviours persist in the 21st century, partly because mistreatment and discrimination against indigenous peoples continue, and partly because pigmentocracy exists, a social system where wealth and status depend on skin colour. It is therefore crucial to understand that a large part of the causes of Argentina's political instability can be traced to the non-compliance with laws and regulations, which originated as forms of indigenous resistance to the Spanish conqueror and coloniser. Public policies aimed at improving compliance should be designed to integrate indigenous cultures into Argentine identity, ensuring that all citizens wish to comply with the laws because they now see them as their own.

Where is democracy nestled? Reflections on organizational degeneration based on an artists’ cooperative

PurposeThis article presents a compelling case study of a workers’ cooperative in the cultural sector. It offers a unique opportunity to delve into the tensions between managerial and democratic control, particularly in the context of heightened artistic claims. The pivotal role of an accountant in management for nearly two decades sparks a thought-provoking question about the potential for cooperative degeneration.Design/methodology/approachOur research employs a rigorous qualitative method, utilizing semi-structured interviews of six key members and a comprehensive analysis of legal, accounting and other media documents.FindingsOur findings offer a significant perspective, refuting any indications of organizational degeneration. The decision-making processes continue to uphold democratic principles. While the manager and his administrative staff wield substantial authority, this is justified by their duty to preserve the collective. This duty is executed under democratic control, facilitated by information transparency. The low level of democratic participation poses a challenge, but the manager’s initiatives are aimed at addressing this. The effectiveness of this control, however, relies on the active participation of the members, which acts as a strong deterrent against organizational degeneration.Originality/valueThe originality of our contribution lies in our reference to Chester Barnard whose reflections on industrial democracy have been forgotten, reflections linked to his conception of managerial authority. We also highlight the importance of empowering individual members, which leads them to consider the consequences of their actions. As a result, the manager is not placed in a situation where he has to decide alone, as the scope of his unilateral powers is de facto delimited.

Defiant school choice? Educational freedom, access, and Arkansas’s AP African American studies controversy

On August 11, 2023, the Arkansas Department of Education (ADE) notified schools just before the fall semester’s start that they would no longer support the college-board-approved AP African American Studies (APAAS) course. Subsequently, all five districts offering the course declared their intent to proceed despite the lack of state funding and course credits. We conduct a document and qualitative thematic analysis in this mixed methods study. In documents, we find distinctive shifts in how the significance of APAAS is portrayed within differing contexts. Using interviews with Arkansas superintendents, teachers, students, and stakeholders, we find four major interview themes: the role of education in preserving democratic values, equity concerns, the significance of community support and advocacy, and the impact of political influences. Documents and stakeholders interviewed perceive the ADE’s withdrawal of support as politically motivated, while superintendents, teachers, and students are primarily motivated by the curriculum, student welfare, and community interests in offering APAAS. We conclude by suggesting that greater consideration of factual knowledge, coupled with choice within and between schools, could defuse such controversies.

IDENTIFICAÇÃO E ABRANGÊNCIA DA AUTONOMIA PRIVADA

Private autonomy is a fundamental concept in democratic societies, recognizing individuals' capacity to exercise their will and make decisions within the context of their private relationships. This article aims to provide an understanding of the identification and scope of the principle of private autonomy in the legal sphere, its interaction with other relevant legal principles, the limits imposed by public order and fundamental rights, its evolution and challenges. Special attention will be given to how this principle is understood and applied in the Brazilian legal system. The presentation and analysis of practical cases in different legal relationships intends to clearly demonstrate the evolution of the autonomy of the will to private autonomy, to highlight the limits and extent of its application and to contribute to the academic debate and the development of Civil Law.

Reflecting on Democratic and Economic Experiences in sub-Saharan Africa: A Comparative Analysis of the First 3 Decades vs. the Second 3 Decades under Ghana’s Republics

This study sought to juxtapose Ghana’s first three decades [1960s-1980s] of democratic and military regimes with its second three decades [the 1990s-2010s] of only democratic regimes to understand its political and economic trajectories and dynamics. Drawing on the Mandate Theory and leveraging on the interpretivist paradigm, the study adopted a qualitative content analysis and in-depth interviews to collect and analyze the views and opinions of respondents in Accra. The findings show that (a) The 1992 constitution has effectively halted Ghana’s 1960s and 80s cyclical political turmoil, ushering in ‘Pax Ghanaianica’, (b) There is a correlation between campaign promises and real GDP growth under the Fourth Republic, and (c) There is no correlation between a stable democracy and a stable real GDP growth under the Fourth Republic [i.e., The political campaign promises relative to power/electrification/energy have been unable to sustain production in Industry, Agriculture, Commerce, and Services]. The study concludes that Ghana’s roller coaster economic development may re-trigger ‘alien’ incursions into contemporary Ghanaian politics. It recommends that the political economy of Ghana should be structured to propel sustainable production in Industry, Agriculture, Commerce, and Services.

Countering Political Polarization Through Conscious and Unconscious Integrative Complexity

Political polarization has been growing in many countries, including the United States, within recent years. Scholars note how, if not addressed, growing trends can compromise fundamental pillars of a functioning democratic society. While efforts have grown in researching how integrative complexity can successfully mitigate polarizing tensions in political divides, there is a lack of scholarly attention on how conscious and unconscious dimensions of integrative complexity affect such processes. This article proposes a framework to ground future research in this direction as well as inform depolarizing interventions on this topic.

A Look at Challenges to the Effective Implementation of Safeguard to Fair Trial and Justice under the Cameroonian Criminal Justice System

Fair trial as a principle which ensures the administration of justice is guaranteed in the constitutions of every democratic society. The right to fair trial is an essential right in all countries respecting the rule of law. Fair trial and justice constitute the back bone of all applicable procedures and substantial laws almost in every legal culture. This means that fair trial should be perceived as a “human right” issue and therefore an international concern which should comply and be measured by international norms. This paper aims at analyzing the challenges faced in the effective implementation of the safeguard to fair trial and Justice in Cameroon. The Cameroon criminal justice system has all necessary provisions aimed at safeguarding fair trial and ensuring a horizontal playing field where justice is been maintained. However, the question remains how effective does these laws safeguard the right to fair trial and Justice. The mechanisms put in place to ensure the safeguard to fair trial and justice is insufficient, ineffective and unsuitable in guaranteeing the safeguard to fair trial and justice. In the absence of fair trial and justice, the rule of law, human rights and consequently the idea of justice becomes illusionary.

Populism and the Erosion of Democratic Checks and Balances: A Systematic Literature Review across Regions

Populism has emerged as a significant challenge to democratic governance worldwide, as populist leaders seek to undermine checks and balances and consolidate power. This systematic literature review analyzes how populist movements weaken democratic institutions across different regions, focusing on the erosion of judicial independence, legislative oversight, media freedom, and human rights. This study examines case studies from Hungary, Turkey, Brazil, and the United States, revealing how populist leaders centralize authority, manipulate legal frameworks, and exploit societal grievances to sideline democratic norms. Populist rhetoric often frames democratic institutions as elitist and detached from the interests of the "true people," justifying actions that concentrate executive power and limit accountability. This impact extends beyond national borders and affects international law and global governance. In response, civil society, independent judiciaries, the media, academia, and international organizations play crucial roles in defending democratic values and building resilience against populist encroachment. Strategies such as enhancing legal protection, promoting civic education, strengthening oversight bodies, and reforming electoral systems are essential for countering populist threats. This study highlights the need for a multifaceted approach to address the root causes of populism's appeal and protect democratic institutions. Further research should explore how populists exploit digital media and the effectiveness of resistance strategies and conduct comparative analyses across regions to develop robust defenses against the erosion of democracy.

The Day After a Broken Democratic Polity

Abstract Lon Fuller’s fictional Purple Shirt regime, Victor Orbán’s illiberal democracy in today’s Hungary and the Kaczynski brothers’ recently ended unconstitutional republic of Poland are three examples of a ‘broken democratic polity’ in which many aspects of the rule of law and constitutional democracy have been compromised and cannot be fixed without a qualified majority, even if democratic forces come to power. In this article, I address the question of whether illegal state action of a democratic government is an appropriate means of restoring legitimacy to what I call a ‘broken’ polity. Put differently: Is it morally defensible for a new democratically elected government to override and replace the rules of illiberal constitutional reform in violation of formal legality? If so, under what conditions? I argue that a positive answer to this question is justified if we adopt a neo-republican approach to politics and legitimacy.

Influence of modes of communication on public participation in Laikipia County, Kenya

This study investigates the impact of communication modes on enhancing public participation in Laikipia County, Kenya. The objective of the study was to examine how different communication channels affect citizen involvement in government-led development processes. Public participation is crucial for fostering democratic governance and equitable development. However, in Kenya, achieving substantial public engagement has been challenging, partly due to the use of ineffective communication channels. This study hypothesizes that such channels hinder meaningful public participation. To explore this, a hybrid analytics method was employed, combining quantitative and qualitative approaches, to assess how various communication modes influence public engagement. The research utilized a dataset comprising 384 respondents collected between June and July 2024. Data analysis, completed in July 2024, revealed several that different modes of communication significantly affect the level of public participation, influencing how well citizens receive and comprehend information about development initiatives. Channels that facilitate clearer, more direct communication leads to higher levels of understanding and engagement among the public. Effective communication channels are essential for fostering meaningful public involvement, as they impact citizens' responses and behaviours towards development activities. These findings underscore the importance of utilizing effective communication strategies to enhance public participation in development processes. The study contributes to a better understanding of how communication methods can be optimized to support democratic engagement and improve development outcomes in Kenya.

Factors affecting Russian elites’ perceptions of civil protests: evidence from the survey of Russian elites, 2016 and 2020

ABSTRACT Which elites support civil protests, and which ones oppose them? Existing studies of civil protests in authoritarian regimes have mainly examined their triggers, effectiveness and the responses they provoke from authoritarian states. While these studies offer implications regarding the durability of authoritarian states, they have not examined elite perceptions of civil protests, which may contribute to the authoritarian reactions to such protests. Using the Survey of Russian Elites from 2016 and 2020, this paper analyses the factors that affect Russian elites’ perceptions of protests. I argue that elites’ perceptions of protests depend on their democratic value orientation, social position and media use. The findings reveal that elites who value civil liberties approve of protests, while those closely linked to the Kremlin, those who frequently use traditional media and members of the United Russia Party oppose protests. However, the effects of the independent variables differ slightly depending on the protest method’s intensity and the survey’s wave. This study sheds light on the causal relationship between Russian elites’ individual characteristics and their perceptions of protests.

‘Towards a modern democracy’? The constitutional politics of the 1990s British left

ABSTRACT This article argues that a ‘constitutional lens’ sheds light on British political contestation in the 1990s. It is commonly suggested that 1990s politicians merely consolidated the hegemony of ‘Thatcherism’. Yet, this struggles to encompass the decade’s political volatility, from the Conservatives’ descent into internecine warfare over the Maastricht Treaty to the fraught Irish peace process. Though varied, these developments shared a key theme: controversy over the constitution of the United Kingdom. To illustrate its case, this article applies the constitutional lens to the 1990s left. Existing accounts emphasise Labour’s concessions to Conservative opponents. By 2001, however, the first Blair government had enacted contentious constitutional changes: devolution, proportional voting systems, and a Human Rights Act. These policies reflected a dynamic, new, liberal-left politics of constitutional reform. From the 1980s, liberals, social democrats and Marxists forged a new constitutional agenda, responding to trends since the 1960s—growing ‘popular individualism’, agitation for ‘human rights’, European integration, and Scottish nationalism—and to the end of the Cold War. By the 1990s, campaigners had developed a bold programme for ‘modernising the constitution’, which influenced Labour’s programme. Through New Labour’s governments, this agenda profoundly reshaped the institutions of British politics in the twenty-first century.

Law enforcement bodies in the mechanism of functioning of state power

It is noted that in a modern democratic society, law enforcement agencies play a key role in ensuring legality, law and order, and the safety of citizens. They are an integral part of the mechanism of functioning of state power, acting as a tool for implementing the legal policy of the state and protecting the constitutional rights and freedoms of citizens. A special place in the system of law enforcement agencies is occupied by the police, which is on the front line of interaction between the state and citizens in the sphere of law enforcement. The police, as the central element of the law enforcement system, has a wide range of powers and responsibilities, covering crime prevention, crime investigation, public order and security. The article examines the role of law enforcement agencies, particularly the police, in ensuring legality, law and order, and the safety of citizens in a modern democratic society. Special attention is paid to the analysis of legal, organizational and technological aspects of police activity in the context of growing challenges such as cybercrime, international terrorism and organized crime. The functions of the police as a key element of the law enforcement system, its interaction with other state bodies and society are considered. The author emphasizes the importance of reforming the law enforcement system of Ukraine to meet international standards and growing social needs. It is noted that the functioning of the police in a democratic society should balance between ensuring security and protecting the rights and freedoms of citizens. Particular attention was paid to the need to improve the legal and organizational mechanisms of police work, which ensure their accountability to society and compliance with the principles of the rule of law. The article also raises questions regarding the legal definition of law enforcement agencies and their functional role in the modern state, the problems of normative and legal regulation of their activities. The importance of creating an effective system of police control and accountability in the context of democratic transformations taking place in Ukraine is discussed.

Legitimate self-affirmation of a person in society

It was found that a number of objective and subjective factors influence the choice of value guidelines and the formation of individual legal value attitudes. The formation of a legal vector of human behavior in the modern legal space requires the development of personal qualities of a person through legal education, the development of value-based legal orientations, legal culture, and legal awareness. It is emphasized that a person’s legal awareness, as a set of ideas and perceptions of a person about positive law, must be formed on the principle of interconnection and complementarity of natural and positive law. In a legal state and a democratic society, a person should feel this interaction in the dominance of universal values and principles originating from the norms of natural law, as well as anthropocentrism in the norms of positive law. The formation of the legal culture of an individual through awareness of the purpose of law, its content, and basic ideas is a guarantee of respect for law and human rights and contributes to the formation of a valuable legal worldview and understanding of the principles of functioning of a civilized society. It is noted that today the state must take care that citizens have the proper level of legal culture and legal awareness, and also, it is important that this process is not ideological, but on the contrary, that a person feels that no one imposes any social models on him and ideals, except that legitimate self-assertion is encouraged. Attention is focused on the fact that the legitimate self-assertion of a person in society is the basis of his harmonious existence in the natural-legal field of the state within the natural­legal space and continues throughout life on the basis of learning the norms of social morality, universal ideals, awareness of the value and purpose of law and unconditionality in observance of basic human rights. The formation of a legitimate vector of individual development involves the interaction of the main social institutions for the development of legal culture, legal awareness and legitimate social attitudes, which will contribute to reducing the manifestations of illegal human behavior.