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1
Anderson, Gavin W. "Social Democracy and the Limits of Rights Constitutionalism." Canadian Journal of Law & Jurisprudence 17, no. 1 (January 2004): 31–59. http://dx.doi.org/10.1017/s0841820900003805.
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Can rights constitutionalism operate as a social democratic restraint on private power? How should we assess this? Following renewed interest in social democratic legal theory, some propose developing more egalitarian forms of rights constitutionalism as a counterweight to overweening private power in the global economy. Such strategies follow a normative methodology, associated with liberal accounts of legality which emphasize the autonomy of law as an external means of social change. This can be contrasted with traditional social democratic accounts of law as an artifact produced through and in political struggle. This shift of focus to normative argument is at the expense of contextual diagnosis, which remains valuable in questioning whether constitutional strategies can restrain private power in the name of substantive equality. Rights constitutionalism, reflecting its classical liberal roots, continues to protect private power in important ways.; Two strategies, based in innovations in North American and European constitutionalism respectively, have been proposed to overcome this default. First, the Application to State Institutions (ASI) model seeks to extend the reach of constitutional application to include private actors, and; second the Application to Law (LAW) model seeks to extend the scope of rights by requiring all law to conform to constitutional guarantees, including equality. A sociologically grounded analysis of the comparative jurisprudence shows these models retain key elements of the classical liberal framework, such as the state-civil society distinction, and which have in practice militated against any significant democratization of private power.
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Batanov, O. V., and V. V. Kravchenko. "Local government as an institution of civil society: municipal-legal problems of interaction and functioning." Public administration aspects 6, no. 6-7 (August 14, 2018): 45–53. http://dx.doi.org/10.15421/151838.
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The article is devoted to the research of municipal-legal problems of increasing the efficiency of civil society functioning in Ukraine. The emphasis is on the need to improve and strengthen the legal status of local self-government as the fundamental institution of civil society. The contemporary theory of local self-government as an institution of civil society is considered, its role in ensuring the stability of the constitutional system and the development of constitutionalism in Ukraine is determined. The basic theories of self-government are analyzed, the definition of local self-government as one of the main forms of democracy and the constitutional means of limiting state power in the conditions of formation of civil society is proposed. This approach emphasizes the increasing role of the municipal-territorial factor in the life of civil society. It is connected with the creation of capable territorial communities, confirmation of democratic intentions of national states and their special attention to the inhabitants of certain territories.It is concluded that only realization for long time in the minds of residents - members of territorial communities - of stable anti-theatrical institutions, radical changes in the stereotypes of socio-political behavior of the general population, its self-organization and self-discipline, the formation of patriotic sentiments may in the future become the basis for leveling the conflict between state and public interest, the formation of an optimal balance between public and private, and, therefore, a powerful tool for improving efficiency the organization and functioning of civil society.
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QUIROZ, ALFONSO W. "Free Association and Civil Society in Cuba, 1787–1895." Journal of Latin American Studies 43, no. 1 (February 2011): 33–64. http://dx.doi.org/10.1017/s0022216x10001781.
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AbstractThis study provides a new perspective on civil society in Cuba during the nineteenth century based on concrete information about multiple types of association in different regions of the island. Modern associations developed mainly to meet specific social and cultural needs, achieve legal autonomy from the state and exercise free association despite colonial constraints. This long-term evolution covers several periods of intersections between civil society and political spheres, framed primarily by non-violent constitutionalist and reformist struggles rather than armed separatist conflicts. These findings contradict prevalent interpretations that portray an endemically weak yet increasingly militant civil society. Instead, a growing, moderate, and progressively autonomous and diverse civil society contributed gradually to undermine colonial despotism and establish key bases for post-independence democracy.
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Sadari, Sadari. "Quo Vadis Hukum Keluarga Islam dalam KHI dan Upaya Desakralisasi untuk Relevansi Seiring Modernitas dan Keindonesiaan." JURNAL INDO-ISLAMIKA 5, no. 1 (February 25, 2020): 75–108. http://dx.doi.org/10.15408/idi.v5i1.14788.
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This article reveals the fact that in Islamic Family Law, there are a number of anomalies and crisis, for instance, Islamic Law Compilation (KHI) on polygamy and mixed-religion marriage which contains discrimination and intolerance. This, however, is caused by its enforcement bound by civil law and merely to theMoslem communities. The article introduces the nationalization and internationalization of Islamic family law in the KHI, thus eliminating discrimination and intolerance. This will be sought by creating coherence between KHI and modernity issues such as: Human Rights, democracy, civil society, nation state and constitutionalism in the effort to desacralization. When added with the term desacralization, it will mean to liberate people from superstitious constraints (mythology) in some aspects, yet reserving the sacralization, not undermining or abandoning religious orientation in the norms and values of society, especially in the Islamic Family Law. Understanding this fundamental, desacralization of Islamic family law is, hence, Quo Vadis Islamic Family Law, that will eventually create progressive Islamic Family Law consistent with modernity and Indonesian ideology
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Vhutuza, Ephraim, and Urther Rwafa. "CONTESTATION OF HEGEMONIES THROUGH PROPAGANDA THEATRE IN POST 2000 ZIMBABWE: THE CASE OF MAD¬ZOKA ZIMBABWE AND THE COUP." Imbizo 5, no. 2 (June 23, 2017): 50–60. http://dx.doi.org/10.25159/2078-9785/2845.
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This paper discusses the state-) citizen contestations in Zimbabwe and examines the role of theatre in legitimising and/or resisting state hegemonies in the context of the post 2000 Zimbabwean cultural struggle. Using the theory of hegemony, the paper argues that, after ) the repossession of land by the majority of the black population in 2000 and the constitutional referendum held in February 2000, whose “No” vote challenged the hegemonic discourses and patriotic history of the ruling ZANU PF party, what followed was a largely polarised society split between the pro-hegemonic civic society such as ZNLWA on one hand, and an equally vociferous anti-hegemonic civic society that supported the ruling cultural formations (Raftopoulos and Mlambo 2009; Ravengai 2008). The pro-hegemonic(agree) civic society sought to stabilise and legitimise state authority and its discourses on sovereignty, land reform and the removal of sanctions, while counter-state hegemonic actors such as ZimRights agitated for the respect of human rights, constitutionalism and democracy. Individual theatre practitioners took a cue from these opposing civic society bodies and critically dialogued among themselves, thereby creating some form of binaries characterised by those who also sought to stabilise and maintain the prevailing status quo on one hand, and those that resisted and questioned the legitimacy of the prevailing hegemonies on other hand. In this paper, the polarised state of the theatre is represented by two opposing agitational propaganda performances, Madzoka Zimbabwe and The Coup.
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Nikolenko, V. V. "The scientific heritage of M. S. Grushevsky and its significance for the formation of the sociological theory in Ukraine." Науково-теоретичний альманах "Грані" 21, no. 10 (November 15, 2018): 76–85. http://dx.doi.org/10.15421/1718132.
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In the article, using a panoramic view of the problem situation, certain aspects of M. S. Grushevsky’s sociological and political science heritage are presented. Attention is focused on the issues of his tireless state-building, educational, teaching, literary, research activities. The emphasis was placed on the relevance of the socio-political theories of the scientist for comprehending the contemporary stage of the life activity of Ukrainian society. In the context of scientific research of M. S. Grushevsky identified some ideas that are of great importance for the development, on the one hand, of state institutions and civil society in Ukraine, and on the other – the organization of science. First of all, we are talking about important ideas of the sovereignty, independence of the Ukrainian state, the political structure of the country, constitutionalism, national agreement, the unity of Ukrainian lands, high political culture, democracy, the functioning of the Ukrainian language, the interaction of the elite and the average citizen, the social character of Ukrainian society, the development of society, the role of women in social relations, the renaissance of national education, moral orientations of Ukrainian youth, socio-economic development of the country, care for the least well off strata of the population. At the same time, the researcher’s interest in some general theoretical sociological questions was noted – What is society, what are the laws of his progress? Is it possible to explore society with the help of objective methods, the dichotomy of individual and collective, biological and social, differentiation and integration of forms of social life? M. S. Grushevsky’s approval of classical Ukrainian literature was noted, which he considered a strong foundation for the development of national education and culture.
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Khaitan, Tarunabh. "Killing a Constitution with a Thousand Cuts: Executive Aggrandizement and Party-state Fusion in India." Law & Ethics of Human Rights 14, no. 1 (May 26, 2020): 49–95. http://dx.doi.org/10.1515/lehr-2020-2009.
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AbstractMany concerned citizens, including judges, bureaucrats, politicians, activists, journalists, and academics, have been claiming that Indian democracy has been imperilled under the premiership of Narendra Modi, which began in 2014. To examine this claim, the Article sets up an analytic framework for accountability mechanisms liberal democratic constitutions put in place to provide a check on the political executive. The assumption is that only if this framework is dismantled in a systemic manner can we claim that democracy itself is in peril. This framework helps distinguish between actions that one may disagree with ideologically but are nonetheless permitted by an elected government, from actions that strike at the heart of liberal democratic constitutionalism. Liberal democratic constitutions typically adopt three ways of making accountability demands on the political executive: vertically, by demanding electoral accountability to the people; horizontally, by subjecting it to accountability demands of other state institutions like the judiciary and fourth branch institutions; and diagonally, by requiring discursive accountability by the media, the academy, and civil society. This framework assures democracy over time – i.e. it guarantees democratic governance not only to the people today, but to all future peoples of India. Each elected government has the mandate to implement its policies over a wide range of matters. However, seeking to entrench the ruling party’s stranglehold on power in ways that are inimical to the continued operation of democracy cannot be one of them. The Article finds that the first Modi government in power between 2014 and 2019 did indeed seek to undermine each of these three strands of executive accountability. Unlike the assault on democratic norms during India Gandhi’s Emergency in the 1970s, there is little evidence of a direct or full-frontal attack during this period. The Bharatiya Janata Party government’s mode of operation was subtle, indirect, and incremental, but also systemic. Hence, the Article characterizes the phenomenon as “killing a constitution by a thousand cuts.” The incremental assaults on democratic governance were typically justified by a combination of a managerial rhetoric of efficiency and good governance (made plausible by the undeniable imperfection of our institutions) and a divisive rhetoric of hyper-nationalism (which brands political opponents of the party as traitors of the state). Since its resounding victory in the 2019 general elections, the Modi government appears to have moved into consolidation mode. No longer constrained by the demands of coalition partners, early signs suggest that it may abandon the incrementalist approach for a more direct assault on democratic constitutionalism.
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Vargas Hernández, José G. "El Estado como Problema y Solución. Estado, Administración y Políticas Públicas Agravamiento de los Problemas de Latinoamérica." Estudios Latinoamericanos, no. 28-29 (November 17, 2016): 103–34. http://dx.doi.org/10.22267/rceilat.112829.72.
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Este trabajo tiene por objetivo analizar el agravamiento de los problemas de la administración y las políticas públicas en el Estado latinoamericano para delinear las posibles soluciones. Desde una perspectiva histórica de análisis se inicia haciendo una revisión al sistema político, el constitucionalismo latinoamericano, la evolución de la política económica en América Latina y su impacto en el crecimiento económico y el desarrollo social principalmente en las crisis financieras y presidenciales latinoamericanas. También se analizan las generaciones de reformas del Estado enfatizando los programas de ajuste estructural, estabilización económica, apertura comercial, privatización, la política de competencia en la promoción de la competitividad y se determinan los grandes desafíos de América latina y el Caribe: Pobreza y desigualdad, democracia participativa, política social y modernización del Estado Social. Posteriormente se analiza el impacto de las reformas de la segunda generación: La reforma institucional del Estado y el desarrollo de las instituciones, descentralización, implantación y fortalecimiento de mecanismos de gobernabilidad. Finalmente se analiza el rol que tiene la sociedad civil y la tutela del hermano mayor en el agravamiento de los problemas del Estado, la administración y las políticas públicas.ABSTRACTThis paper has the aim to analyze the aggravating of problems in public administration and policies in the Latin American State to draw the possible solutions. From a historical perspective of analysis it begins reviewing the political system, the Latino American constitutionalism, the evolution of the economic policy in Latin America and its impact in the economic growth and social development mainly in the Latin American financial and presidential crisis. Also it analyzed the generations of State reforms emphasizing the structural adjustment programs, economic stabilization, commercial openness, and privatization and political competition in the promotion of competitiveness and it is determined the big challenges of Latin America and the Caribbean: Poverty and inequality, participative democracy, social policy and modernization of Social State. Later it is analyzed the impact of second generation reforms: The institutional State reform and institutional development, decentralization, implementing and strengthening of governance mechanisms. Finally it is analyzed the role that has the civil society and tutoring of the big brother in the aggravating of the State problems, public administration and policies.
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Sadari, Sadari. "STUDI ISLAM DALAM KAJIAN HUKUM KELUARGA ISLAM DI INDONESIA." Indonesian Journal of Islamic Literature and Muslim Society 1, no. 1 (October 10, 2016): 63. http://dx.doi.org/10.22515/islimus.v1i1.226.
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This article offers a study of h}udu>di> (limit) in Islamic family law contained in the Indonesian Compilation of Islamic Law (KHI). The study of h}udu>di is nothing other than the process of desacralization that KHI becomes progressive in line with the development of modernity and in the context of Indonesian-ness. To that end, this article makes two efforts, firstly, by rejecting the idea that gives no attention to limit in one hand, and secondly, by strengthening the thoughts of scholars who offer new ijtihad both in its concept until to methodology. Thought that strengthens it came from Syrian figure, namely Muh}ammad Shah}ru>r, through a plausibility structure. His study of hududsupported Nurcholish Madjid idea about the de-sacralization, so as to perform the coherence between KHI to human rights issues, democracy, nation-state, civil society, and constitutionalism. So this article supports the spirit of de-sacralization - in addition to not abandon its sacralization - initiated by Nurcholish Madjid. The source of this study is KHI, by using the hududparadigm, that based on a maxim of sabat al-naswa harakah al-muhtawa, meaning that the text is permanent , but the content moves. So that the rule of law is always rooted in liminality based on the text, which is the pivot of study centered on the text toward the context, not vice versa.
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Kumar, Saurabh. "Edging Past Sixty: Towards a Strategic Stock-taking of the Republic." Vikalpa: The Journal for Decision Makers 38, no. 3 (July 2013): 1–12. http://dx.doi.org/10.1177/0256090920130301.
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This essay, addressed to the intelligentsia of the country, on the one hand, and the nation's political class, on the other, makes a case for a ‘National Dialogue’ for taking stock of the record of the post-independence Indian State, yet a work-in-progress in many ways, in a forward-looking perspective by bringing together three key constituencies of the national polity: political activists (and others from civil society, business, commerce, and media circles) working at the grassroots level apex level State functionaries expert observer-media analyst-academic-scholar ‘commentariat’. Such a deliberation can, drawing lessons from experience, throw up an agenda for structural reform that goes beyond mere governance issues and identify (people-centred) pathways for rendering the institutions of the Republic more functional and efficacious in translating its elegantly egalitarian founding vision, enabling an environment of opportunity, into reality more substantially and substantively. It could make an exploration, in other words, of possibilities of corrective intervention at the base of the ‘structure strategy processes behaviour outcome’ (performance determinant) model posited in organizational theory and ‘strategic management’ literature, extrapolated to a State setting. And, in the process, attempt an eclectic revisiting of the grand Nehruvian poser about a structural-strategic stance seeking (to craft) a “just State by just means”, albeit more from an efficacy (i.e. ‘raison d'etat’) standpoint now (in the light of experience). With fine-tuning of the apparatus of the Republic for maintenance of socio-political stability in the country in the face of new mega-trends in the global politico-diplomatic arena — international terrorism, the emerging binding constraint of global warming, the global turn to neo-liberalism sans serious striving for equitable global governance mechanisms and other challenges stemming from the global geo-political and geo-economic dynamics — as the critical consideration. The (radical or other) reform options examined would need to build upon the gains of firm grounding of political pluralism and constitutionalism, and flowering and deepening of democracy — on the social emancipation and political empowerment fronts, above all � made in the first six decades, while bracing up for the future: the challenge of conceptualizing (structural) change conducive for ‘coherent synergizing’ of the institutions of the State and spawning of an alternative politics evocative of the transformative ethos of the early post-independence years.
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Bandžović, Sead. "Transformation of the State and Law in Iran after the Iranian Revolutionin 1979." Historijski pogledi 4, no. 5 (May 31, 2021): 146–62. http://dx.doi.org/10.52259/historijskipogledi.2021.4.5.146.
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With the overthrow of the regime of Reza Pahlavi in 1979, the Iranian revolution ended the existence of the 2,500-year-old Persian Empire and built the Islamic Republic of Iran on its foundations. The revolution was the product of three independent social structures that merged at one point. One was the structure of constitutionalism that grew out of a century-long struggle for democracy supported by modernists; the second was Islamism as a movement to set Sharia law as the primary law supported by rural elements in society in response to Western urban elites and accepted by merchants; and the third is the nationalist structure, driven by rage fueled by Iran's long subordination to European powers. The basic principle of the Islamic Republic of Iran, proclaimed by the new constitution from 1979, is the positioning of God as the supreme bearer of people's sovereignty and people who are only marginal representatives of his power on Earth. Ayatollah Homenini, the supreme leader of the Islamic Revolution and the Iranian state, in this regard created a thesis about the Islamic State as a political representation, created on the basis of the people's will, in order to enforce God's laws. In practice, such system meant setting up Sharia (religious) laws as the only source of law in regulating social, legal and other relations within the community. A dichotomy has been created in the management of the state, so there are two groups of authorities. The first, the conciliar, consists of the Supreme leader, the Council of Guardians (Shora-ye Negahban-e Qanun-e assassi), the Council of Experts (Majles-e Khobragan Rahbari) and the Judgment Council. The task of these councils is to oversee the activities of all levels of government in order to preserve the unity, sovereignty and integrity of the Iranian political system. The conciliar government supervises and advises the republican part of the government, ie. its legislative, executive and judicial aspects. In addition to conciliar government, there is a republican government that creates laws and political decisions in accordance with religious teachings and under the supervision of theocratic political institutions. All laws and court decisions must be based on the principles of the Qur'an, and their proper interpretation requires an understanding of religious principles. On the basis of the constitution, a special High Judicial Council was established, which amended the pre-revolutionary laws (criminal, commercial, civil and procedural), thus creating the so-called “Transitional law”. The biggest changes affected the area of criminal law, where the principle of talion revenge was introduced (“an eye for an eye, a tooth for a tooth”) and the strict punishment of extramarital relations and same-sex relationships. In the domain of marital and family law, a man is given a number of rights, thus putting the woman, as a marital partner, in a more unequal position. Husbands were facilitated in divorce, temporary marriages with more than one woman were allowed, while on the other hand women were allowed the right to divorce only if it was explicitly allowed by her husband during the marriage. The revolution also introduced new sources in the regulation of legal relations. Thus, by an order of the Supreme Judicial Council of 23 August 1982, judges were ordered to use direct authoritative Islamic texts or sources on which to base their judgments in resolving disputes. Judges are required by this Order to address the Council of Guardians of the Constitution if they cannot determine with certainty whether a regulation is in accordance with Sharia law or not. If the judge does not know which law to apply, he must contact the Office of Ayatollah Khomeini for further instructions. In addition to the internal one, the revolution caused radical changes in the foreign policy field, positioning Iran as an important participant in numerous international processes at the regional and global level.
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Kasfir, Nelson. "Civil society, the state and democracy in Africa." Commonwealth & Comparative Politics 36, no. 2 (July 1998): 123–49. http://dx.doi.org/10.1080/14662049808447770.
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Dhanagare, D. N. "Civil Society, State and Democracy: Contextualising a Discourse." Sociological Bulletin 50, no. 2 (September 2001): 167–82. http://dx.doi.org/10.1177/0038022920010201.
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Nayar, P. K. B. "Civil Society, State and Democracy: Lessons for India." Sociological Bulletin 50, no. 2 (September 2001): 192–200. http://dx.doi.org/10.1177/0038022920010203.
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Baccaro, Lucio. "Civil society meets the state: towards associational democracy?*." Socio-Economic Review 4, no. 2 (October 24, 2005): 185–208. http://dx.doi.org/10.1093/ser/mwj031.
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Effendi, Syafnil. "Konstitusionalisme dan Konstitusi Ditinjau dari Perspektif Sejarah." Humanus 10, no. 1 (July 30, 2012): 73. http://dx.doi.org/10.24036/jh.v10i1.488.
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The primary mission of constitutionalist thought is the limitation of power of the government. This limitation means the guarantee and protection of rights of the society. The thought about the limitation of government power aims to avoid power abuse, authoritarian and irresponsible acts. In the constitutional democratic countries, constitutionalism is one of qualifications of democratic countries. However, the democracy is questioned when constitutionalism is included in the constitution and in the real implementation of the state. Key words: constitutionalism, constitution
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Amin, Husnul, Shafiq Qurban, and Maryam Siddiqa. "The Impact of Abusive Constitutionalism on Democracy in Pakistan." Global Political Review V, no. I (March 30, 2020): 46–54. http://dx.doi.org/10.31703/gpr.2020(v-i).06.
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This research concerns the constitutional development in Pakistan with a specific reference to 21st Amendment to the Constitution of Pakistan. It is widely perceived among scholarly and semi-scholarly circles that the tendency of militarys direct intervention in politics; toppling democratically elected government has been declined for the last many decades across the world. According to the new trends, military interferes in the state affairs through indirect means. One of the indirect means includes abusive constitutionalism that involves constitutional amendment and constitutional replacement as mechanisms for constitutional change. The paper explores whether 21st Amendment to Constitution of Pakistan was an abusive constitutionalism that really empowered military to get a strong hold on key policy making areas of national interest during the democratic rule. The research concludes that the 21st Amendment was an abusive constitutionalism as it curtailed civil liberties and fundamental rights of the citizens and hence undermined democracy in Pakistan.
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Shimchenko, Ljudmila. "Civil society as an element of ukrainian state democracy." University Economic Bulletin, no. 46 (September 1, 2020): 138–43. http://dx.doi.org/10.31470/2306-546x-2020-46-138-143.
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The subject of research is the phenomenon of civil society under democratic development state. The goal of research is to study the state of functioning of civil society under democratization of state-building processes. The research target is to consider civil society as a phenomenon of uniting people to defend their interests; to examine the role of civil society in democratic development state. Research methods. In the process of the study, the following research methods were used: a search method, synthesis and generalization. The results of work. The analysis of the value orientations of Ukrainian society has shown that the value of the public good has not become widespread among the Ukrainian population, that is dangerous for achieving unity to bring Ukraine to a higher level of development and citizens to a more better living standard. It has been found that the formation of civil society can increase the level of public good only in terms of the rapid development of a democratic system of state. The field of application of results. The results of this research can be applied to teach such disciplines as Fundamentals of Democracy and Human Rights, Legal State and Civil Society, Political Studies. Conclusions. The main positive result of transformation of Ukraine is civil society. The activity of the formation civil society process is a consequence of value changes, extending legal opportunities of the Ukrainian population and growing demand of society for justice and integrity. Civil society, in all its manifestations, is associated with the hope of organizing such social life that would provide the possibility of civilizational modernization.
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Møller, Jørgen, and Svend-Erik Skaaning. "Marshall Revisited: The Sequence of Citizenship Rights in the Twenty-first Century." Government and Opposition 45, no. 4 (2010): 457–83. http://dx.doi.org/10.1111/j.1477-7053.2010.01326.x.
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AbstractAs described by T. H. Marshall sixty years ago, the Western itinerary to modern democracy and the welfare state followed the sequence of civil, political and social citizenship rights. We demonstrate that Marshall's sequence is no longer the prevalent one in the developing and transformation countries of the contemporary era. Instead, political rights are generally at least as effective as civil liberties which are at least as effective as social rights. This new sequencing is attributable to the combination of ‘liberal hegemony’ and inauspicious structural constraints. More generally, our results suggest that the historical route to liberal democracy and the welfare state – beginning with liberal constitutionalism – is unlikely in today's world.
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Townshend, Charles. "The Meaning of Irish Freedom Constitutionalism in the Free State." Transactions of the Royal Historical Society 8 (December 1998): 45–70. http://dx.doi.org/10.2307/3679288.
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The performance of Ireland as an autonomous state since 1922 remains a contentious subject. Joseph Lee's withering critique of Irish economic backwardness and cultural parochialism, which he holds to be rooted in a narrow adhesion to the ‘possessor principle’ against the ‘performance ethic’, charts a long-term failure to rise to the challenge of statehood. It is not appropriate here to attempt even a summary of his sprawling, bristling account; I want to focus on an aspect highlit by Denis Donoghue when he reviewed it in die London Review of Books. ‘The first and most important fact about modern Ireland,’ Donoghue contended, ‘is that, after die Civil War, there was unquestioned transition to democracy.’ On this view, modern Irish history is, pace Lee, in essence a success story. As Brian Farrell put it, die capacity of die Irish parliamentary tradition to ‘encompass, neutralise and institutionalise’ the disastrous split of 1922 ‘makes die Irish experience unique among the new nation-states of the twentiedi-century world’. Tom Garvin has recendy reinforced this verdict by pointing to the surprising speed with which any tendency to military intervention in Irish politics disappeared. This after a Civil War in which die new Army—lacking any experience of subordination to the civil power— had saved die life of the infant Irish Free State. Indeed, far from witnessing the politicisation of the military, Ireland ‘rapidly became one of the most demilitarised societies in Europe’.
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Marlay, Ross, G. Sidney Silliman, and Lela Garner Noble. "Organizing for Democracy: NGOs, Civil Society, and the Philippine State." Pacific Affairs 72, no. 4 (1999): 613. http://dx.doi.org/10.2307/2672427.
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A.U., Kojageldiev. "THE SIGNIFICANCE OF SOCIAL AND POLITICAL INSTITUTIONS IN THE FORMATION OF THE PRINCIPLES OF DEMOCRACY AND CONSTITUTIONALISM." Journal of Central Asian Social Studies 02, no. 01 (January 1, 2021): 190–200. http://dx.doi.org/10.37547/jcass/volume02issue01-a28.
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This article examines the theoretical concepts of the nature and characteristics of political institutions, organiполитическая системаzational and managerial system and its political aspects and their manifestation in socio-political life, the structure and classification of political institutions, their role in political processes. It shows the essence and forms of the principles of democracy and constitutionalism in harmony with political institutions, their role in political processes, the gradual transformation of society into a democratic civil society, the transformation and modernization of the political system.
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Daly, Erin. "Transitional Justice in Iraq: Learning the Hard Way." Israel Law Review 47, no. 1 (February 11, 2014): 63–83. http://dx.doi.org/10.1017/s0021223713000253.
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The relationship between transitional justice and democracy is fraught and complex, and nowhere more so than in Iraq since the fall of Saddam Hussein. Iraq has experienced a range of transitional justice initiatives, including the trial and execution of its former leader, purges of the civil service and the military, and a series of reconciliation conferences. Yet democracy has not fully taken root and violence continues to plague many parts of the nation on a regular basis. This article argues that initiatives aimed at changing the structure of society – including but not limited to constitutionalism, frequent elections and the development of an independent judiciary – are more likely than purely symbolic efforts to contribute to the consolidation of democracy in the long term. It is these structural developments that have the greatest potential to transform society into a true democracy under the rule of law.
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Sadomskaya, Natalia. "The Emergence of Civil Society." Nationalities Papers 19, no. 1 (1991): 76–78. http://dx.doi.org/10.1080/00905999108408186.
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Now Iam not concerned with definitions. Instead I would like to discuss very briefly the appearance of three organizations in Central Asia that are independent of the state. Everyone knows about the popular fronts in the Baltics; everyone has heard presentations about Ukraine, Belorussia, and Moldavia. I decided, therefore, to take the “hopeless” people, about whom one Soviet diplomat said two years ago: “They are not ready yet for democracy because they have jumped from the feudal system to the socialist system, avoiding your wonderful capitalistic stage when you created democratic institutions.” I want to demonstrate that democratic institutions were indeed created independently from the state in these Central Asian republics.
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Ackermann, LWH. "The Obligations on Government and Society in our Constitutional State to Respect and Support Independent Constitutional Structures." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 3, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2000/v3i1a2881.
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Constitutional democracy recognises the ancient democratic principle that government of a country is based on and legitimated by the will and consent of the governed, which is determined by regular multi-party elections based on universal adult franchise. Constitutional democracy limits this principle by subjecting the democratically elected government and the will of the majority subject to a written constitution and the norms embodied in it. Such constitution is enshrined as the supreme law of the country in question. An almost universal feature of modern constitutionalism is a Bill of Rights that forms part of the Constitution and which is designed to protect and enforce individual rights principally, although not exclusively, against the state. Constitutionalism also embodies the principle of the separation of powers. A competent and independent judiciary, with the power to review all legislative and executive conduct that is inconsistent with the Constitution, is regarded, almost universally, as the prime and most effective check on the legislative and executive branches of government. Recently it has come to be realised that for the truly effective and meaningful operation of constitutionalism, other independent state institutions are necessary. The collective objective of these institutions is to ensure that the Constitution in fact produces what it proclaims: that constitutionalism becomes a way of life in all institutional structures. The South African Constitution has clearly designated the judiciary as the prime upholder and enforcer of the Constitution. The Constitution has, however, gone further and makes provision for a variety of independent state institutions whose purpose is to "strengthen constitutional democracy in the Republic". Apart from these state institutions the Constitution also makes provision for other independent bodies designed to play an important checking and balancing role. The regular effective functioning of these institutions is vitally important for creating and sustaining an ethos of constitutionalism among the inhabitants of the Republic.The Constitution makes explicit provision for the protection of the judiciary and the other independent state institutions and thereby indirectly for the development of habits of constitutionalism. The constitutional protection and support given to the independent state institutions are very similar to that given to the courts. One important distinction is to be noted. In the case of the courts, the Constitution provides that they "are subject only to the Constitution and the law" and no provision is made for them to be accountable to any other organ of state or any other institution or person, for that matter. By contrast, the independent institutions envisaged in section 181 of the Constitution are expressly made accountable to the National Assembly and are obliged to report on their activities and the performance of their functions to the Assembly at least once a year. While the formal independence of state institutions may at all times be scrupulously recognised by the legislature and the executive, their substantive independence can easily be undermined by fiscal starvation and their ability to function properly impeded by bureaucratic administrative obstruction or obfuscation or even, quite innocently, by a lack of appreciation of what the Constitution demands from public administration in support of these institutions. Adequate financial and administrative resources are required to achieve aspects of judicial independence. All South Africans must still be vigilant to ensure, from the outset, that all state organs develop habits and practices of constitutionalism and that they do not, whether by omission, error, or otherwise endanger the independence of our independent state institutions by neglecting their constitutional obligations.For the Constitutional Court to fulfil its role as the ultimate guardian of the Constitution, it must be independent. Its members cannot be elected, because that would imply that the Court owed allegiance or were accountable to the political majority or other elector in question. On the other hand, it is seen as undemocratic for a body that is not elected to be in a position to overrule the expressed will of the political representatives of the majority. This paradox exists in respect of all our courts and makes the method of appointing judicial officers particularly important in order to ensure at the same time, and as far as this is practically possible, both their independence and their legitimacy. The judiciary is however not an arm of the state that has been exempted from all checks and balances. The checks and balances on the judiciary are not the same as in the case of the legislature and the executive. In the case of the latter the checks and balances are principally through the Constitution, as enforced by the courts, and through the political process. In the case of the courts these checks and balances cannot be through the political process, for this would undermine the independence of the judiciary. One of the reciprocal obligations that a constitutional democracy imposes on all its subjects, is to support the independent constitutional institutions, as constitutional institutions, not only vocally at the level of intellectual abstraction, but by actively working to establish the habits of consitutionalism in all societal structures and societal interaction.
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Roche, Chris. "NGOs, civil society and the State: Building democracy in transitional countries." Development in Practice 6, no. 3 (August 1996): 270–71. http://dx.doi.org/10.1080/0961452961000157854.
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Patil, Tejaswini V. "State, Civil Society and Democracy: The Role of NGOs in India." Indian Journal of Public Administration 51, no. 4 (October 2005): 759–88. http://dx.doi.org/10.1177/0019556120050402.
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Ágh, Attila. "The Bumpy Road of Civil Society in the New Member States: From State Capture to the Renewal of Civil Society." Politics in Central Europe 11, no. 2 (December 1, 2015): 7–21. http://dx.doi.org/10.1515/pce-2015-0007.
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Abstract This theoretical paper discusses the controversial development of civil society in the new member states (NMS) over a quarter century of systemic change and after 10 years of EU membership. In doing so, it attempts to elaborate a new conceptual framework for the decline of top-down democracy and the return to democratisation as a bottom-up process. This study of the bumpy course of NMS civil society analyses the gap between large formal legal institutions and small local informal ones and emphasises the need for participatory democracy if democracy in the NMS is to be sustainable. In fact, in this quarter century, two faces of informal institutions have emerged, reflecting the tension between genuine civil society organisations and large corrupt clientele networks. The mass emergence of these “negative” informal institutions has led to a situation of state capture and a democratic façade often analysed in the NMS academic literature. The study concludes that after the political and policy-learning processes of the last 25 years, there are now some signs of a participatory turn in the bottom-up process of NMS democratisation.
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Murphy, Peter. "Reviews : John Keane (ed.), Civil Society and the State (Verso, 1988); Democracy and Civil Society (Verso, 1988)." Thesis Eleven 26, no. 1 (May 1990): 160–67. http://dx.doi.org/10.1177/072551369002600113.
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Oxhorn, Philip. "Civil Society Without a State? Transnational Civil Society and the Challenge of Democracy in a Globalizing World." World Futures 63, no. 5-6 (June 19, 2007): 324–39. http://dx.doi.org/10.1080/02604020701402715.
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Cantori, Louis J. "Civil Society, Liberalism and the Corporatist Alternative in the Middle East." Middle East Studies Association Bulletin 31, no. 1 (July 1997): 34–41. http://dx.doi.org/10.1017/s0026318400034866.
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Democracy has returned to the center stage of American political science. Before World War I, political science assumed the universality of democracy in America. Its educational mission was to inform American citizens of this, its research mission to identify the imperfections of this democracy in order to reform it and to provide academic expertise to strengthen the American state administratively in its democratic mission.’ Post-behavioral political scientists in the 1990s also assume the universality of democracy, now on an international and cross-cultural basis. They also wish to inform the American public of this, and when they uncover it they also wish to reform it through their writings and through the support of indigenous intellectuals and scholars. The incentives, coercion and pressure of the US government assist them in their efforts. They are also engaged in the strengthening of the capabilities of the American state in spreading the democratic message abroad. This collaboration of government and scholar from the 1986 announcement of the Reagan Doctrine and the founding of the National Endowment for Democracy until today has been termed “Operation Democracy.”
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Fedyk, Lidiia. "State and legal views of L. Lukyanenko." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 11(23) (June 11, 2021): 47–54. http://dx.doi.org/10.33098/2078-6670.2021.11.23.47-54.
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The purpose of the study is to identify the features of state and legal views of L. Lukyanenko through the prism of modern state formation. Methods. The priority research methods were: historical and legal - used to understand the evolution of L. Lukyanenko's ideas about the state and law and the connection of ideas with state-building and law-making activities, specifically-search - in analyzing, updating and classifying archival and printed sources, formally -legal method was used in the study of theoretical and legal heritage of L. Lukyanenko. Results. The main provisions of the state and legal views of L. Lukyanenko are revealed. Determinants among them are the idea of the priority of man over the state and the limitation of the functions of the state to resolve disputes in the field of human rights, democracy is a balance between the people and the government. Democracy is a necessary condition for the formation of civil society. The latter is formed on the basis of structuring society. Especially in a democracy, there are strong political parties that represent the interests of different social groups and to some extent limit power. Scientific novelty. The article examines L. Lukyanenko’s views on the state and law. Determinants of state and legal views are the idea of national elite, democracy and civil society, based on the concept of limited role of the state in favor of natural human rights, and the priority of international human rights law over national. The study shows L. Lukyanenko’s views on the formation of civil society and a democratic state. Practical significance. The problems considered in the work can contribute to the further study of state and legal views of L. Lukyanenko, will help to fill the "Ukrainian historical content" of such categories of legal science as "state", "democracy", "civil society".
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Undarya, T. "State of Civil Society Development in Mongolia." Mongolian Journal of International Affairs, no. 18 (August 13, 2013): 52–68. http://dx.doi.org/10.5564/mjia.v0i18.70.
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Mongolia’s civil society has been much praised by observers, mostly foreign, for its strength and vibrancy. While these glowing accounts do have some merit, it is important to take a more sober look at not so conducive environment – political, cultural, economic and financial,- which could severely undermine the future of Mongolia’s civil society. Yet, given the current position of Mongolia, standing to gain from its mining boom, the presence of a strong, well resourced, effective and ethical civil society may be the key factor for determining the country’s course towards equitable and democratic development or essentially a corrupt police state with a small elite ruling over the poor masses. With this thought in mind, this article will review the development of the Mongolian civil society, particularly its environment and structure. The article will rely on the latest available comprehensive study of civil society in Mongolia, produced using the CIVICUS’s Civil Society Index (CSI) methodology.1 Although the CSI study was conducted in 2004-2005, civil society stakeholders agree that its main findings still hold.2 Whenever necessary and possible, the study findings shall be updated with more recent data and analysis. Given the diversity and complexity of the broader civil society field, and considering the vital role played in this field by human rights (including women’s rights) and pro-democracy advocacy NGOs, the article will focus more on this particular sub-field. DOI: http://dx.doi.org/10.5564/mjia.v0i18.70 Mongolian Journal of International Affairs No.18 2013: 52-68
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Crabtree, John. "Democracy, elite power and civil society: Bolivia and Peru compared." Revista CIDOB d'Afers Internacionals, no. 126 (December 20, 2020): 139–62. http://dx.doi.org/10.24241/rcai.2020.126.3.139/en.
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Despite proximity and cultural similarities, Peru and Bolivia provide contrasting examples of elite power as opposed to that of popular movements. Peru in recent years has seen the consolidation of business power at the expense of a politically active civil society; opposition to neoliberal policies has been fragmented and weak. Bolivia has a history of strong social movements that underpinned successive administrations by the Movimiento al Socialismo (MAS). However, these trajectories are not fixed and the ability of civil society and elites to control the state fluctuates. The November 2019 coup in Bolivia is a reminder of this. This article compares the two countries over different time periods: that of state-led development prior to 1980, the neoliberal period in the 1980s and 1990s, and that of post-neoliberalism period after 2000.
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Patterson, Amy S. "A reappraisal of democracy in civil society: evidence from rural Senegal." Journal of Modern African Studies 36, no. 3 (September 1998): 423–41. http://dx.doi.org/10.1017/s0022278x98002754.
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Civil society is the space of uncoerced human association and relational networks formed for the sake of family, faith, interests and ideology. Supporters of civil society have argued that this conglomeration of networks and organisations has helped to fuel democratic aspirations and channel democratic demands in Africa. Proponents maintain that civil society serves as a counter to the actions of the predatory African state, which seeks to limit individual freedoms and to encroach on societal resources. By questioning the actions of state officials and by challenging state policies, civil society organisations can cause the state to be more accountable and transparent, and can facilitate a positive deconcentration of political power. A plural, vibrant civil society encourages political liberalisation and the development of a democratic and legitimate state. It is because the organisations of civil society promote democratic values among their members that they are able to challenge repressive state actions and facilitate democratic development. Since their members trust each other and feel that they have a say in group activities, democratic organisations are more unified and effective at achieving their political objectives.This article challenges these assumptions about civil society through an examination of rural Senegalese organisations. I argue that groups in civil society rarely teach their members democratic values because most associations do not practice legitimate, inclusive and accountable decision making. More often than not, social hierarchies and power relations that define how individuals of different genders and classes are to interact in the public realm limit democracy. As a result, civil society groups often become ineffective and disorganised, and cannot achieve their political, economic or social goals. The inefficiency and undemocratic nature of civil society have larger implications for democratic transitions in Africa.
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Sari, Salem. "The State and Society Partnership." Contemporary Arab Affairs 11, no. 1-2 (March 1, 2018): 139–65. http://dx.doi.org/10.1525/caa.2018.000009.
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This study attempts to reveal the futility of perceptions of the state as self-established and self-sufficient. It argues that the state can only function if it is communicated and not separated. The study criticizes social, classical, and modern theories, searching for the contents, contexts, and mechanisms of the main concepts that continue to constitute the major problems to the theory of political partnership. The focus is on the theory of Habermas and his concepts of democracy, communicative action, and public space, which can be built today into an in-depth theory of sociopolitical partnership in a modern civil state.
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Otero, Gerardo. "Global Economy, Local Politics: Indigenous Struggles, Civil Society and Democracy." Canadian Journal of Political Science 37, no. 2 (June 2004): 325–46. http://dx.doi.org/10.1017/s0008423904040156.
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In this article I critically assess the globalist position which claims that the forces of globalization have fundamentally debilitated nation–states, and that the fate of progressive politics and social movements now depends on the degree and extent of international solidarity and the shaping of a transnational civil society (for example, Beck, 2000; Bronner, 1999; Brysk, 2000; Strange, 1996). Against this globalist, internationalist or cosmopolitan position, I argue that the nation–state continues to be a critical sphere for the imposition of ruling capitalist interests. Likewise, any substantial modification in the economic, political and cultural conditions of subordinate groups, communities and classes will have to be fought and won at this level. While international solidarity will always be welcome, the internationalization of politics, by itself, will not have a substantial impact on the domestic balance of forces. In fact, the main locus of politics should remain local if significant changes in the life chances of subordinate groups, communities and classes are the goal. These subordinate groups will be able to affect domestic state interventions in their favour only to the extent that they constitute themselves politically at the local level. In order to do so, their main challenge may be posited as follows: How can they extract concessions from the state without at the same time being co–opted? Facing this challenge successfully continues to require the construction of democratic organizations for struggle, an accountable leadership and grassroots participation in decision–making.
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Walker, Judith-Ann. "Civil Society, the Challenge to the Authoritarian State, and the Consolidation of Democracy in Nigeria." Issue 27, no. 1 (1999): 54–58. http://dx.doi.org/10.1017/s004716070050314x.
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The victory for democracy resulting from General Olusegun Obasanjo’s election in February 1999 is as hollow as it is contrived. For many analysts and political aspirants, Obasanjo’s victory is not a triumph for democracy but merely a eulogy to formal military rule. Obasanjo is viewed as the “ordained” military successor with more continuity to the tradition of authoritarian rule than to genuine democracy. His known autocratic leadership style and his less-than-progressive stance on the media and women make him difficult to accept as a champion of democracy. Furthermore, the legality of his victory is challenged by his alleged contravention of the qualification regulations of the Independent National Electoral Commission (INEC), a factor that has led his opponent to contest the election results.Given this imperfect situation, this article considers how Nigeria can build on the gains of the transition and consolidate democracy. The evidence from the new wave of democracy sweeping through the developing world suggests that “democracy makes sense” when civil organizations are prepared to challenge the right of autocratic regimes to rule.
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Vogt, David. "Selected aspects of political-geographic study of the democratic civil society." Geografie 120, no. 3 (2015): 444–64. http://dx.doi.org/10.37040/geografie2015120030444.
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The paper focuses on political-geographical aspects of civil society and on the issues of politically engaged non-governmental organisations and civic initiatives in the Czech geographical community. It outlines the complex nature of civil society and different attitudes of researchers towards civil society and its political practice. Spatial aspects of civil society are pointed out, including the concepts of social capital and democracy. The importance of (liberal parliamentary) democracy is stressed, as well as aspects of deliberative and participatory democracy with a “vibrant” civil society. Further research should focus on the geographic factors of conflicts among civil society, state and business.
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Willis, Charmaine N. "Democratization and civil society development through the perspectives of Gramsci and Tocqueville in South Korea and Japan." Asian Journal of Comparative Politics 5, no. 4 (August 4, 2019): 371–84. http://dx.doi.org/10.1177/2057891119867401.
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The development of a country’s civil society has typically been tied to the development of democracy: a vibrant civil society is indicative of a vibrant democracy. Why, then, has civil society emerged differently in South Korea, a country that democratized fairly recently, and Japan, a country that has been democratic since the end of the Second World War? I argue the origins of democracy in both states significantly contributed to the contrasting characters of civil society. In Japan, top-down democratization facilitated the development of a civil society with a strong link to the state for the majority of the 20th century, best viewed from the perspective of Gramsci. By contrast, the bottom-up democratization process in South Korea fostered a civil society where organizations monitor the state, best understood from the Tocquevillian perspective. Through comparative case analysis, this study endeavors to contribute to the literature on civil society by highlighting the ways in which democratization influences the trajectory of civil society.
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Dhakal, Suresh. "Democracy, Democracies and Democracy Discourses in Nepal: An Anthropologist’s Engagement." Dhaulagiri Journal of Sociology and Anthropology 7 (May 17, 2014): 133–56. http://dx.doi.org/10.3126/dsaj.v7i0.10440.
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Democracy is conceptualized and practiced differently in different times and places; and may exist in various forms and levels with various degrees and dimensions. Therefore the use of the word “democracy” occurs neither alone, nor steadily, nor completely; it is, “historically” and “ethnographically emergent”. Following an extensive review, the paper concludes that democracy (ideals, institutions and practices) is depended upon effective state vis-à-vis strong civil society. Effectiveness of the state and the strength of the civil society, both depend on a common denominator, that is, participation. This paper, excavates some of the traces of, what we may like to refer today as democracy, in our own historical context; and, portrays how the meaning of democracy shifting along with the shifting of the local terms for democracy. DOI: http://dx.doi.org/10.3126/dsaj.v7i0.10440 Dhaulagiri Journal of Sociology and Anthropology Vol. 7, 2013; 133-156
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Dy, Manuel B. "Civil Society as Public Space and Democratic Participation." Eco-ethica 8 (2019): 47–61. http://dx.doi.org/10.5840/ecoethica202052821.
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This paper attempts to show how civil society has served as public space and democratic participation in a society, in particular in Philippine society. It consists of three parts. The first part tries to delineate what constitutes civil society. The second part discusses the antinomies of elite democracy and participatory democracy, of rights-oriented liberalism and communitarianism, of welfare state and free market, and how civil society answers these antinomies. The third part surveys the role of civil society as public space and democratic participation in Philippine society. The paper concludes with the challenges in the context of the new dictatorial regime of President Rodrigo Duterte.
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Chubb, Danielle, and Hun Joon Kim. "Civil society, democracy and the state in South Korea: a critical dialogue." Australian Journal of Political Science 51, no. 1 (January 2, 2016): 163–76. http://dx.doi.org/10.1080/10361146.2016.1145899.
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Islam, M. S. "IS THERE CIVIL SOCIETY IN BANGLADESH?" Juvenis scientia, no. 12 (2018): 36–38. http://dx.doi.org/10.32415/jscientia.2018.12.10.
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Сivil society is a group of people excluded from the government and the army and providing a counterbalance and control of the state at the national and local levels in the country. In Bangladesh, since independence in 1971, civil society organizations have been successfully involved in social development, but they have been criticized not to be able promote democracy in Bangladesh because of their support for political parties. Therefore, it impedes strong opposition to corruption and non-democratic activities in the country. In this article, using the historical method, the author analyzes the features and role of civil society in Bangladesh.
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Igwe, Isaac O. C. "Rule of Law and Constitutionalism in Nigerian Democracy: A Critical Relativism Discuss in the Context of International Law." ATHENS JOURNAL OF LAW 7, no. 3 (July 1, 2021): 317–34. http://dx.doi.org/10.30958/ajl.7-3-3.
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The synthesis of rule of law enthrones democracy, justice and goes with such characteristics as liberty, freedom, and the restoration of the dignity of man. The rule of law is predicated upon absolute autonomy being accorded to the judicial arms of the government of any society, state, or country. Thus, the application and interpretation of the law must be under the control of impartial courts adjudicating within the ambit of fair judicial procedures. The dialectics of power and the guiding principles of governance are anchored in the constitution which enshrines the provisions of enforceable laws. The law is the cardinal power of a nation, a direction for due process, and a guiding principle for good governance. The age of enlightenment and the middle ages have a special place for the rule of law as opposed to tyranny otherwise, life could have been chaos. The role of law cannot be left in isolation of democracy as both are interlaced as core universal principles of the civilised world. This paper will explore the rule of law as a paramount factor in constitutionalism, idealism, and realistic principles of the law of any given society. The treatise will in general terms discuss the principles of rule of law and articulate it with the hitherto Nigerian democracy. It will conclude with the argument that complete independence of the judiciary in Nigeria is paramount to ensure proper implementation of rule of law for a better Nigeria. Keywords: Rule of Law; Constitutionalism; Independent Judiciary; Tyranny; Nigerian Democracy. Rule of Law;
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Köseoğlu, Talha. "Islamists and the state: changing discourses on the state, civil society and democracy in Turkey." Turkish Studies 20, no. 3 (September 13, 2018): 323–50. http://dx.doi.org/10.1080/14683849.2018.1521281.
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Mohd, Azizuddin Mohd Sani. "Managing the state-civil society relations in public policy: Deliberative democracy vis-a-vis civil society movements in Malaysia." African Journal of Business Management 5, no. 21 (September 23, 2011): 8399–409. http://dx.doi.org/10.5897/ajbm11.1121.
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Baker, Gideon. "Civil Society and Democracy: The Gap between Theory and Possibility." Politics 18, no. 2 (May 1998): 81–87. http://dx.doi.org/10.1111/1467-9256.00064.
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In this essay, I first provide reasons for the reemergence of the idea of civil society and for its subsequent importance in contemporary democratic theory, particularly on the left. I then show how this new approach to civil society is premised upon the separation of spheres between state and society. Thus the place of civil society in such accounts of democracy and democratisation, although normative and therefore putatively universal, is actually based on western liberalism. This feature of civil society theory obscures democratisation as a contextualised process and therefore distorts descriptions of a normative core to democracy that it truly universal in scope.
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Дмитров, Иван, and Ivan Dmitrov. "DEMOCRACY AND STATE REGIME: RELATIONSHIP AND TENDENCIES IN THE CONDITIONS OF GLOBALIZATION." Advances in Law Studies 6, no. 4 (December 28, 2018): 16–20. http://dx.doi.org/10.29039/article_5c262a6c605b56.08248944.
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The modern world tends both to globalization and to the evolution of democratic institutions. Democracy and globalization are now going hand in hand, involving more and more states in their processes. The establishment of international organizations and international cooperation have great importance for the development of democratic values, guarantees of rights and freedoms, the formation of a global democratic sense of justice and civil society. Keywords: democracy, democratic regime, state regime, globalization, democratic values, democratic sense of justice, civil society
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WALLACE, CIARÁN. "Civil society in search of a state: Dublin 1898–1922." Urban History 45, no. 3 (April 10, 2017): 426–52. http://dx.doi.org/10.1017/s0963926817000244.
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ABSTRACT:A municipal boundary dispute between Dublin's nationalist city council and its independent unionist suburbs in the early twentieth century was symptomatic of a much deeper disagreement over national identity within the United Kingdom. Considering urban councils as the link between the state and local civil society (or subscriber democracy), and using theories proposed by Graeme Morton, R.J. Morris and Norton E. Long, along with illustrative contrasts from municipal behaviour in Edinburgh, this article examines these relationships in Edwardian Dublin. It argues that the modernization of Irish municipal government in 1898 empowered Dublin in unforeseen ways. By amplifying existing divergent identities, and providing a platform for the nascent Irish state, municipal government reforms contributed significantly to the break-up of the UK in 1922.