The Rule of Law and Authoritarian Rule: Legal Politics in Sudan

2016 ◽  
Vol 41 (02) ◽  
pp. 465-470 ◽  
Author(s):  
Sally Engle Merry
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Colonial Period ◽  
The Political ◽  
Authoritarian Rule ◽  
Simple Argument ◽  
The Rule Of Law ◽  
Authoritarian State ◽  
Democratic Rule ◽  
The Way

Does the rule of law guarantee peace and democracy, as so many people in the development and governance field believe? What are the historical and sociocultural conditions that shape the way rule of law mechanisms work in practice? Mark Massoud's monograph tracing the changing dimensions of the rule of law in Sudan from its colonial period to the present offers an important perspective on these questions, casting doubt on the simple argument that the rule of law produces democracy and peace. Instead, he shows how colonial and authoritarian rulers used the rule of law to consolidate power and legitimate their rule. In Law's Fragile State: Colonial, Authoritarian, and Humanitarian Legacies in Sudan, Massoud develops the concept of legal politics, arguing that the way the rule of law works varies with the political system in which it is embedded. He concludes that the forms of legal politics that reinforce the power and authority of legal institutions are more likely to sustain an authoritarian state than to bring democratic rule. His analysis is a valuable caution to those who promote the rule of law as the salvation for all. Taking a sociolegal perspective, he shows how it works in practice.

The State and the Rule of Law

1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The State ◽  
The Political ◽  
The Rule Of Law ◽  
The Law ◽  
Democratic Principles ◽  
Set Up ◽  
The One ◽  
Real Chance

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.

scholarly journals Argentina’s Politicized Bureaucracy: A Historical Analysis of Two Political Regimes

2018 ◽  
Vol 14 (2) ◽  
pp. 1-22 ◽  
Author(s):  
María Verónica Elías
Keyword(s):  
Rule Of Law ◽  
Historical Analysis ◽  
The Political ◽  
Political Regimes ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
Fair Treatment ◽  
History Of ◽  
Democratic Rule

This article employs the concept of “bureaucratic authoritarianism” (O’Donnell, 1978, 1988) to evaluate whether the character of Argentine bureaucracy has changed in the shift from dictatorial to democratic rule. A brief discussion about the political and administrative history of that country follows the characterization of bureaucratic authoritarianism in light of accountability and clientelism (Fox, 2000; Smulovitz & Peruzzotti, 2000, 2003). This article explores the possibility of bureaucratic legitimacy in Argentina through the enforcement of the rule of law, the system of checks and balances, and the fair treatment of citizens.

Cambodian legal gaps could hit economy and society

2016 ◽  
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Legal Reform ◽  
The Political ◽  
Social Unrest ◽  
Content Type ◽  
The Rule Of Law ◽  
Legal Reforms

Significance A spate of recent judiciary-related controversies is raising questions about the political system and the rule of law in Cambodia. Impacts Lack of confidence in the judiciary will probably trigger incidents of politicised social unrest. Ineffective legal reform could reduce investors' appetite for Cambodia. Inadequate legal reforms could cause Cambodian business disadvantage, for instance in ASEAN integration.

scholarly journals Instytucje i mechanizmy polskiego i ukraińskiego systemu politycznego. Analiza porównawcza

2018 ◽  
Vol 71 (1) ◽  
pp. 171-191
Author(s):  
Wojciech Sokół
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Political System ◽  
The Political ◽  
Democratic Values ◽  
Political Systems ◽  
The Rule Of Law ◽  
Political Rivalry ◽  
The Subject ◽  
The Republic

The aim of the study is to compare selected elements of the political systems of the Republic of Poland and Ukraine in both structural and functional terms. The subject of the study is the genesis and direction of systemic changes, the specifi city of governmental systems, mechanisms of political rivalry and its main actors, i.e. political parties. The analysis shows that systemic solutions in Poland were characterised by greater stability, attachment to the principles of the rule of law and democratic values. In the political system of Ukraine there was quite a large dynamic of change in this area. These changes were instrumental to a greater degree than in Poland and subordinated to preferences that were dominant in particular periods.

Local Elections in Independent Ukraine: The Case Study of Nikolayev*

2004 ◽  
Vol 32 (3) ◽  
pp. 551-563
Author(s):  
Olena Yatsunska
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Political System ◽  
Current Situation ◽  
The Political ◽  
Local Elections ◽  
The Rule Of Law

In the current situation of societal modernization and transformation of the political system of Ukraine, one of the most important problems facing the country is the formation of a system of local self-government that can act effectively. If this institution is not developed and strengthened, there can be no discussion of the establishment of democratic, social government, of the development of the rule of law, or of an expansion of the infrastructure of civil society.

Law in Asia: The Key Role of Law as a Productive Force for Development

2009 ◽  
Vol 2 (1) ◽  
Author(s):  
Klaus A. Ziegert
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Political System ◽  
The Political ◽  
Sociology Of Law ◽  
Legal Change ◽  
The Rule Of Law ◽  
Comparative Sociology ◽  
Local Populations ◽  
Structural Adaptability

The paper focuses on the potential of comparative sociology of law as an instrument for analysing the effective operation of law in society. This approach links normative and empirical approaches to legal research. Applying advanced sociological theory of law, the paper analyses how social and legal change affect development generally, and focuses the analysis on a comparative sample of countries along a geographical route linking Asia with Europe and vice versa, vaguely reminiscent of the historical Silk Roads on land and by sea.Sociological theory suggests analysing social and legal change from the perspective of the dynamics of the functional systems of world society rather than from a normative legal perspective which has individual territorial states and their national state law as a point of reference. The functional systems of world society, such as families (the family system), economics (the economic system), politics (the political system), civil society and law (the legal system) can be seen as both exerting stress on each other and adjusting to this stress by a structural change in local populations with sufficient structural adaptability towards a higher differentiation of all social structures.The rule of law emerges as a special pattern of this structural differentiation which compounds the structural adaptability of above all in the legal system and the political system world-wide. In turn, the rule of law is a condition for increasing the adaptive flexibility of social structures in local populations. The rule of law is, therefore, a crucial element in the on-going development of society. This pattern is not historically given once and for all. nor is it linked to particular forms of government and political systems. Understood in this way, the rule of law is not a normative political or constitutional wish-list but a social phenomenon which can provide comparative sociology of law with a useful set of indicators for describing the development of society and its law.

Introduction: Paradoxes of Democratization in Africa

1994 ◽  
Vol 37 (1) ◽  
pp. 1-8 ◽  
Author(s):  
Catharine Newbury
Keyword(s):  
Rule Of Law ◽  
Authoritarian Regimes ◽  
Sub Saharan Africa ◽  
Authoritarian Rule ◽  
The Rule Of Law ◽  
Lively Debate ◽  
Democratic Rule ◽  
Sub Saharan ◽  
Practical Implications

As demands for democracy have swept across the continent since 1989, dramatic change has affected states in sub-Saharan Africa. Frustrated by declining economies and the failures of incumbent governments, people from many different social strata have called for an end to authoritarian rule. Events in Eastern Europe have served as a catalyst, and donor pressures have sometimes acted to facilitate such movements; but the real impetus for change arises from internal struggles which have been incubating for several decades. In response, authoritarian states have moved to liberalize repressive structures, allow multiparty competition and move towards competitive elections. To many analysts such trends represent an important new departure that holds out promise for a more hopeful future. But others are less optimistic, noting the legacies of authoritarian systems and other structural obstacles to sustainable democratic rule. Whatever the outcome, the struggle for the future is now hotly contested.Meanwhile, these processes present a potent challenge for political and social analysis. Why are these demands for change occurring now? What is the role of institutional arrangements and groups in “civil society” in transitions from single-party authoritarian regimes towards multiparty systems? Who are the key actors and which groups are excluded? Do multiparty elections lead to greater tolerance, expanded participation, respect for the rule of law and more accountability? What is required to sustain democratic rule? These and other questions have spawned a lively debate among Africanists, a debate with important theoretical and practical implications.

Ways to promote a culture of citizenship in post-political Iraq

2019 ◽  
pp. 60
Author(s):  
Ahmed Sddam Idam
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The Political ◽  
Political Systems ◽  
Prominent Feature ◽  
Economic Rights ◽  
The Rule Of Law ◽  
The Common ◽  
Legal Frameworks ◽  
High Level

The promotion of a culture of citizenship - which reveals one of its meanings as embracing the members of society irrespective of religion, sect, ideology or nationalism - and embraces them in one common crucible - is one of the basic tasks of societies and political systems. Because their availability in any country indicates the extent and high level of social integration among its components, in the sense that the value of citizenship is the standard and the prominent feature that distinguishes this country from that. Societies that are divided and socially divided do not have the spirit of recognition of the other and hence lack of citizenship. The political system, which does not seek to assimilate the various groups and organize them in political and legal frameworks based on the rule of law and full political participation under the state of institutions and the recognition of civil, political and economic rights, Is also working to weaken the culture of citizenship. When talking about citizenship in the Iraqi situation, we find that it has been cracked by several reasons, some of them due to the policies of marginalization and marginalization adopted by the former political system towards society and thus created a culture of subjugation is unable to accommodate the colors of the community spectrum within the framework of the common homeland, The events of 9/4/2003 and the accompanying challenges have been obstacles to enhancing the culture of citizenship in post-political Iraq.

scholarly journals POLITICAL WILL AS A BASIS FOR THE FORMATION OF A LEGAL STATE DURING MIKHAIL GORBACHEV`s MANAGMENT PERIOD

2021 ◽  
pp. 25-31
Author(s):  
Ruslan FATIKHOV ◽  
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The Political ◽  
Mikhail Gorbachev ◽  
Political Will ◽  
The Rule Of Law ◽  
Socialist State ◽  
Factors Influencing

The article deals with topical issues of the formation and formation of the rule of law in the USSR during the reign of Mikhail Gorbachev. The article considers the factors influencing the process of transformation of the political system of the socialist state within the framework of the establishment of the rule of law. Special attention is paid to such a factor as the political will of the country's leader.

Punishing Bodies, Securing the Nation: How Rule of Law Can Legitimate the Urbane Authoritarian State

2011 ◽  
Vol 36 (04) ◽  
pp. 945-970 ◽  
Author(s):  
Jothie Rajah
Keyword(s):  
Corporal Punishment ◽  
Rule Of Law ◽  
Political Liberalism ◽  
Discourse Theory ◽  
Critical Discourse ◽  
Authoritarian Rule ◽  
The Rule Of Law ◽  
State Legitimacy ◽  
Authoritarian State ◽  
Close Analysis

Although authoritarian rule of law may seem an oxymoron, strategic reconfigurations of the “rule of law” can produce acceptance of law that observes procedure while erasing rights. By bringing into conjunction critical discourse theory and scholarship on the legal professions and political liberalism, this article shows how rulers can deploy rhetoric and legislation to produce derogations from the liberal content of rule of law while sustaining a state legitimacy built on claims to state realizations of rule of law. A close analysis of Singapore's Vandalism Act shows that silencing the critique of lawyers and constraining the power of judges has been crucial to a legitimation of the surveillance and criminalization of dissenters. The consolidation of state power effected via law and discourse might be seen as making the nation a notional panopticon—corporal punishment, even if conducted behind prison walls, becomes instructive public spectacle conveying the state's seeming omniscience and monopolistic command of law.

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