scholarly journals Participatory constitution-building in Fiji: A comparison of the 1993–1997 and the 2012–2013 processes

2020 ◽  
Vol 18 (1) ◽  
pp. 260-276
Author(s):  
Abrak Saati
Keyword(s):  
Public Participation ◽  
Political Elite ◽  
Systematic Analysis ◽  
Post Conflict ◽  
Participatory Processes ◽  
Democratic Rule ◽  
Constitution Building ◽  
Established Norm

Abstract Participatory constitution-building during times of transition from war to peace or from authoritarian to democratic rule is quickly becoming an established norm. This article analyzes and compares two Fijian participatory processes; the 1993–1997 process and the 2012–2013 process. The purpose of doing so is to understand the extent to which these processes were genuinely participatory in terms of extending the Fijians’ possibility of influencing the content of the constitution. The article concludes that these processes were merely symbolic in terms of public participation; that there is not much that public participation can achieve in and by itself; and that the sequencing of public participation and secluded political elite negotiations in the context of constitution-building during times of transition is a field of research that is in dire need of further systematic analysis, particularly as an increasing amount of post-conflict and post-authoritarian states endeavor participatory constitution-building.

scholarly journals Participatory Constitution-Building in Nepal – A Comparison of the 2008-2012 and the 2013-2015 Process

2017 ◽  
Vol 10 (4) ◽  
pp. 29
Author(s):  
Abrak Saati
Keyword(s):  
Public Participation ◽  
Empirical Support ◽  
Political Elite ◽  
Individual Level ◽  
The Public ◽  
Positive Effects ◽  
Time Period ◽  
Democratic Rule ◽  
Constitution Building ◽  
Level Of Analysis

Participatory constitution-building is a trend that appears to be here to stay; particularly when new constitutions are drafted in the aftermath of war or during transitions from authoritarian to democratic rule. Anticipations as to what the involvement of the public will achieve are several, and scholars are only recently starting to systematically investigate whether or not these expectations find empirical support. Previous research has shown that public participation in the making of the constitution can have certain positive effects at an individual level of analysis, but that the actions of political elites during constitutional negotiations might affect outcomes at a macro level of analysis more than what has hitherto be acknowledged in this strand of research. Nepal is one of the most recent cases of participatory constitution-building, and the country carried out not only one, but two, such processes within a time period of only seven years. The first resulted in failure as a draft constitution was never finalized; the other in success with the adoption of a constitution in 2015. This article takes an interest in exploring and comparing these two separate processes as regards the extent of public participation vis-à-vis political elite negotiations and bargaining behind closed doors. The article finds that what primarily sets the two processes apart, is how broad based public participation and secluded elite negotiations were sequenced. In light of other empirical examples, the article also discusses if elite bargains ought to be struck before the general public are invited to participate.

scholarly journals Constitution-Building Bodies and the Sequencing of Public Participation A Comparison of Seven Empirical Cases

2017 ◽  
Vol 10 (3) ◽  
pp. 13 ◽  
Author(s):  
Abrak Saati
Keyword(s):  
Political Parties ◽  
Public Participation ◽  
General Public ◽  
Political Elites ◽  
Authoritarian Rule ◽  
Systematic Analysis ◽  
Single Person ◽  
Building Process ◽  
Rules Of Procedure ◽  
Constitution Building

Constitution-building is one of the most salient aspects of transitional processes, from war to peace or from authoritarian rule, in terms of establishing and strengthening democracy. This paper is part of a research project that aims to identify the circumstances under which constitution-building can strengthen democracy after violent conflict and during transitions from authoritarian rule. Previous research has indicated that the actions and relations of political elites from opposing political parties when making the constitution has bearing on the state of democracy post promulgation, but that the careful sequencing of public participation in the process can be of relevance as well. This paper conducts a systematic analysis of seven empirical cases and focuses the investigation to the type of constitution-building body that has been employed and to during what stage of the process the general public have been invited to participate. It concludes that popularly elected constitution-building bodies tend to include a broad range of political parties and that they, additionally, tend to have rules of procedure that encourage compromise and negotiation, whereas appointed bodies are dominated by one single party or one single person and do not have rules of procedure that necessitate compromise. The paper also discusses the potential need for political elites to have negotiated a number of baseline constitutional principles prior to inviting the general public to get involved in the constitution-building process, and concludes that this is an area of research in need of further in-depth empirical case-studies. 

The Role of Evaluative Tools in the Creation of the Memorial Media Portrait of Jacques Chirac (1932—2019)

2020 ◽  
pp. 97-110
Author(s):  
E. N. Mikhailova ◽  
V. A. Telegina
Keyword(s):  
Print Media ◽  
Political Elite ◽  
Systematic Analysis ◽  
Research Material ◽  
Political Orientations ◽  
Different Types ◽  
The Media ◽  
The Creation ◽  
Entire Text

The article is devoted to the study of evaluative tools used in modern French media in order to form the media image of a representative of the political elite. The techniques used in the creation of a memorial media portrait of Jacques Chirac (1932—2019), President of France from 1995 to 2007 are considered. The research material was the most prestigious French print media of various political orientations, published in late September — early October 2019 in connection with the death of the ex-President of the French Republic. The relevance of the research topic is dictated by the close attention of modern linguistics to axiological phenomena, differently presented in different types of discursive practices. The novelty of the study is due to the appeal to the analysis of the complex of evaluation tools used in the French print media when characterizing the former leader of the state during the nation’s farewell period. The estimated potential of the title of the article and its influence on the formation of the estimated vector of the entire text of the publication are shown. A systematic analysis of the assessment expression means, reflected in the memorial media portrait of the politician, is given. The factors that influenced the peculiarities of their use in this type of media portrait are revealed.

scholarly journals Das Verwaltungsrecht der Vereinigten Staaten von Amerika

2021 ◽  
Author(s):  
Eberhard Schmidt-Aßmann
Keyword(s):  
Public Participation ◽  
Judicial Review ◽  
Early Stage ◽  
Administrative Law ◽  
Freedom Of Information ◽  
Administrative State ◽  
Systematic Analysis ◽  
Democratic Ideals

US administrative law forms a body of law that is considered to be particularly ‘political’. From an early stage on, US administrative law has endeavoured to provide instruments and procedures that foster and implement democratic ideals and concepts; consequently, US ‘freedom of information’ and the standards of public participation in the rulemaking process have often served as a model for foreign administrative law systems. Nevertheless, the agency actions have constantly been questioned and disputed. This book offers a systematic analysis of the constitutional foundations as well as the procedures, of liability and judicial review in administrative matters, and it examines the legitimacy of the American ‘administrative state’.

Empirical Research on Constitutional Drafting Processes Following War or Internal Disturbances in Iraq, Tunisia, Kosovo and Sudan

2020 ◽  
Vol 23 (1) ◽  
pp. 314-339
Author(s):  
Habiba Abubaker
Keyword(s):  
Public Participation ◽  
Empirical Research ◽  
The Other ◽  
Peace Building ◽  
Internal Conflict ◽  
Post Conflict ◽  
Building Process ◽  
The World ◽  
Complex Procedure ◽  
State Of Affairs

Constitutional drafting is a complex procedure. Every year, nonetheless, the world witnesses the birth of several constitutions. The drafting of constitutions, however, differs greatly from one to the other; this depends mainly on the state of affairs in each State and the causes behind the need for a new constitution. In post-conflict States, the success of the constitutional drafting process depends on various factors including, inter alia, the inclusiveness of the process; transparency; equal representation in the bodies involved in the drafting; public participation; as well as the role the international community plays. All of these factors have great implications on the success, or failure, of not only the constitutional drafting process, but also on the whole peace-building process in post-conflict societies. In other words, a successful constitutional drafting process must be nationally-led and owned while targeting the root causes of the conflict. While it may be aided by international components, the process must reflect the geo-ideological differences within a State, whether cultural, tribal, ethnic or religious. This article gives an empirical account of the constitutional drafting processes adopted as a consequence of internal conflict in Iraq, Tunisia, Kosovo, and Sudan. The paper discusses the general drafting process; the bodies involved; procedural shortcomings; and any international influence.

NATIONAL EDUCATION IS THE MAIN GUARANTEE OF ESTABLISHING NATIONAL ELITE

2019 ◽  
pp. 89-94
Author(s):  
Mykola Zhulynskiy
Keyword(s):  
Private School ◽  
Native Language ◽  
Language Education ◽  
The State ◽  
Political Elite ◽  
Systematic Analysis ◽  
National Education ◽  
National Minorities ◽  
State Archives ◽  
The Right

In the article, the scientist focuses on the goal of education – the formation of a leading strata of the Ukrainian people – intellectuals, the national elite. The article states that the national character is formed only by the national school. The purpose of education is defined - formation of the leading layer of the Ukrainian people - intellectuals, national elites. It is noted that a conscious volyn political elite was formed. In a systematic analysis of archival sources, the author notes that in the State Archives of Ternopil region (fund 351) you can learn about the teachers of the gymnasium: the director and teacher of Latin Sergey Ulianovich Milyashkevich, professor of general history, geography and Latin Andrei Kutsa, professor of Ukrainian language and literature Victor Gnazhevsky , teachers of religion (Yuriy Ivanitsky), natural sciences and arithmetic (Luka Skibinetsky), manual labor, calligraphy and drawing (Vasyl Doroshenko), French and German; (Katerina Milyashkevich), teacher of mathematics. Physics and Chemistry (Vasyl Kavun). Describing the preconditions for the emergence of Ukrainian gymnasiums in Volyn, the author notes that at that time in the late 1920's Volyn voivodship operated 1144 schools, of which 390 were late saturdays, 750 Polish and only 4 schools with Ukrainian language education. The state program of assimilation of national minorities (the Ukrainian minority in the Second Common Polish Commonwealth was the second largest national group after the Poles, accounting for about 15% of the total population) in Volhynia was through compulsory school education in the spirit of the Propolis ideology. At the same time, Ukrainians sought to uphold the right to open schools with their native language of instruction even in those areas where they were quantitatively prevailing. This was guaranteed to the Ukrainians by the Polish Constitution of 1921. (Articles 110-111), but in reality it was extremely difficult to achieve this. Even the opening of a Ukrainian private school required a lot of effort - only with the permission of the minister of religion and public education. Kremenets Gymnasium, as well as Lutsk, as well as Rivne (arose thanks to the "Enlightenment" of 1923), nourished the native language, professed Orthodox traditions, revered outstanding national figures, leaders of the nation. It is from this angle that the role of the Ukrainian Gymnasium in Kremenets is shown, along with similar gymnasia in Lutsk and Vinnitsa in the formation of the secular and spiritual national consciousness of the Ukrainian intelligentsia, who later worked on asserting the statehood, including in the UPA ranks, for the development of the Ukrainian national culture.

GENDER AND PUBLIC PARTICIPATION: A STUDY OF THE SWEDISH PUBLIC DEBATE ON THE NORD STREAM GAS PIPELINE FROM A GENDER PERSPECTIVE

2013 ◽  
Vol 15 (03) ◽  
pp. 1350016 ◽  
Author(s):  
MISSE WESTER ◽  
CAMILLA MÖRN
Keyword(s):  
Public Participation ◽  
Public Debate ◽  
Gas Pipeline ◽  
Survey Study ◽  
Gender Perspective ◽  
Men And Women ◽  
Negative View ◽  
Participatory Processes ◽  
Nord Stream

This article focuses on public participation in Sweden during the planning of the Nord Stream gas pipeline. The pipeline runs from Russia to Germany, and passes close to the Swedish island of Gotland. Results from a survey study conducted among 990 Swedish citizens, where 200 respondents are residents on the island of Gotland, reveal that there are differences between men and women in how risks with this project were perceived. More women than men expressed a desire for more participatory processes, even if they stated that they would not participate themselves. Women on Gotland expressed a more negative view of the gas pipeline and also perceived greater risks. Results indicate that public participation could have been better at addressing gender and regional specific needs.

Mediating international and domestic demands: mnemonic battles surrounding the monument to the fallen of the wars of the 1990s in Belgrade

2014 ◽  
Vol 42 (4) ◽  
pp. 655-673 ◽  
Author(s):  
Lea David
Keyword(s):  
International Relations ◽  
Political Elite ◽  
Nation State ◽  
Post Conflict ◽  
Dominant Actor

In this article I present a decade-long affair over the erection of the Monument in Belgrade to those killed in the wars of the 1990s where the official Serbian policy was to manage its contested past through cover ups and cultural reframing rather than public acknowledgement. I demonstrate here that, though the open competitions to erect a monument dedicated to the fallen of the wars of the 1990s were an opportunity to negotiate different mnemonic agendas, the ruling political elite, as the dominant actor, promoted Serbian victimhood as it meant to bridge gaps in the opposing domestic and international demands. I suggest here that the mnemonic battle in present-day Serbia proves to be an exemplary case of how a post-conflict nation state mediates its contested past when caught in the gap between the domestic demands and those of international relations.

scholarly journals FACTORS HINDERING PUBLIC ADMINISTRATION REFORM AND EU ACCESSION: CASE STUDY OF BOSNIA AND HERZEGOVINA

2021 ◽  
Vol 14 (2/2020) ◽  
pp. 79-98
Author(s):  
Sara Rajic
Keyword(s):  
Public Administration ◽  
Bosnia And Herzegovina ◽  
Political Elite ◽  
The European Union ◽  
Peace Agreement ◽  
Post Conflict ◽  
Legal Method ◽  
Public Administration Reform ◽  
The Government

Public administration represents operations and practice of the government through management, administration and implementation of government policies having in mind public interests and the society as a whole. However, analysis of the political system and public administration in Bosnia and Herzegovina (BIH) reveals that this definition is rather “modified” when it comes to the mentioned country. Even though public administration reform is one of the priorities for BIH, the reasons why it has not been more successful are post-conflict reconstruction and state building, unique political organisation as a result of a peace agreement, veto mechanisms and ethnic quotas which makes the consensus harder to achieve and delays adoption of important strategies. Even though political elite in BIH is committed to public administration reform and the key reform institutions have been established there is a lack of necessary knowledge and skills, competences and most importantly, political will. However, public administration reform definitely represents one of the key conditions for the future of BIH and its accession to the European Union (EU). Undoubtedly, public administration reform is a complex reform, and in this paper, the focus is on the case study of BIH by identifying its key issues on the way to the EU membership. This paper is based on analytical method with an explorative and descriptive purpose, comparative legal method, literature review method, and finally, synthesis of results, combined with professional insight and conclusions.

E-Planning and Public Participation

2014 ◽  
Vol 3 (2) ◽  
pp. 38-53 ◽  
Author(s):  
Mhairi Aitken
Keyword(s):  
Public Participation ◽  
Critical Reflection ◽  
Turn Of The Century ◽  
Planning Theory ◽  
Planning Systems ◽  
Participatory Processes ◽  
Planning Methods ◽  
Planning Processes ◽  
Opening Up ◽  
New Inequalities

The challenging nature of public participation in planning has been well-documented and there are frequent observations that this does not go far enough. Accordingly, since the turn of the century attention has turned to the ways in which public participation might be strengthened and improved through e-participation methods. This article aims to explore the extent to which e-planning methods address the long-standing challenges of traditional participation approaches. The article discusses some key themes within the planning theory literature relating to public participation and focusses on two important challenges which are summarised as: 1) Whose voices are heard within participatory processes, and how can less articulate voices be supported? And 2) Who controls participatory processes and to what extent, and in what ways can power be devolved to public participants? Developments in e-planning go some way to addressing these challenges; for example in opening up new channels for public participation and removing barriers to participation. However, e-planning certainly does not represent a panacea and requires critical reflection to ensure that it does not aggravate, rather than alleviate, these problems. For example, reliance on ICTs may risk leading to new inequalities in access to planning systems. Furthermore, questions relating to who participates, and who controls participation in planning processes remain relevant and pressing.

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