The essay takes the widespread complaint that societies today are deeply divided and polarized as a starting point. Affirming that there is no democracy without division, it asks what it means for conflict and disagreement to be dealt with in a respectful and civil manner. As an illustration of the main argument, the way that liberals have engaged with populist leaders is criticized on both a strategic and normative level. An alternative to existing strategies of dealing with the conflict between (...) liberals and populist is then proposed. Finally, the article also asks under what conditions civil disobedience might be an appropriate response to authoritarian populism. (shrink)

By offering an analysis of different conceptions of corruption connected to the political regime and contingency in which they developed, the article retrieves a systemic meaning of political corruption. Through the works of Plato, Aristotle, Polybius and Machiavelli, it reconstructs a dimension of political corruption particular to popular governments and also engages with recent neo-republican and institutionalist attempts at redefining political corruption. The article concludes that we still lack a proper conception of systemic corruption comparable to the one of the (...) Ancients because we are yet unable to account for the role procedures and institutions play in fostering corruption through their normal functioning and what this means for liberal democratic regimes. (shrink)

How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.

The paper links higher education reforms and welfare states reforms in postcommunist Central European countries. It links current higher education debates (and reform pressures) and public sector debates (and reform pressures), stressing the importance of communist-era legacies in both areas. It refers to existing typologies of both higher education governance and welfare state regimes and concludes that the lack of the inclusion of Central Europe in any of them is a serious theoretical drawback in comparative social research. The region should (...) still, after more than two decades of transition and heavy international policy advising, be viewed as a “laboratory of social experimentation”. It is still too risky to suggest generalizations about how Central European higher education and welfare systems fit existing typologies. Consequently, the “transition” period is by no means over: it is over in terms of politics and economics but not in terms of social arrangements. Both higher education and welfare states should be viewed as “work in progress”: permanently under reform pressures, and with unclear future. (shrink)

This paper surveys the contributions to the study of argumentation in the two decades since the work of Toulmin and Perelman. Developments include Radical Argumentativism (Anscombre and Ducot), Communication and Rhetoric (American Speech Communication Theory), Informal Logic (Johnson and Blair), Formal Analyses of Fallacies (Woods and Walton), Formal Dialectics (Barth and Krabbe), and Pragma-Dialectics (van Eemeren and Grootendorst). From the survey it is concluded that argumentation theory has been considerably enriched. If the contributions can be made to converge, a sound (...) basis will be created for developing educational methods for producing, interpreting and evaluating argumentative discourse. Thus, argumentation theory may be instrumental in improving the quality of democracy by furthering a reasonable management of differences of opinion. (shrink)

ABSTRACTThis paper explores the impacts of the PREVENT Counter-Terrorism Strategy. The conclusion is reached that violence may be being promoted rather than prevented by government attempts to counter ‘radicalisation’ and ‘extremism’. The motivation for this paper is the author's experience of the PREVENT Counter-Terrorism Strategy in a school in east London; and its main recommendation is that counter-extremism strategies can and should be contested. This conclusion, and the explanation for it, is reached by using a critical realist approach to Critical (...) Discourse Analysis, supported by the framework of the semiotic triangle in the context of Bhaskar's transformational model of social activity. This brings in a time dimension that, it is argued, has previously been neglected in critical realist versions of Critical Discourse Analysis. (shrink)

The majority of studies of post-communism – habitually grouped under the heading of 'transitology' – understand the transition ultimately as a political and cultural convergence of the ex-communist societies with Western Europe. Even those critical approaches that regard the post-communist transition as a relatively unique phenomenon (as in the approaches of path dependency and neo-classical sociology) tend to conflate normative prescriptions with empirical descriptions and to move within an overall framework of what Michael Kennedy has aptly called 'transition culture'. This (...) article argues instead that the transition's nature can only be fully grasped if a case-specific and historical-contextual approach is taken. In theoretical terms, a three-step movement to grasp diversity in Central and Eastern Europe is proposed: (1) the acknowledgement of the plurality of modernizing agency and its creativity; (2) the acknowledgement of multi-interpretability and difference as primary elements of modernity; and (3) a sensitivity to the resulting institutional variety in societal constellations. In substantive terms, it is argued that diversity is a distinctive mark of Europe that is bound to persist in an enlarged Europe, despite the spirit of assimilation in the accession process. (shrink)

The tendency for abstract theorists of democratization to overlook gender dynamics is perhaps exacerbated in the South African case, where racial inequality is obviously key. Yet, attention to the processes through which South African activists inserted gender issues into discussions about how to construct new institutions provides an unusual prism through which to explore the gendered character of citizenship. After providing an explanation for the unusual prominence of gender concerns in South Africa's democratization, the article argues that during the drawn-out (...) democratic transition, South African activists, often influenced by international feminist discussions, developed a collective definition of gender interests and began to build those interests into the structure of democratic institutions, in ways that will affect politics and the definition of “women's interests” in the future. (shrink)

Michael Dorf and Charles Sabel invoke John Dewey’s “pragmatist account of thought and action” as the “backdrop” for their theory of democratic experimentalism, an approach to governance emphasizing judicially monitored local decision making within a system of decentralized administrative authority. Little credit for influence is given to the Austrian economist Friedrich Hayek and his classic liberal ideas. Indeed, Sabel has been highly critical of Hayek’s ideas. Yet, an argument can be made that (i) democratic experimentalism is at least loosely Hayekian (...) and (ii) a combined Deweyan-Hayekian analysis of Dorf and Sabel’s theory reveals some critical mistakes. One implication of my analysis is that Dewey and Hayek’s ideas are more compatible than most democratic theorists and political philosophers will admit. Evidence of this compatibility opens the door for creating and evaluating democratic experiments within a Deweyan-Hayekian theoretical framework, as well as extending the framework to other areas of political inquiry. (shrink)

This article introduces comparative process tracing (CPT) as a two-step methodological approach that combines theory, chronology, and comparison. For each studied case, the processes leading “from A to B” are reconstructed and analyzed in terms of ideal-type social mechanisms and then compared by making use of the identified mechanisms and ideal-type periodization. Central elements of CPT are path dependence, critical junctures and focal points, social mechanisms, context, periodization, and counterfactual analysis. The CPT approach is described, discussed, and compared with more (...) formal and deterministic forms of process tracing, which are found to be less fruitful for systematic comparison. (shrink)

This article offers a new interpretation of Mexico's transition to democracy that differs from the pessimistic and less culturally oriented ones that currently prevail. In the article I develop a normative model, which emphasizes the moral capacities of civil societies and their ability to inspire altruistic actions. I suggest that this approach is not only more compelling philosophically but also more plausible empirically. To demonstrate this, I reconstruct a series of events from Mexico's recent past. My discussion suggests that social (...) actors can reconfigure societal self-understandings through moral interventions in the public sphere and that such refigurations of the symbolic order are central for democratic transition. (shrink)

(1996). Democratic systems and disequilibrium. World Futures: Vol. 47, Unity and Diversity in Contemporary Systems Tinking: Systematic Pictures at an Exhibition, pp. 5-14.

(2006). Democratic Deliberation in a Multinational Federation. Critical Review of International Social and Political Philosophy: Vol. 9, No. 3, pp. 419-444.

In social scientific studies of Europe’s new democracies, there has emerged an analytical approach which transcends the teleology of ‘transitology’ and, focusing on the impact of culture and history, is sensitive to the contingencies and ‘eventfulness’ of social transformations. The main thrust of this article is that such a culturo-historical approach may prove useful not only in assessing the different results to which the processes of democratization lead at the national level, but also to assess the general direction of political (...) change after 1989 towards democracy. Building on Eisenstadt’s notion of modernity as a cultural and political program, this article therefore attempts to understand the revolutions of 1989 not only as the mere sum of particular national events, but also as part of an ‘entangled history’, that is, as a common, transnational phenomenon which was based on and articulated a shared cultural understanding. (shrink)

La democracia del siglo XXI se enfrenta a nuevas imposturas: prácticas comunes en los extintos autoritarismos del siglo XX aparecen ahora como atributos de gobiernos que se declaran democráticos. Se trata, en realidad, de una crisis de identidad de la idea de democracia, que le obliga a reconocer su carácter intrínsecamente abierto y por ello mismo, incierto, lo que remite a su fundamento moral. La revisión de las distintas familias de teorías de la democracia revela que lo que la define (...) es la existencia de salvaguardas constitucionales y poderes limitados que permiten la emergencia de un agente moral autónomo. Pero entonces, se asoma una crisis del sujeto democrático: el régimen democrático, como sistema de separaciones, supone y exige sujetos moralmente comprometidos con la libertad, lo que a su vez peligra en tiempos de modernidad tardía. Palabras clave : incertidumbre; constitucionalismo; autonomía; separaciones; modernidad tardía. Theories of Democracy: Uncertainties and SeparationsDemocracy in the XXI century faces new impostures: practices that were common under the extinct authoritarianisms of the XX century appear now as attributes of self-declared democratic governments. The idea of democracy suffers an identity crisis, which obliges it to acknowledge its own intrinsically open, and thus uncertain, nature; in turn, this directs one to democracy’s moral foundations. The review of the different families of theories of democracy reveals that what defines the latter is the existence of constitutional safeguards and limited powers, which allow for the emergence of an autonomous moral agent. But then, a crisis of the democratic subject becomes visible: the democratic regime, as a system of separations, involves and demands subjects who are morally committed with freedom, which in turn is in jeopardy in times of late modernity. Keywords: uncertainty; constitutionalism; autonomy; separations; late modernity. (shrink)

This text is an examination of the democratic public sphere in relation to the presently dominating crisis discourse. More precisely, we endeavor to expose assumptions, aims and consequences entailed by the discourse of crisis, hereafter considered as a rhetorical apparatus asserting that crisis reveals an unambiguous and mandatory nature of things imposing self-evident and thus non deliberative decisions concerning both singular existence and communities. The crisis discourse serves to endorse indisputable certainty and therefore to blur or even suppress indeterminacy. Nevertheless, (...) and it is our guiding allegation formulated mainly in reference to Claude Lefort’s political thought, the possibility of democracy and of its public sphere depends constitutively on a unique indeterminacy. Our analysis proves that restoring certainty cannot but go along with a naturalist fallacy and an abuse of rhetoric power postponing deliberative-shaped democratic practices. This line of reasoning comes to define public sphere as a rhetorical counter-power strategy meant to reassert democratic indeterminacy. (shrink)

This article analyzes the institutional patterns of eight young democracies in Asia. The analysis originates from Lijphart's majoritarian-consensus framework. It illustrates that neither Lijphart's two-dimensional democracy pattern, nor an alternative pattern exists in Asia. Instead, the review of possible causes for the lack of conformity between Lijphart's patterns of democracy and the reality of the situation in Asia support the criticism in existing research literature regarding some of Lijphart's main assumptions and major conclusions. Furthermore, Asian realities provide only partial support (...) for Lijphart's advice that the consensus option is the more attractive option for countries that designed their first democratic constitutions. (shrink)

This article deals with basic changes in Polish society over past 20 years. On the basis of sociological surveys, the author attempts to answer the following questions: to what extent has systemic change brought about significant changes in social stratification? In which dimensions did it take place? What are the consequences of these changes for individuals and the social system? How does Polish society differ from others? As for social stratification, the only clear and unambiguous tendencies were growing inequality and (...) more marked effects of educational credentials on incomes. Contrary to expectations, barriers to mobility have not become more rigid, nor is there any clear evidence of social origins mattering more for educational achievement. Transformations in social structure have been accompanied by rising discontent with material conditions, the government, and the system as a whole. Interestingly, this wave runs counter to positive evaluations in the private sphere, displayed in relatively high self-esteem and satisfaction with friendships and family life. These optimistic attitudes contrasted with disapproval of the political class, and with the workings of democracy. The degree of legitimization of the political system in Poland appears to be the lowest among 21 European societies. When compared with the capitalist West, this constitutes one of the obstacles to modernization along Western lines. (shrink)

Like any other regime, authoritarian regimes mutate. Many of these mutations depend upon the upshot of internecine elite conflicts. These condition the ability of a ruler or would-be ruler to seize state resources and acquire the capacity to exercise violence. It is therefore crucial to investigate the factors that shape the dynamics and outcomes of contention among elite groups in authoritarian regimes. This article pursues this line of investigation by examining from a micro-analytical, process-oriented, and phenomenological perspective how institutions of (...) collective leadership affect power struggles in oligarchic power configurations. Drawing on the case of Serbia in the late 1980s, the following inquiry lays bare three institutional effects. First, collective organs of deliberation and decision-making channel intra-elite contention by defining the arenas in which elite members expect contention to take place (channeling effect). Second, by exacerbating actors’ mutual awareness and coordination dilemma, the forum setting of these collective organs lends itself to the emergence of open-ended situations (indeterminacy effect). Third, the verdicts delivered by institutions of collective leadership shape elite members’ expectations about group allegiance (collective alignment effect). In conjunction with this sequential argument about impact, the present article engages the conceptualization of authoritarian regimes, the analysis of institutional effects, and the study of delegitimation in an interactional setting. (shrink)

This paper attempts to explain why and how the middle class in Korea decisively joined the democratic movement in 1987 by drawing special attention to the role played by the “middling grassroots” (MG). MG was formed out of the common experience of student activism and contesting subcultures, which were widely dispersed over Korean university campuses during the 1980s. In addition, this paper examines the contrasting views on the Korean democratic transition by Bruce Cumings and Adam Przeworski. This substantive analysis attempts (...) to show how such discord can be resolved by working out a mediating variable between action and social structure. It is suggested that the concept of MG is a good example of such a mediating variable. (shrink)

In “Popper, Weber, and Hayek: The Epistemology and Politics of Ignorance,” Jeffrey Friedman argues that markets are superior to democratic institutions because the price system doesn't require people to make the kind of difficult counterfactual judgments that are necessary in order to evaluate public‐policy alternatives. I contend that real‐world markets require us to make all kinds of difficult counterfactual judgments, that the nature of these judgments limits the effectiveness of the price system in coordinating our activities, and that the market (...) participant who is capable of making reasonably good economic judgments can also become the kind of well‐informed citizen who is essential to democratic self‐government. (shrink)

There is growing agreement among scholars and citizens that our planet and its peoples are presently living through an era of great political uncertainty. Global pestilence, species destruction, shrinking US power and the birth of a new Chinese global empire are among the forces said to be responsible for the rising tides of uncertainty. Some observers even speak of a great leap backwards, a regression towards catastrophe, a rebirth of the disquiet and fear that marked the world of the 1920s (...) and 1930s. They are sure that the future will bring only threats, rather than new opportunities to live well. This essay notes the seriousness of things, but it raises doubts about these pessimistic claims of a new age of uncertainty. Historical comparisons are needed. So is greater clarity about the role played by communicative abundance in inflating our collective sense of doom. And a paradox is noted: calamities do more than stir up questions about how best to classify and measure the experience of uncertainty. Definitions of uncertainty also become uncertain. This should be unsurprising. Only institutions and everyday experiences unaffected by the flow of time could be defined and lived with any certainty. The insight not only has rich implications for the way we think about politics and democracy and its vulnerability to morbid backlashes and yearnings for demagogues. Doubt can generate fresh ideas and positive practical breakthroughs. Disquiet and incertitude are fickle characters, but they are also challengers of all forms of human arrogance, including the dogmatic conviction that our world is now headed for hell. (shrink)

In this paper, I attempt to revamp Confucian democracy, which is originally presented as the communitarian corrective and cultural alternative to Western liberal democracy, into a robust democratic political theory and practice that is plausible in the societal context of pluralism. In order to do so, I first investigate the core tenets of value pluralism with reference to William Galston’s political theory, which gives full attention to the intrinsic value of diversity and human plurality particularly in the modern democratic context. (...) I then construct a political theory of Confucian pluralist democracy by critically engaging with two dominant versions of Confucian democracy—Confucian communitarian democracy and Confucian meritocratic democracy. My key argument is threefold: (1) the unity in Confucian democracy should be interpreted not as moral unity but as constitutional unity; (2) Confucian virtues should be differentiated (or pluralized) between moral virtues and civic virtues; (3) in Confucian democracy minorities have the constitutional right to contest public norms in civil society. (shrink)

As an advocate of ‘comparative political theory,’ Fred Dallmayr has long engaged with Confucianism with a new vision for democracy suitable in East Asia but little attention has been paid to his idea of Confucian democracy, which he presents as a specific mode of ethical or relational democracy. This paper investigates Dallmayr’s ethical vision of Confucian democracy, first, by articulating his postmodern reconceptualization of democracy in terms of post-humanism and, second, by examining his post-humanist reevaluation of Confucian virtue ethics as (...) a critical resource for ethical democracy. It argues that the ethical vision of Confucian democracy, though morally appealing, should not dismiss the important instrumental value of democracy as a political system and, rather, find a way to integrate democracy’s instrumental and intrinsic values in a way that can enhance the qualitative relationality between people, political agents, and the common good. (shrink)

Algunos autores contrarios a la práctica constitucional actualmente dominante han defendido una rigidez constitucional “mínima” como una forma “débil” del constitucionalismo en la que la voluntad mayoritaria puede identificar el alcance de los derechos fundamentales por encima de las determinaciones judiciales. El objetivo de este trabajo es plantear algunas reflexiones críticas sobre dicha propuesta, adoptando para ello como parámetro normativo la racionalidad intrínseca de la práctica constitucional contemporánea en las democracias liberales. Dicha argumentación crítica avanza del siguiente modo: en primer (...) lugar, se discute la distinción formal entre sistemas de control jurisdiccional “fuerte” y “débil”; en segundo lugar, se pone en duda la supuesta relevancia de la reforma constitucional en la concreción histórica de los derechos básicos; y, por último, se rechaza la rigidez constitucional mínima entendida como parte de un modelo constitucional genuinamente alternativo diseñado para superar la práctica constitucional dominante. (shrink)

Monshipouri examines three paradoxes in the conflict between the legal-political global order and the growth of civil society in the international system: state-building vs. democratization; economic liberalization vs. political liberalization; and human rights vs. state sovereignty.

This dissertation addresses a debate about the proper relationship between democratic theory and institutions. The debate has been waged between two rival approaches: on the one side is an aggregative and economic theory of democracy, known as constitutional economics, and on the other side is deliberative democracy. The two sides endorse starkly different positions on the issue of what makes a democracy legitimate and stable within an institutional setting. Constitutional economists model political agents in the same way that neoclassical economists (...) model economic agents, that is, as self-regarding, rational maximizers; so that evaluations of democratic legitimacy and stability depend on the extent to which the design of institutional rules and practices maximize individual utility by promoting efficient schemes of collective choice. Deliberative democrats, on the other hand, understand political agents as communicative reason-giving subjects who justify their preferences and positions on issues that jointly affect them in a process of consensus-directed discourse, or deliberation; so that evaluations of democratic legitimacy and order depend on the degree to which institutional norms and practices promote deliberation and draw upon deliberated public judgment. I argue that despite the numerous incompatibilities between constitutional economics and deliberative democracy—which amount to a 'deep divide'—an opportunity to produce a genuine synthesis of the two approaches arises inasmuch as it is possible to overcome several points of opposition in their separate research programmes. The central thesis of the dissertation is that it is possible to construct a bridge spanning the divide between constitutional economists and deliberative democrats, and that Dewey and Bentley's transactional view can facilitate this bridge-building project. Pursuant to this end, the points of opposition between the v research programmes are mediated by way of five concepts which, on balance, favor deliberative democracy and its feasible institutionalization. (shrink)

Although the use of truth and reconciliation commissions (TRCs) has grown considerably over the last 3 decades, there is still much that we do not know concerning the choice and the structuring of TRCs. While the literature has focused primarily on the effects of TRCs, we examine the domestic and the international factors influencing the choice of a commission in sub-Saharan Africa from 1974 to 2003 using pooled cross-sectional time series. We find that states which adopted a TRC prior to (...) South Africa were generally repressive centralized regimes which used the truth commission as political cover. However, since South Africa’s TRC, democratizing states have been more likely to adopt a truth commission as a form of transitional justice. (shrink)

Problem setting. Latin America and the Caribbean traditionally referred to as a large and ambiguous region in an out-side territorial scientific environment. A whole stratum of problems of identities, peculiarities of self-awareness, civilization affiliations of messianic ’appointments ’ in the history of the region and the world, the development of ways of cultural and historical development corresponding to them, the affirmation of the tendencies of state formation is in a scientific researcher focus. Among the many aspects that conceptualize the demandfor (...) research in the region and its implementation, we would like to highlight the following: 1) Latin America and the Caribbean are, to some extent, «a territory of historically significant validation of modern trends» in their speculative lengthening, the field ofdeveloping new ones political and economic novations, including regarding various projections of the correlation of socio-political practices, institutional design and legal technologies, derived from the understanding of nature and the purpose of law. 2) The region ’provides ’ a wide range of heterogeneous materials for analytical work, both concatenate-linear in nature, and combining poly-meaningful multidimensionality, multifaceted coexistence of values generated by contemporary media, the glare of meanings, signs, intentions of conscious transformations, random «breakthroughs» of network travel followers. In the discovery literature thatfollows only the analysis of statistical indicators, it is often noted that Latin America and the Caribbean is a region of polarization. 3) Considering the full amount of opportunities and perspectives available, Latin America in general, in some associative formulation, is clearly «boxing at levels below its weight and its impact on international canvases», that is, there are some reasons for internal and external character that significantly reduce the region’s role in the world, affecting accents of processes of political, legal and economic worsen the work «for the common good», underestimate «the bar of tasks and results» do not meet the expectations of the significance of the region. Recent research and publications analysis. The paper uses an interdisciplinary approach involving the research of representatives of various sciences. Concerning the approach to certain aspects of the constitutional process in the countries of Latin America and the Carribien was used the researches of Ukrainian authors Yu. M. Todyka, V. P. Kolisnyk, Yu. G. Barabash, M. P. Orzikh, T. M. Slinko, A. G. Kushnirenko, pertaining to in relation to consideration ofpeculiarities ofdevelopment andfunctioning of the model of the presidential state was launched analytical andfunctionality materials I. V. Protsiuk. On the conceptualization within the political science tradition in connection with the problems of the political regimes, their development in the conditions of conflict of the present, in the face of threats and challenges of a multifaceted nature are included the materials of methodological and theoretical importance M. P. Trebin, I. O. Polishchuk, D. Denisenko, G. M. Kutz, O. A. Fisun, M. A. Polovyi and, in the context of regional- geopolitical dimensions, V. Yu. Karasev. Among the foreign authors on the subject area of the study, we note the conceptual vision of the combination ofeconomic cycles and political and legal processes of the present Daniela Campello, the development of the author of the theory of «path dependence effect» by J. Mahoney and researchers of modifications of the development of neo-patrimonialism in Latin America and Karsten Bachle. Focused on the trends and innovations of the constitutional process in the countries of the region are the scientific orientations of Rogelio Nu'nez and P. I. Kostogryzov. A broad analytical and research base on the transformation of political regimes in Latina America and the Caribbean and the peculiarities ofpolitical processes in individual countries are provided by the works of B. Geddes, G. O’Donnell, L. Diamond, D. Ziblatta, S. Levitsky, Z. V. Ivanovsky, T. A. Vorotnikova, P. P. Yakovlev, D. V. Morozov, and others. Paper objective. The purpose of this work is to find out the broad contexts of the relationship between economic and political and legal processes in Latin America and the Carribien countries with attention to the peculiarities of the rule of law formation. The tasks are to analyze a set of approaches to finding the causes of the difficulties of socio-political and institutional-legal development in the region with the involvement of interdisciplinary scientific experience and to identify some essential features of meaning- forming and socio-constructing phenomena in the contextual contours. Paper main body. One of the options for designating the specificity of the current state of affairs is framed in the concept of the so-called «curse of volatility» - the dependence of local, mainly commodity and export-oriented with low internal economy savings from cycles, fluctuations of the world economy. This dependence is a definite structural factor and has been forming for a long time. Also, macroeconomic indicators within the framework of a certain political economy methodology in the projection for the sum ofpolitical and legal events allow us to see the spread of ideology, whether left or right, the rise of populism, the tendency for further democratization of the way of life or vice versa from democracy, the relative calm of the political process or the turbulence ofpolitical events are, after all, tied to basic economic indicators, and often more or less relevant to us and corresponding to figures about the level of safety of life. The trajectory of development was laid down by some decisions at a time of critical juncture when privatization created the basis of the local economy as a structural part of the world capitalist system with its dynamics of development that facilitated the formatting and reproduction of the reactive sequences caused by different types of liberal reforms. Conclusions of the research. The particular attention in Latin America and the Caribbean countries on the expectations and responsibilities of building the future is focused on the development of Constitutional law as a leading sphere in the system of national law. Hence the numerous constitutional changes in the countries of the region, the constitutional reforms of different grades, which are intensively continued today. The lifestyle liberalization, resolving key property issues, attempts at democratization in Latin America and the Carribien countries took place in different ways, but after the foundations ofpublic law that were borrowed in outline in the USA. Between enshrined key provisions in the Constitutions and the coexistence of essentially diverse mass consciousnesses and aspirations on different ’floors’ of the society, has raised multi-dimensional discord, that is emerging from the institutionalization of the liberal-democratic model of the state, generated in the context of understanding freedom as a key concept. Therefore the aspect ofan all-public agreement on coexistence rules does not appear to be fully realized, which gives rise to a search for a constitutional character. The focus remains on the relationship between multiple interests and ideas about the common good, by means of the formation of the general will in the structure and practice of constitutional-democratic regimes. It is inextricably linked to the transformation of the concepts of representation and citizenship. Democratic legitimation is correlated with ideas about the rule of the masses, the will of the majority in the living creation of the norms of life, and with the accompanying active and continuous participation in the political process of large groups, sectors of the population. The constitutional creativity of the countries of the region shows the element of an assertion of messianism, the designation of the special role of the country, its leader, ideology, the Constitution in the processes of historical implementation at the level of regional or the world. This moment of national pride for the country and its contribution to the cultural and civilizational space of history is realized in experimental projects of various expressions. (shrink)

The question about how culture shapes the possibilities for successful democratization has been a controversial issue for decades. This article maintains that successful democratization depends not only on the distribution of political interests and resources, but to seriously challenge a political regime, the advocates of democracy require cultural legitimacy as well Accordingly, the central question is how democratic ideas are connected to the broader culture of a social community. This issue will be addressed in the case of South Korea. The (...) Minjung democracy movement challenged the military regime by connecting democratic ideas concerning popular sovereignty and human rights with cultural traditions. The dissidents substantiated democratic values by articulating an alternative concept of political representation against the authoritarian regime, increasing the cultural resonance of their concept by linking democratic ideas to traditional narratives and practices, developing a rich dramaturgical repertoire of collective action, and mobilizing public outrage by fusing the above three elements within historical situations. (shrink)

What kind of institutions are needed to stabilize and foster democracy? Clearly elections are crucial and much of the institutional and legal surrounding of elections has been subject to research. Two institutional variables have been neglected though, specifically in empirical research: Electoral Management Bodies and International Observer Missions. Can EMBs and EOMs foster free and fair elections? If yes, under what conditions? And what kind of competences are needed for them? We hypothesize that both can become crucial institutions for free (...) and fair elections. Whereas independent central banks or audit courts control special issue areas in order to take certain decision out of the realm of politics, EMBs control the moment of the set-up of government—the election, when conflicts of interest of politicians are at its peak. Although other kinds of independent administrative agencies have been the subject of political science and economic research, EMBs and EOMs have also been neglected here. This article undertakes to outline a conceptual framework for testing various hypotheses on the institutional set-up of EMBs. Hypothesizing that deiure and defacto independence of EMBs foster fair elections, the detailed institutional set-up of EMBs as independent variable is outlined in order to test for the level of democracy as a dependent variable. Furthermore, the importance of EOMs as well as their interaction effect with EMBs is analyzed. Although by now EOMs are sent to almost any country with elections, their impact has not been analyzed in an encompassing way in spite of that the mission have intensified in their work, have become more costly and their verdicts are gaining ever more publicity. (shrink)