Contesting the nature of right to resist continues to be of concern to those in power, for it poses the fundamental question about their legitimacy. From to Antigone to the Occupy Wall Street... Show moreContesting the nature of right to resist continues to be of concern to those in power, for it poses the fundamental question about their legitimacy. From to Antigone to the Occupy Wall Street movement, individuals and communities have expressed their grievances and resisted oppression through a myriad of strategies. And although those taking the streets use the language of rights and appeal to a higher law to vindicate their claims, resistance has usually been considered a political, or rather, a security affair. The thesis vindicates the place of the ius resistendi in the normative order and uses legal probe to evince that there are no reasons why it could not be considered a legal right, except for political opportunity. The thesis challenges some basic postulates of liberal legal theories and develops a broader conception of rights, one in which reserved rights are part of a democratic normative system that performs in a manner consistent with its fundamental values. A primary, indeterminate right, the ius resistendi, I contend, embodies the Arendtian right to have rights. Show less
The Weimar Republic, founded in November 1918, was the first real democracy on German territory. It didn’t last long. On the 23th of March 1933, Hitler took power and abolished democracy to start... Show moreThe Weimar Republic, founded in November 1918, was the first real democracy on German territory. It didn’t last long. On the 23th of March 1933, Hitler took power and abolished democracy to start building his totalitarian Third Reich. Since then, the Weimar Republic became famous – or rather infamous – for being a ‘failed democracy’. In this research, the downfall of Weimar’s democracy is of central interest. After broadly stating the historical reality of the first Germany democracy, this thesis focusses on the juridical and philosophical concepts underlying the Weimar democracy to answer the question to what extent they offered real possibilities to defend the democratic state. It answers this question for the dominant philosophical school in Germany when the Weimar Constitution was drafted: legal positivism, for the Weimar Constitution itself as well as for Hans Kelsen, Carl Schmitt, Hermann Heller and Rudolf Smend. Show less
This thesis attempts to interrogate post-1991-2015 political development in Ethiopia, focusing on the political discourses espoused by the government and opposition, using the discourse analysis... Show moreThis thesis attempts to interrogate post-1991-2015 political development in Ethiopia, focusing on the political discourses espoused by the government and opposition, using the discourse analysis method and securitization theory. Discursive narratives and counter- discourse narratives are used by the political elite as instruments for political mobilization to bolster their ideological claims, while negating those of their opponents.The study draws two important linkages between the political discourses of the major political forces and the speech act” in securitization theory, where the EPRDF Government used extraordinary measures to quell opponents criticism of its doctrine,which is based on revolutionary democracy, ethnic federalism and the developmental state as sub- versive and existential terrorist acts intended to undermine its system rule. Concomitantly, opposition political discourses portray the EPRDF Government as a threat to the emergence of competitive open democratic politics, which would eventually lead to un- dermining the existence of Ethiopia as a unitary state.The thesis argues that government and opposition political discourses and the securitization of democracy have resulted in the emergence of the politics of the extraordinary”, which closed the political space for the growth and development of normal politics. The cumulative effect of the politics of the extraordinary is that it stifles any opportunity for authentic democratization to emerge. In Ethiopia, it privileged the securitization of democracy and legitimized the use of violence as an extension of a centralist revolutionary democratic discourse.Accordingly, this thesis explains the failure of post-1991 political development by unveiling the role of discursive narratives in shaping an entrenched nexus between politics and security. The thesis also examines the ruling partys political discourses and its institutionalizations, and investigates the discourses of the opposition – the Pan-Ethiopianists and ethno-nationalists – and the interplay of these discourses. Show less
This thesis focuses on the political decision-making culture of the Netherlands in the second half of the twentieth century. The dominant view of this culture has been one of compromise cooperation... Show moreThis thesis focuses on the political decision-making culture of the Netherlands in the second half of the twentieth century. The dominant view of this culture has been one of compromise cooperation and consensus. This view is strongly influenced by Lijphart’s 1968 book Politics of Accommodation. Since then, the extent to which this culture of consensus politics may have changed at the elite level is being debated. This study contributes to this debate by studying the parliamentary debates about some of the major socio-economic (social security) and ethico-religious issues (cremation, abortion and euthanasia). These debates have been characterized by studying the informal rules of the political game. Two sets of rules, corresponding to the dichotomy between consensus and majoritarian democracy, were used. An important observation is that the studied issues are difficult to position within the dichotomy of consensus and majoritarian politics. Only a few cases can be included, while most cases do not fall into either category or have characteristics of both. This leads to the main conclusion that the political elites primarily act on the basis of their own political interests, and less with regard to higher normative notions that underlie the concept of consensus politics. Show less
In order to shed light on what happens to the media when a political regime changes from an authoritarian one to a democracy, this book has investigated the biography, and the journalistic... Show moreIn order to shed light on what happens to the media when a political regime changes from an authoritarian one to a democracy, this book has investigated the biography, and the journalistic values and practices of Kompas daily newspaper: the largest and oldest national newspaper in Indonesia, with special emphasis on the newspaper’s relationship with the power holders across different political administrations. This book argues that Kompas has developed a polite, indirect and cautious style of journalism that has changed very little after the fall of Indonesia’s authoritarian regime, limiting the newspaper’s capacity to function as a critical watchdog of the power holders, and preventing it from becoming a mobilizing force in the development of Indonesian democracy. This particular style of journalism developed during the authoritarian period as a result of two different, intertwining factors which shaped the habitus of Kompas; these were both cultural and political economy factors. After the regime change, this journalistic style was preserved, because to a considerable degree the same cultural, political and economic forces continued to operate within and upon the newspaper. Show less
In 1797 and 1798 the first steps were taken in the Netherlands towards the development of a democratic system. In 1796-1797 a written Constitution was drafted for the Batavian Republic, as the... Show moreIn 1797 and 1798 the first steps were taken in the Netherlands towards the development of a democratic system. In 1796-1797 a written Constitution was drafted for the Batavian Republic, as the Netherlands was called at the time. This Constitution was in 1797 submitted in a national referendum for a vote of the people, but it was rejected. A new draft was written and again submitted the following year. This time the Constitution was adopted. Very little is known about these referenda. Extensive archival research has been necessary in order to understand how these steps in democracy were taken. It has been possible to produce a dataset of results for 948 cities, villages and rural districts. Based on the voting results, the public support for a democratic constitution has been analyzed after a description of the voting system. The voting results are examined along two cleavages structures. First, major distinctions existed between cities and rural districts and secondly between Catholics and Protestants. As a partial explanation the religious preferences are important to understand the turnout by the two referenda. Above all, the results of the two referenda show a deeply divided society of religious minorities. Show less
Since as far back antiquity, philosophers have been inquiring into the nature of conflict. One of the most prominent ideas to have dominated this inquiry is that conflict represents an undesirable... Show moreSince as far back antiquity, philosophers have been inquiring into the nature of conflict. One of the most prominent ideas to have dominated this inquiry is that conflict represents an undesirable part of life, one that stands opposed to the ideals of harmony, co-operation and consensus. Nietzsche, however, rejects this position, proffering various arguments for why we ought to positively value conflict. Yet Nietzsche’s stance is by no means unambigious. Commentators sharply disagree regarding the specific form of conflict to which his endorsement refers. His “hard” readers present him as a warmonger, who predominantly advocates unmeasured, destructive types of struggle (e.g. war). Conversely, Nietzsche’s “soft” readers claim that he exclusively promotes a measured, agonal mode of struggle modelled on the non-violent contests (or agons) that pervaded ancient Greek culture. I contend that both of these readings are one-sided and require modification. Indeed, the thesis that this dissertation defends is that Nietzsche promotes both measured and unmeasured struggle in an entirely coherent manner. I further argue that commentators have neglected the most significant form of conflict in Nietzsche’s thought, which is characterised by a combination of measured and unmeasured conflict. This species of struggle is analogous to the biological process of digestion, which simultaneously involves 1) a measured struggle to incorporate that which is deemed serviceable to the organism, and 2) an unmeasured struggle to eliminate material deemed redundant or harmful. This dualistic struggle is what I term organisational conflict on account of the fact that both incorporation and exclusion form part of a single overarching impetus to establish healthy organisation. Show less
Party law, or the legal regulation of political parties, has become a prominent feature of party systems. Some party laws are designed to have a much larger political impact than others. It... Show moreParty law, or the legal regulation of political parties, has become a prominent feature of party systems. Some party laws are designed to have a much larger political impact than others. It remains unknown why some countries adopt party laws that have substantial implications for party politics while other countries’ legislative efforts are of a very limited scope. This dissertation explores why different party laws appear as they do. It builds a theoretical framework of party law reform that departs from the Latin American experience with regulating political parties. Latin America is not necessarily known for its strong party systems or party organizations. This raises the important question of why Latin American politicians turn to party law, and to political parties more generally, to structure political life. Using these questions as a heuristic tool, the dissertation advances the argument that party law reforms provide politicians with access to crucial party organizational resources that allow them to win elections and to legislate effectively. It identifies threats to party organizational resources as an important force shaping adopted party law reforms – with potentially damaging consequences for the legitimacy of the political system as a whole. Show less
According to different diagnoses, the advent of democracy in Chile was characterised by a fragmentation of and crisis within social movements, due to the lack of demonstrations by civilian society... Show moreAccording to different diagnoses, the advent of democracy in Chile was characterised by a fragmentation of and crisis within social movements, due to the lack of demonstrations by civilian society and even due to an absence of civilians. The aim of this study is to examine and open up debate on activation processes and the deactivation of Chilean civil society in particular, paying special attention to the period of democratic reconstruction during the four Concertación governments as a time of social demobilisation. In the same way, this study goes into more depth and broadens academic discussion on the factors that influenced this deactivation. It poses that social demobilisation between 1990 and 2010 was heavily influenced by traumatic post-dictatorial memories, by civil society’s relationship with the state and the paradigm of governability and, finally, by the market and logic of neoliberal modernity. The influence of political, psychological and economic factors as important inhibitors of eventual mobilising actions in the transition become, at the same time, components of this new socio-political mould. With this, new identities became possible and were also brought to light during the 2011 cycle of demonstrations. Show less
In recent decades, the Netherlands’ struggle with multiculturalism has caused an upsurge in public interest in the relationship between state and religion.The Dutch political tradition... Show more In recent decades, the Netherlands’ struggle with multiculturalism has caused an upsurge in public interest in the relationship between state and religion.The Dutch political tradition plays a central role in this book because the Netherlands developed a unique method of bridging seemingly irreconcilable religious differences: pacification. since the Batavian Revolution, the development of the Dutch state has been focused on democracy, upholding fundamental rights, and the separation of church and state that was supposed to turn the Netherlands into a religiously neutral state. In the second half of the twentieth century, the appearance of new religions on the Dutch stage, most notably Islam, has had a significant impact on the Netherlands’ national identity.the Dutch are now asking, should this religious friction be dealt with? How absolute is freedom of expression? Can religious ideas be criticized without restriction? The ability to deal with criticism is a crucial component of liberal democracy and freedom of speech. In facing this new religious pressure, the Dutch, like the rest of Europe, must once again reach for the system that best protects these essential principles: the religiously neutral state. Show less
Het doel van dit onderzoek is om tot inzicht te komen inzake de omvang van de juridische beperking die uitgaat van de botsing tussen de verschillende levensbeschouwingen voor de vrijheid van... Show moreHet doel van dit onderzoek is om tot inzicht te komen inzake de omvang van de juridische beperking die uitgaat van de botsing tussen de verschillende levensbeschouwingen voor de vrijheid van meningsuiting. Show less
This inquiry seeks to determine to what extent equality and freedom are constituents of a liberal democratic state; part 1 deals with equality, part 2 with freedom. Since the concept of the liberal... Show moreThis inquiry seeks to determine to what extent equality and freedom are constituents of a liberal democratic state; part 1 deals with equality, part 2 with freedom. Since the concept of the liberal democratic state is the subject matter at hand, it seems obvious that freedom is not absent, but that does not answer the question to what extent it should be allowed to citizens, which is what is inquired in detail. As for equality: equal rights, such as the right for every (adult) citizen to vote, are generally accepted to be an integral part of a liberal democratic state, but this raises the question on what foundation such rights are based. Equal rights have widely been defended on the basis of various moral viewpoints. After dealing with some preliminary matters in chapter 1, the tenability of some important and representative theories are examined in chapters 2 to 5. Rawls’s theory focuses on rationality as the pivotal feature to consider beings as equals and to treat them equally, but fails to indicate the import of this feature in that it remains unclear whether rationality is a moral characteristic. The problem with Dworkin’s position, on the other hand, is its abstract nature: Dworkin does not base his account on rationality as a special characteristic, but instead speaks of some beings being ‘intrinsically valuable’. In Kateb’s account, ‘human dignity’ is the focal concept. When it comes to providing the basis for human dignity, this position appears to be difficult to uphold, primarily because it remains unclear precisely which characteristic of human beings is supposed to account for their alleged dignity. In Kant’s alternative, this problem is absent, as reason – in a special sense – is the crucial feature for him. The main problem in this case is that it is difficult to see how dignity should follow from being reasonable or acting on the basis of reason. Starting from a moral outlook is problematic for these reasons and others, so in chapter 6, a position that does not use such a basis is defended. ‘Basic equality’ is the crucial notion here. Simply put, the actual (approximate) equality, which I call factual equality, is the starting point, to be specified by basic equality. Factual equality is observed in many ways, and basic equality is the sort of factual equality between two or more beings that is considered relevant to them (and simultaneously by them, as they are, in a liberal democratic state, also the ones who establish this). Basic equality must in turn be specified. Rationality, I argue, is the most viable characteristic to realize this specification in a liberal democratic state; this has no moral connotation. The upshot of this stance is that a realistic alternative to the theories discussed above is offered, the benefits of which are twofold. On the one hand, vague and problematic terms are shunned, which adds to the position’s consistency and tenability, while it provides, on the other hand, a solid basis for a liberal democratic state to recognize one of its essential features. This means that formal equality, manifested in political equality (exhibited by political liberties, such as the right to vote and the freedom of speech) and legal equality, resulting in equal treatment (e.g. of employees by their employers), can be upheld without the need to resort to moral premises that not only fail to constitute a consistent account but are in addition not universally acknowledged. Part 2 of the inquiry deals with freedom. After some general remarks are made in chapter 7, the import of freedom is indicated in chapter 8. This makes it clear why granting citizens as much freedom as possible is beneficial for both the liberal democratic state as a whole and for citizens themselves. However, as the phrase ‘as much as possible’ indicates, it is important to define the limits (if any) of freedom carefully. Since part 1 of the inquiry emphasizes the importance of (basic) equality, it would seem appealing to connect it with freedom. The merits and difficulties of such a position – Dworkin’s ideas are examined here – are expounded in chapter 9. An alternative for it is offered in chapters 10 and 11, where a demarcation line to limit freedom is defended. Mill’s harm principle provides a useful frame of reference here; the ignore principle, as it is called, seeks to find the optimal outcome in balancing the various interests that are involved. The foregoing prompts the question of whether the liberal democratic state can adopt a neutral stance, and how it should respond to those who deny certain principles of a liberal democratic state, notably those defended in part 1 of this study. In other words: what should the state’s position be towards those who deny that people are equal, e.g. on the basis of racial differences? This is the central issue that is examined in chapters 12 to 15. I argue that it is not the task of a liberal democratic state to decide what people should think, but that, in line with what is maintained in chapters 10 and 11, only equal treatment should be guaranteed, meaning that the outward acts of citizens may legitimately be regulated but nothing else. In this light, Rawls’s and Habermas’s positions are examined critically. Finally, some attention is devoted to the subject matter of militant democracy. The question is pertinent whether the liberal democratic state might be undermined by its own principles. After all, a majority is able to radically change this form of government to one that is ultimately incompatible with those very principles. I try to approach this issue as consistently as the others that present themselves throughout this inquiry. Show less
The referendum is one of the most studied and practiced institutions of semi-direct democracy around the world, in several latitudes and historical times, in different systems and political regimes... Show moreThe referendum is one of the most studied and practiced institutions of semi-direct democracy around the world, in several latitudes and historical times, in different systems and political regimes, at international, national, regional or local levels, with different legal frameworks and with various political consequences. However, Portugal, whose constitutional experience begins in 1820 with the liberal revolution, had its first democratic referendum only in 1998. This study try to conceptually characterize the referendum, in order to establish its fundamental typologies regarding the most relevant experiences in this field and to situate the case for and against the referendum as an expression of semi-direct democracy in the political and philosophical debate of different historical moments. In the next chapters, entirely dedicated to the Portuguese case, we shall present the historical evolution of the nation al and local referendum in the constitutional and political life in Portugal since 1820. An added emphasis will be given to the referendum experience of the Portuguese democracy born in 1974, particular attention being payed to the political debate about the formal introduction of the referendum in the 1976 Constitution and to the concrete experience of referendums proposed and held since then. Show less
The Zimbabwean issue has often divided opinion. President Robert Mugabe's domination of the country__s political and media landscapes has attracted scrutiny and criticism from the West. The ... Show moreThe Zimbabwean issue has often divided opinion. President Robert Mugabe's domination of the country__s political and media landscapes has attracted scrutiny and criticism from the West. The "oppressed" people of Zimbabwe are said to have not had an alternative to state-sponsored TV or daily media outlets. The availability of new media vices including the Internet is being seen as offering a new platform to fight these perceived forms of dictatorships. This PhD employed qualitative methods to probe the potential of new media in sustaining democracy in Zimbabwe. Show less
Why are small states statistically more likely to have democratic systems of government? By addressing this question from a qualitative, comparative methodological angle, this book analyzes the... Show moreWhy are small states statistically more likely to have democratic systems of government? By addressing this question from a qualitative, comparative methodological angle, this book analyzes the effects of a limited population size on politics and democracy. In line with the criteria of the most different systems design, the four microstates of San Marino, St. Kitts and Nevis, Seychelles, and Palau are compared on the basis of interviews with respondents from various societal and institutional backgrounds. The findings of this study indicate that in spite of their many other differences, politics and democracy in the four analyzed microstates is of a remarkably similar nature. Whereas a small population size may in some respects contribute to the quality of democracy, it also creates a number of political dynamics that undermine the functioning of democratic government Show less
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common... Show moreConstitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This work addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. Show less
