Search results for: constitutional democracy

Authors: Jyoti Sharma

Abstract:

India and Pakistan are two strategically important neighboring countries in Asia-Pacific region. Since independence of more than six decades, both, India and Pakistan have transverse different paths, India as a Sovereign, Democratic, Republic Country and Pakistan as Islamic Republic of Pakistan. The advent of democracy in India and Islamic republic in Pakistan resulted in new hopes, aspirations and demands on education. During the six decades after Independence, teacher education in both countries has come a long way from its initial bleak stature to gain an identity as a complex network of institutions and programs. The present paper takes a close look into the paradigm shift in teacher education programs in India and Pakistan and how much the shift is influenced by constitutional frameworks of each country.

Keywords: pre-service teachers, teacher education reforms, India, Pakistan

Procedia PDF Downloads 698

Authors: Serges Djoyou Kamga, Gerard Emmanuel Kamdem Kamga

Abstract:

Any serious constitutionalism entails a system of government characterised by the separation of powers between the executive, the legislature, and the judiciary. The latter is generally in charge of upholding the rule of law and the respect for human rights which are vital for the functioning of any democracy. Therefore, for the judiciary to play its role as a watchdog, it should be independent from other branches of government. The aim of this paper is to examine the independence of the judiciary in South Africa after 20 of democracy. Defining judicial independence as the courts’ ability ‘to decide cases on the basis of established law and the merits of the case, without interference from other political or governmental agents’, the paper examines the extent to which the South African judiciary is independent after twenty years of democracy. As part of assessing the independence of the judiciary, the paper begins by looking at the situation during apartheid, then proceeds with an examination of the post-apartheid legal order. It also examines the institutional independence of the judiciary by looking into its day to day activities which revolve around its self-governance, or administrative and financial independence. In addition, the paper assesses the judges’ individual independence by examining whether judicial appointment, security of tenure, judges’ remuneration and disciplinary actions and the removal of judges from office do not contain loopholes that can hinder judicial independence. Ultimately, the chapter argues that although the South African model of judicial independence is yet to be perfect, it is a good practice that can be emulated by other African countries.

Keywords: judical independence, South Africa, democracy, separation of powers

Procedia PDF Downloads 390

Authors: Yen-An Tsai, Ching-Ling Lin, Jia-Woei Hou, Mei-Lien Chen

Abstract:

Endocrine-disrupting chemicals (EDCs) adversely affect the endocrine system. Phthalates, also called phthalic acid esters (PAEs), are manmade chemicals that are used as stabilizing agents in personal care products such as perfumes, lotions, and cosmetics. The aim was to explore whether PAEs exposure was associated with central precocious puberty (CPP) or constitutional delays in growth (CDGP). This case-control study included 48 female with CPP, 37 male with constitutional delays in growth, and 127 normal children and was conducted from December 2011 to August 2014. All participants completed a structured questionnaire regarding socio-demographic characteristics, lifestyle, and secondary sexual characteristics. The analytical method was based on ultra performance liquid chromatography-tandem mass spectrometry (UPLC-MS/MS) with isotope dilution for the quantitative detection of several phthalate metabolites in human urine. The risk of CPP with mep, mnbp, LMW >50th percentile were higher than those with 50th percentile were higher than those with <50 percentile in model 2. In model 1, we only found higher CDGP risk in mep, mnbp, and ΣPAEs. It shows that high phthalate exposure may associate with CDGP. In this case-control study, we found PAEs exposure was associated with central precocious puberty (CPP) or constitutional delays in growth.

Keywords: phthalates, puberty, delays, growth

Procedia PDF Downloads 166

Authors: Shaho Ghafur Ahmed

Abstract:

The right to self-determination of peoples is a fundamental human right recognized by the principles of international law. It could be embodied in the internal level in the form of federalism. Most federal constitutions prevented the secession of constituent entities, while some remained silent, as the case of Iraq, and rare instances of them recognize it. But, after the failure of federalism, these entities seek to separate whenever the opportunity arises. In several cases, they have resort to peaceful methods in some others they resort to force. The constitutional Supreme Court, which guaranty the unity and integrity of the State, often prevent these attempts. After not a commitment of federalism in Iraq, which has been founded since 2004, the Kurdistan region, as the only federated entity, has conducted a unilateral referendum on 25 September 2017 for its independence. The Iraqi government refused it. The Iraqi Federal Supreme Court, through interpreting the constitutional provisions, decided that this referendum and it’s purposes, which was the independence of the region, was unconstitutional. Subsequently, the Iraqi government used forces and blockaded the region so as to force it to turn off this process. So, in this paper, the right to self-determination of the peoples in federated entities and its obstacles will be discussed through the comparative legal basis and analyzing the decisions of the Federal Constitutional Courts. We will compare the role that the Supreme Court of Canada played regarding the referendum that operated in Quebec in 1995, in which it refused only the unilaterally attempts for the independence of this province. While, in the case of the Kurdistan region, the Iraqi Federal Supreme Court has definitively refused this right. No measures were taken by this Court to protect the region from the Iraqi government reactions. This decision led to the questioning of the neutrality of this Court. So, from the point of view of the Kurdistan region, this Court became a political instrument to prevent it to be independent in the international community, in the absence of a clear constitutional provision, through an abstract and an incomplete interpretation of federal constitutional provisions.

Keywords: right of self-determination, federal supreme court, supremacy of federal constitution

Procedia PDF Downloads 146

Authors: Samuel Pimpong

Abstract:

In most liberal and constitutional democracies, the media serves as a dominant power in the construction of the fundamental building blocks for the consolidation of democratic governance. However, the extent to which the media can enhance democratic consolidation in a country depends to a large extent on the independence of the media, the robustness of legislative frameworks and the safety of journalists in discharging their duties without fear or favor. This study sought to examine pertinent issues, practices and challenges facing the media in Ghana’s Fourth Republic and attempts to make recommendations regarding the way forward. The work adopted a qualitative study approach. A total of sixteen (16) participants were purposively selected for face-to-face interviews. The study hinges on the democratic participant media theory and the development media theory. Primary data was analyzed via thematic analysis procedure. The study revealed that although Ghana has repealed its criminal libel laws, nonetheless other statutory Acts, such as the Electronic Communications Act 2008 (ACT 775) and the Criminal and other offences Act 1960 (Act 29), among others continue to stifle freedom of expression. On the other hand, press freedom is being abused by the use of fake content publication. Further, the study revealed that the absence of a comprehensive regulatory structure impedes the activities carried out by the media. Consequently, the study recommends a regulatory structure to oversee media activities and content, as the National Media Commission (NMC) lacks the authority to do so. In this direction, the study recommends a limitation on the role of the National Communications Authority (NCA) to administer broadcasting signals and transfer its licensing and sanctioning powers to the NMC in order to create one sole and completely independent media regulatory authority that deals with all media related issues.

Keywords: media, constitutional democracy, democratic consolidation, fourth republic

Procedia PDF Downloads 50

Authors: Agnieszka Szczudlińska-Kanoś

Abstract:

Nowadays the participation of citizens in public life increasingly effect on management at all levels of public authority. Today, however, democratic systems in many countries, also in Poland, based on the first - on the institutions of representative democracy, which is mainly on elections, party activity, on the other hand - on the basic instruments of direct democracy, which, in particular, we can include a referendum or initiative of citizenship - although these are often rather complementary. Other forms of participatory democracy, such as deliberative democracy, participatory budgeting, public consultation in practice in many countries are still rare. Appropriate use of the potential invested in participatory democracy can bring enormous and multilateral benefits. On the one hand, local and regional communities taking an active part in public life express their needs, point out problems and thus affect the decisions of public authorities. Authorities using knowledge acquired from the citizens also implement the policy tailored to their needs, thus obtaining support in the next election. The purpose of this study is to show how the Polish citizens affect to resolve issues of social policy pursued at different levels of government. This problem is very important because today the observed changes seen in virtually all fields of life create new social problems, which nowadays are no longer only the problems of the region, the country but they are international, global issues. From such this perspective we should talk about them, discuss, try to solve at all levels. Article will be useful not only theorists involved in the management of the public, local government, or social but also practitioners - local government acting as their functions at different levels of government. Conclusions drawn from the publication will also be useful to politicians and those directly affecting for: functioning social security systems, the scope and quality of public services and the overall shape of the contemporary social policy in different countries.

Keywords: social policy, local government, social participation, social services

Procedia PDF Downloads 259

Authors: Adekunle Saheed Ajisebiyawo

Abstract:

This paper examines the influence of identity politics on the development of electoral democracy in Nigeria. The paper was anchored on a theory of African democracy adopted the qualitative methodology and deployed data from secondary sources to evaluate the 2023 presidential election, and found that ethnicity, religion, and regional sentiments played a major role in the election. The practical implications of this paper are that while Nigeria’s democracy is tending towards consolidation, if the unexpected does not happen, e.g., military takeover, religious and ethnic identities can mar the country’s development as competent candidates that have good policies will be voted out based on religious and ethnic sentiments. Thus, there is a need to de-emphasize religion and ethnicity in the Nigerian polity. Candidates and parties that campaign based on racial or religious narratives should be barred from contesting elective positions. The paper concluded that identity politics is inimical to Nigeria’s democratization process as well as efforts aimed at uniting and integrating the country; it, therefore, recommended that to establish a sound electoral democracy and a strong united country, the menace of ethnic, religious, and regional cleavages should be addressed. To achieve this, efforts should be intensified towards providing a set of principles for nation-building which should be included in the constitution. In addition, the paper urges the media to support the formation of an inclusive government, cutting across tribes and religions in the country to reduce the negative impact of ethnicity and religion in the country.

Keywords: cleavages, democracy, ethnicity, election, identity politics, religion

Procedia PDF Downloads 31

Authors: Inka Maria Vilhelmiina Hiltunen

Abstract:

The crisis of liberal democracy has been recognized from many sites of political literature; scholars of Marxist critical political economy and deliberative democracy, as well as critics of neoliberalism, have become concerned about how either the rise of populism and authoritarianism, institutional decline or the overarching economic rationality erode political democratic citizenship in favor of economic technocracy or conservative protectionism. However, even if these bodies of literature recognize the generalized crisis that haunts Western democracies, dialogue between them has been very limited. That said, drawing from contemporary Marxist perspectives, this article aims at bridging the gap between the criticism of neoliberalism and theories of deliberative democracy. The first section starts by outlining what is meant by neoliberalism, liberal democracy, and the crisis of liberal democracy. The next section explores how contemporary capitalism acts upon society and transforms it. It introduces Jurgen Habermas’ thesis of the ‘colonization of the lifeworld’, Wendy Brown’s analysis of neoliberal rationality and Étienne Balibar’s concepts of ‘absolute capitalism’ and ‘total subsumption,’ that the essay aims at connecting in the last section. The third section is concerned with the deliberative democratic theory and practice. The section highlights the qualitative socio-political impacts of deliberation, as predicted by theorists and shown by empirical studies. The last section draws from contemporary Marxist perspectives to examine the question if deliberative democratic theories and practices can resolve the crisis of liberal democracy in the current financially driven era of neoliberal capitalism. By asking this question, the essay aims to consider what is required to reverse the current global trend of rising inequality. If liberal democracy has declined towards commodified and reactionary forms of politics and if ‘market rationality’ has shaped social agency to the extent that politicians and the public struggle to imagine ‘any alternatives’, the most urgent political task is to bring to life a new political imagination based on democratic ideals of equality, inclusivity, reciprocity, and solidarity, that thereby enables the revision of the transnational institutional design. This part focuses on the hegemonic role of finance and money. The essay concludes by stating that the implementation of substantive global democracy must start from the dissolution of the hegemony of finance, centered on U.S., and from the remaking of the conditions of socioeconomic reproduction world-wide. However, given the still present overarching neoliberal status quo, the essay is skeptical of the ideological feasibility of this remaking.

Keywords: deliberative democracy, criticism of neoliberalism, marxist political economy, crisis of liberal democracy

Procedia PDF Downloads 86

Authors: Felix O. Akinboyewa

Abstract:

To say that Nigeria is faced with the problem of domestic terrorism is to say the obvious. The spate of political assassination during the fourth republic (1999-2010) is representative of what has become a growing trend. In this research, an attempt was made to examine the problems of political assassination within the context of significant categories of domestic-related terrorism in Nigeria Democracy. The central questions are: What exactly are the nature of political violence and terrorist act in the Nigeria nascent democracy? Was there any factor responsible for the politics of violence and terrorist act in the Nigeria democracy? What implications can the political violence and terrorist act have on democratic consolidation, national peace, and security? What solutions can be proffered to eradicate terrorist act and political violence in the Nigeria democracy? The study adopted a descriptive survey design which falls within the empirical research methodology. The sample size of the study consisted of 220 subjects randomly selected. The main instruments used were questionnaire and interview schedule. Data generated from the study were analyzed using descriptive statistics such as percentage and tables. The research findings showed that unemployed youths and the members of Nigeria Union of Road Transport Workers (NURTW) were the major actors in political violence in Nigeria. They have access to weapons and ammunitions which they use to terrorize the populace. The research showed that factors responsible for the political violence and terrorism in Nigeria are: poor electoral administration; election rigging; poor security system; religious and ethnic sentiment; problems of poverty and unemployment; over-exuberance and low level of education. The study also showed that electoral violence affects smooth running democracy in Nigeria. On the measures to be taken to eradicate political violence and terrorism in Nigeria, the research showed that provision of employment opportunities would go a long way to solving the problem. Civil society as an important institution can help to reduce incidence of political violence in Nigeria. Also, government has greater role to play. The study concludes that adherence to the proffered suggestions would reduce the level of political violence and terrorist act in Nigeria.

Keywords: consolidation, democracy, peace, security, terrorism, violence

Procedia PDF Downloads 103

Authors: Najmuddin Najmuddin

Abstract:

The purpose of this study is to determine whether media usage and change of citizenship norms influence political participation. The focus of this study is to examine citizenship norms in the context of the development of information, and communication technology and how it will impact political participation in the context of Indonesia's transition to democracy. The study use survey method. The main theoretical framework is media and political participation. The results of this study reveal that gender, age and educational background of the respondents did not influence significantly media usage and citizenship norms. The Results also show that educational background is not a factor that distinguishes media usage but it becomes differentiating factor in citizenship norms. The results further show that the media usage has a significant correlation with citizenship norms and citizenship norms has a significant relationship with political participation. In addition, media usage and citizenship norms impact significantly to political participation. The sub-dimensions of citizenship norms (compliance, duty, and engaged citizen) provides a significant contribution to the sub-dimensions of political participation (traditional political participation, modern political participation, civic political participation). Based on the findings it can be concluded that the political euphoria in the era of transition to democracy has changed pattern media usage and citizenship norms of among the young generation.

Keywords: media, citizenship, norms, political, participation, democracy

Procedia PDF Downloads 324

Authors: Gloria Ebere Amadi, Emeka Promise Ugwunwotti

Abstract:

The study was carried out to determine the strategies for managing fake news for sustainable democracy in Enugu State, Nigeria. Two research questions and two null hypotheses guided the study. A survey research design was used for the study. The population for the study consisted of 100 respondents (from Enugu state House of Assembly). Of the entire population, 24 elected law makers and 76 staff were used; hence there was no sampling since the population was manageable. A 28-item structured questionnaire developed by the researcher was used for data collection. The instrument entitled Managing Fake News Questionnaire (MFNQ) was validated by three experts, two from the Department of Computer Science and one from the Department of Maths and Statistics, all from Enugu State University of Science and Technology. Cronbach Alpha was used to determine the reliability coefficient of the two sections of the instrument, and they are 0.67 and 0.82, while the reliability coefficient of the whole instrument gave a value of 0.81. Mean with standard deviation was used to answer research questions, while the null hypotheses at 0.5 level of significance at 98 degrees of freedom were tested with a t-test. The findings of the study revealed that the respondents agreed that government and citizens-related strategies improve the management of fake news for sustainable democracy in Enugu State. Again, there was no significant difference between the mean response of the lawmakers and staff on government and citizens-related strategies for managing fake news for sustainable democracy in Enugu State. Based on the findings, it was recommended, among others, that there should be regular workshops on the management of fake news for citizens.

Keywords: fake news, sustainability, democracy, management

Procedia PDF Downloads 49

Authors: Oluwasaanmi Lawrence Adesuyi, Igbekoyi Kayode Emmanuel

Abstract:

This study examined vote - commercialization during elections among the voters in Nigeria, a series of elections in Ekiti State, Southwestern Nigeria. Democracy in Nigeria that came to replace the unwanted ruling and dictating mission of the military government has been facing a societal terror “crime of votes commercialization” that stands in jeopardy against its sustainability in Nigeria. Social exchange and action-bound theories were employed as the theoretical framework. Forty-Eight in-depth interviews, key informant interviews, and case studies were conducted with purposively selected respondents in the three senatorial districts that captured the sixteen local governments of the state. The results show that really commercialization of votes has become the order of the day in all series of electioneering among Ekiti people. Also, it was recorded that true democracy is no longer allowed to triumph as a result of vote buying that allows the highest bidder to be the winner. The result also shows that this attitude is not limited to only one political party or one candidate but involved all the political parties that participated in Election. It has become a frequent idea among the electorates during every festive period of election in Ekiti State. The tyrannical attitude has been given a nickname to suit the conditional situation of votes commercialization - (Diboki o se obe), which means vote and have a pot of soup, this implies that you will get money to take care of yourself and the family when you vote and collect money on the vote you cast, notwithstanding the money is being collected from all candidates that participated in the election, but the highest bidder has the day. The main challenge this has on democracy is that the contestants challenge the result of the election results based on the act of vote commercialization. Also, those that bought people’s votes with a huge amount of money relent on their democratic promises. The study showed that the crime of vote commercialization that threatens democracy must be addressed for sustainability.

Keywords: crime, democracy, jeopardy, military, sustainability, votes-commercialization

Procedia PDF Downloads 64

Authors: Çisem Gündüz Arabacı

Abstract:

Deliberation has been seen one of the most important components of democratic ideals especially since liberal democratic attributions have been under fire. Deliberative democracy advocates that people should participate in collective decision-making processes by other mechanisms rather than conventional ones in order to reach legitimate decisions. Deliberative democratic theory makes emphasis on deliberative communication between people and encourages them not to merely express their political opinions (through surveys and referendum) but to form those opinions through public debates. This paper focuses on deliberative democratic visions of Gezi Park Public Forums by taking deliberative democracy as theoretical basis and examining Gezi Park Public Forums in the light of core elements of deliberative democracy. Gezi Movement started on 28 May 2013 in İstanbul as a reaction to local government's revision plans for Taksim Gezi Park, spread throughout the country and created new zones in public sphere which are called Public Park Forums. During the summer of 2013, especially in İstanbul but also in other cities, people gathered in public parks, discussed and took collective decisions concerning actions which they will take. It is worth to mention that since 3 and half years some Public Park Forums are still continuing their meetings regularly in city of İzmir. This paper analyzes four 'Public Park Forums' in İzmir which are called Bornova Public Forum; Karşıyaka Public Forum, Foça Public Forum and Güzelyalı Public Forum. These Forums are under investigation in terms of their understanding of democracy and the values that support that understanding. Participant observation and in-depth interview methods are being used as research methods. Core element of deliberative democracy are being collected under three main category: common interest versus private interest, membership, rational argument and these values are being questioning within one of each Forum in order to draw an overall picture and also make comparison between them. Discourse analysis is being used in order to examine empirical data and paper aims to reveal how participants of public forums perceive deliberative democratic values and whether they give weight to these values.

Keywords: deliberative democracy, Gezi Park movement, public forums, social movement

Procedia PDF Downloads 296

Authors: John Ibanga

Abstract:

Since May 1999, when Nigeria returned to uninterrupted democratic rule, there have been various attempts by successive governments at committing themselves to democratic ideals. Such efforts include a revision of communication policies after repeated calls by civil society organisations, development partners, researchers, and academics to allow not only the commencement of campus radio broadcasting but also the takeoff of community radio broadcasting. Thus, in 2015, operating licenses were granted to several communities spread across the six geopolitical zones in the country for the establishment of community radio stations culminating in the establishment of the first community radio in Nigeria on July 17, 2015. And, since citizens’ involvement in policy matters and governance is one of the tenets of participatory democracy, it becomes imperative to investigate how the emerging community radio sector in Nigeria is facilitating participatory democracy among Nigerians, even in the face of attempts by the present government to silence all dissenting voices. This study, therefore, examines how residents in Ondo State, Southwest Nigeria, are utilising programmes on Ejule Nen and Kakaaki community radio stations in Ondo State, Nigeria, to deepen participatory democracy. Much of the existing studies on the role of community radio in participatory democracy and citizens' engagement efforts miss out on Nigeria because of the delayed implementation of community radio policy in Nigeria being Africa’s most populous nation as well as a major player in the affairs of the African continent. While the participatory communication and communication infrastructure theories were used as framework, data were collected from in-depth interviews with staff of the community radio station and community leaders, focus group discussions with the community residents, and qualitative content analysis of programmes on the station. The residents used the community radio stations as platforms for demanding accountability from government, mobilising resources for the execution of a number of community projects, promoting credible electoral practices, and influencing the implementation of free education policy in their communities. Hence the community radio stations became the reliable and authoritative voices of residents for participating in the public sphere and, generally, the democratic process.

Keywords: community, community radio, democracy, participatory democracy

Procedia PDF Downloads 101

Authors: Simont Toussi

Abstract:

Cameroon and the Central African Republic arebound by the provisions of many regional and international charters, which condemn the manipulation of information, obstacles to access reliable information, or the limitation of freedoms of expression and opinion. These two countries also have constitutional guarantees for free speech and access to true and liable information. However, they are yet to define specific policies and regulations for access to information, disinformation, or misinformation. Yet, certain countries’ laws and regulations related to information and communication technologies, to criminal procedures, to terrorism, or intelligence services contain provisions that rather hider human rights by condemning false information. Like many other African countries, Cameroon and the Central African Republic face a profound democratic regression, and governments use multiple methods to stifle online discourse and digital rights. Despite the increased uptake of digital tools for political participation, there is a lack of interactivity and adoption of these tools. This enables a scarcity of information and creates room for the spreading of disinformation in the public space, hamperingdemocracy and the respect for human rights. This research aims to analyse the adequacy of stakeholders’ responses to disinformation in Cameroon and the Central African Republic in periods of political contestation, such as elections and anti-government protests, to highlight the nature, perpetrators, strategies, and channels of disinformation, as well as its effects on democratic actors, including civil society, bloggers, government critics, activists, and other human rights defenders. The study follows a qualitative method with literature review, content analysis, andkey informant’sinterviews with stakeholders’ representatives, emphasized crowdsourcing as a data and information collecting method in the two countries.

Keywords: disinformation, democracy, political manipulation, social media, media, fake news, central Africa, cameroon, misinformation, free speech

Procedia PDF Downloads 87

Authors: Nirmala Gopal, Sheetal Bhoola, Audecious Mugwagwa

Abstract:

This paper discusses the continued infringement and exploitation of data by non-state actors for destructive purposes, emphasizing radical terrorist organizations. It will discuss how terrorist organizations access and use data to foster their nefarious agendas. It further examines how cybersecurity, designed as a tool to curb data exploitation, is ineffective in raising global citizens' concerns about how their data can be kept safe and used for its acquired purpose. The study interrogates several policies and data protection instruments, such as the Data Protection Act, Cyber Security Policies, Protection of Personal Information(PPI) and General Data Protection Regulations (GDPR), to understand data use and storage in democratic states. The study outcomes point to the fact that international cybersecurity and cybercrime legislation, policies, and conventions have not curbed violations of data access and use by radical terrorist groups. The study recommends ways to enhance cybersecurity and reduce cyber risks using democratic principles.

Keywords: cybersecurity, data exploitation, terrorist organizations, data democracy

Procedia PDF Downloads 178

Authors: Eleni Volonaki

Abstract:

In Athenian forensic speeches, the argumentation on punishment of the wrongdoers constitutes a fundamental ideal of exacting justice in court. The present paper explores the variation of approaches to punishment as a means of reformation, revenge, correction, education, example, chance to restoration of justice. As it will be shown, all these approaches reflect the social and political ideology of Athenian justice in the classical period and enhances the role of the courts and the importance of rhetoric in the process of decision-making. Punishment entails a wide range of penalties but also of ideological principles related to the Athenian constitution of democracy.

Keywords: punishment, athenian forensic speeches, justice, athenian democracy

Procedia PDF Downloads 167

Authors: Samaila Liman Gamba

Abstract:

This paper discussed the importance of good governance and its impact on the socio-economic and political development of African countries and, conversely, its underdevelopment and consequent stagnation. The study employed the use of quantitative and descriptive methods of collecting secondary data. The system analysis approach was also adopted as the theoretical framework. It is a global system, but it is also used to analyze the place of regions and single states within it. The study showed that political leadership in Africa based on empirical observation and documented evidence since the hard-won political independence from colonial Europe has become one of Africa’s sources of problems confronting the states and their resources became the primary purpose of political contestation and the establishment of a political culture based on ethnicity and authoritarian pattern of governance. The solution is for African leaders to learn and imbibe the leadership qualities of the late Nelson Mandela, Nyerere and Kwame Nkrumah, who carried their citizens along and were devoid of ethnicity and personal aggrandizement. They sacrificed their lives for their countrymen and fought against imperialism and are counted as patriots.

Keywords: political leadership, African development, constitutional democracy, power and resource control

Procedia PDF Downloads 42

Authors: Yrfet Shkreli

Abstract:

To determine the content of human rights norms in national constitutions, international law - in the form of treaties, declarations and case law from international monitoring bodies, and comparative case law from other countries - is often discussed in the judgments of domestic courts. This paper explores the extent to which international law has influenced domestic human rights case law in Africa. The paper first explores how the human rights provisions of African constitutions came into being before turning to the role played by international law in the constitutional order of various African states and how treaties, declarations and findings of international monitoring bodies have been used in African countries to interpret and expand on constitutional human rights provisions.

Keywords: European Union, global governance, globalization, normative power

Procedia PDF Downloads 346

Authors: Hajnalka Szarvas

Abstract:

The research examines the effectiveness of e-participation tools and methods from a point of view of cultural fitting to the Hungarian community traditions. Participation can have very different meanings depending on the local cultural and historical traditions, experiences of the certain societies. Generally when it is about e-democracy or e-participation tools most of the researches are dealing with its technological sides and novelties, but there is not much said about the cultural and social context of the different platforms. However from the perspective of their success it would be essential to look at the human factor too, the actual users, how the certain DMS or any online platform is fitting to the way of thought, the way of functioning of the certain society. Therefore the paper will explore that to what extent the different online platforms like Loomio, Democracy OS, Your Priorities EVoks, Populus, miutcank.hu, Liquid Democracy, Brain Bar Budapest Lab are compatible with the Hungarian mental structures and community traditions, the contents of collective mind about community functioning. As a result the influence of cultural embeddedness of the logic of e-participation development tools on success of these methods will be clearly seen. Furthermore the most crucial factors in general which determine the efficiency of e-participation development tools in Hungary will be demonstrated.

Keywords: cultural embeddedness, e-participation, local community traditions, mental structures

Procedia PDF Downloads 274

Authors: Shahid Imran

Abstract:

'Mediatization' has influenced the politics by shaping and transforming the attitudes and practices of political actors. It is a serious challenge to democracy in today’s era. This study aims to analyze the dynamics of media politics interplay in Pakistan and the contextual factors which govern this interplay. It will also address the perceived influence of media on the practices of politicians from the perspectives of the actors. The objectives have been achieved qualitatively through Interpretive Phenomenological Analysis (IPA). The phenomenological data have been collected using semi-structured interviews of journalists and politicians of Pakistan. The findings depict that politics in Pakistan is more driven by media logic than political or democratic logic. Media and politics have a ‘Tom and Jerry’ relationship. Political ecology is highly media-induced: politicians strategically adopt and adapt the media logic to be in the ‘media spotlight’; journalists, on the other hands, do not practice ‘fair journalism rather a more politically parallelized. The mediatized political communication behaviours of the actors are the undermining the public service logic and affecting the spirit of democracy in Pakistan. The study offers some valued implications for media, politicians and policy makers.

Keywords: medialization, media logic, politics, political logic

Procedia PDF Downloads 198

Authors: Chloe Fauchon

Abstract:

In Europe, the right to a fair trial is enshrined in the European Convention on Human Rights, signed in 1950, in its famous Article 6, and, in the field of the European Union, in Article 47 of the Charter of Fundamental Rights, binding since 2009. The right to a fair trial is, therefore, a fundamental right protected by all the relevant treaties. The right to a fair trial is an "umbrella right" which encompasses various sub-rights and principles. Although this right applies in all the proceedings, it gets a special relevance in criminal matters and, particularly, regarding the defendant. In criminal proceedings, the parties are not equal: the accusation is represented by a State-organ, with specific prerogatives, and the defense does not benefit from these specific powers and is often inexperienced in criminal law. Equality of arms, and consequently the right to a fair trial, needs some specific mechanisms to be effective in criminal proceedings. For instance, the defendant benefits from some procedural rights, such as the right to a lawyer, the right to be informed of the charges against them, the right to confront witnesses, and so on. These rights aim to give the defendant the tools to dispute the accusation. The role of the defense is, therefore, very important in criminal matters to avoid unjustified convictions. This specificity of criminal matters justifies that the focus will be put on them during this study. Then this paper will also focus on French and Spanish legal orders. Indeed, if the European Court and Convention on Human Rights are the most famous instruments to protect the right to a fair trial, this right is also guaranteed at a constitutional level in European national legal orders in Europe. However, this enshrinement differs from one country to the other: for instance, in Spain, the right to a fair trial is protected explicitly by the 1978 constitutional text, whereas, in France, it is more of a case-law construction. Nevertheless, this difference between both legal orders does not imply huge variations in the substantive aspect of the right to a fair trial. This can be specifically explained by the submission of both States to the European Convention on Human Rights. This work aims to show that, although the French and Spanish legal orders differ in the way they protect the right to a fair trial, this right eventually has the same substantive meaning in both legal orders.

Keywords: right to a fair trial, constitutional law, French law, Spanish law, European Court of Human Rights

Procedia PDF Downloads 44

Authors: Vahid Asadzadeh, Amin Ataee

Abstract:

Since the advent of social media, there has been a wave of optimism among researchers and civic activists about the influence of virtual networks on the democratization process, which has gradually waned. One of the lesser-known concerns is how to increase the possibility of hearing the voices of different minorities. According to the theory of media logic, the media, using their technological capabilities, act as a structure through which events and ideas are interpreted. Social media, through the use of the learning machine and the use of algorithms, has formed a kind of structure in which the voices of minorities and less popular topics are lost among the commotion of the trends. In fact, the recommended systems and algorithms used in social media are designed to help promote trends and make popular content more popular, and content that belongs to minorities is constantly marginalized. As social networks gradually play a more active role in politics, the possibility of freely participating in the reproduction and reinterpretation of structures in general and political structures in particular (as Laclau‎ and Mouffe had in mind‎) can be considered as criteria to democracy in action. The point is that the media logic of virtual networks is shaped by the rule and even the tyranny of the majority, and this logic does not make it possible to design a self-foundation and self-revolutionary model of democracy. In other words, today's social networks, though seemingly full of variety But they are governed by the logic of homogeneity, and they do not have the possibility of multiplicity as is the case in immanent radical democracies (influenced by Gilles Deleuze). However, with the emergence and increasing popularity of Clubhouse as a new social media, there seems to be a shift in the social media space, and that is the diminishing role of algorithms and systems reconditioners as content delivery interfaces. This has led to the fact that in the Clubhouse, the voices of minorities are better heard, and the diversity of political tendencies manifests itself better. The purpose of this article is to show, first, how social networks serve the elimination of minorities in general, and second, to argue that the media logic of social networks must adapt to new interpretations of democracy that give more space to minorities and human rights. Finally, this article will show how the Clubhouse serves the new interpretations of democracy at least in a minimal way. To achieve the mentioned goals, in this article by a descriptive-analytical method, first, the relation between media logic and postmodern democracy will be inquired. The political economy popularity in social media and its conflict with democracy will be discussed. Finally, it will be explored how the Clubhouse provides a new horizon for the concepts embodied in radical democracy, a horizon that more effectively serves the rights of minorities and human rights in general.

Keywords: algorithmic tyranny, Clubhouse, minority rights, radical democracy, social media

Procedia PDF Downloads 130

Authors: Ali Zaimi

Abstract:

Citizen participation in local government is an opportunity given to citizens and government to increase communication between them, create public support for local government plans and most important grow public trust in government. Also, the citizens’ involvement in the political process is an important part of democracy. This study aims to define the strategies for increasing citizen participation in local governance and concentrated in two important mechanisms such as participatory budget and public policy councils. Three strategies that promote more effective citizen involvement in local governance are understanding and using formal institutions of power, collaboration of citizens’ groups and governments officials to jointly formulate programs plans, electing and appointing local officials. A unique aspect of citizen participation to operate effectively is the transparency of government and the inclusion of actors into decision-making. The citizen engagement in local governance enhances accountability and problem solving, promote more inclusive and cohesive communities and enlarge the quality and quantity of initiatives made by communities.

Keywords: accountability, citizen participation, democracy, government

Procedia PDF Downloads 244

Authors: Liav Orgad

Abstract:

This article challenges one of the most fundamental propositions in the democratic theory that the majority culture is protected merely by the forces of democracy and thus needs no special legal protection. By describing changes in the patterns of migration to Europe, in the face of the European society, and in the world as a whole, the Article demonstrates that the majority culture is no longer automatically protected by the forces of democracy. It claims that the changing reality is not adequately addressed by political theory and human rights law and advances the promotion of a new concept—'cultural majority rights'.

Keywords: European migration, European demography, democratic theory, majority rights, integration

Procedia PDF Downloads 380

Authors: Laura Çami (Vorpsi), Xhon Skënderi

Abstract:

In today's rapidly evolving technological landscape, the traditional principles of contract law are facing significant challenges. The emergence of new technologies, such as electronic signatures, smart contracts, and online dispute resolution mechanisms, is transforming the way contracts are formed, interpreted, and enforced. This paper examines the implications of these technological advancements on the constitutional principles of contract law. One of the fundamental principles of contract law is freedom of contract, which ensures that parties have the autonomy to negotiate and enter into contracts as they see fit. However, the use of technology in the contracting process has the potential to disrupt this principle. For example, online platforms and marketplaces often offer standard-form contracts, which may not reflect the specific needs or interests of individual parties. This raises questions about the equality of bargaining power between parties and the extent to which parties are truly free to negotiate the terms of their contracts. Another important principle of contract law is the requirement of consideration, which requires that each party receives something of value in exchange for their promise. The use of digital assets, such as cryptocurrencies, has created new challenges in determining what constitutes valuable consideration in a contract. Due to the ambiguity in this area, disagreements about the legality and enforceability of such contracts may arise. Furthermore, the use of technology in dispute resolution mechanisms, such as online arbitration and mediation, may raise concerns about due process and access to justice. The use of algorithms and artificial intelligence to determine the outcome of disputes may also raise questions about the impartiality and fairness of the process. Finally, it should be noted that there are many different and complex effects of technical improvements on the fundamental constitutional foundations of contract law. As technology continues to evolve, it will be important for policymakers and legal practitioners to consider the potential impacts on contract law and to ensure that the principles of fairness, equality, and access to justice are preserved in the contracting process.

Keywords: technological advancements, constitutional principles, contract law, smart contracts, online dispute resolution, freedom of contract

Procedia PDF Downloads 108

Authors: Ebrahim Rahmani, Siyamak Moazeni

Abstract:

According to the Iraq's first constitutional law (approved 2005), Iraq is an independent with sovereignty and its governmental structure is parliamentary democratic republic and federal. Even in reforms in 2009, this article of law did not changed at all. But considering the existence of this emphasis and clarity which is mentioned in the law, different and sometimes contradictory interpretations and positions are expressed about federalism in the way that we can say, considering the importance of the matter, federalism is a focus point to create and expansion of the cold war among leaders of different groups of the country. Iraq's today political and security position has granted the suitable opportunity to Iraq's Kurdistan in appearing of the recent security crisis to increase its share from the central political power or to achieve to its independent dream. The federalism the weakest point of Iraq's territorial integrity in a way that if different groups do not come to a consensus about it and do not think about a mechanism which is accepted by all of them, this can effect on and Iraq's political stability and security. Iraq's Kurdistan follows the option of disintegration and separation under the shadow of political and security changes, even with existence of some Iraqi groups' hopes regarding the improvement of situation after parliament election and also considering Masoud Barezani's power will for separation from Iraq as well as regarding special international changes and disintegration of Karime from Ukraine and ISIS crises; concerns have been created among regional and international powers and interior players. In this article, a paradox due constitutional law about federalism, Iraq's central government view and its politicians to the matter and the regional effect of this action on region's geopolitics are reviewed as well.

Keywords: constitutional law, federalism, decomposition, Iraq's Kurdistan

Procedia PDF Downloads 305

Authors: Puthsodary Tat

Abstract:

Democracy has been categorially accepted and used as foreign and domestic policy agendas for the hope of peace, economic growth and prosperity for more than 25 years in Cambodia. However, the country is now in the grip of dictatorship, human rights violations, and prospective economic sanctions. This paper examines different perceptions and experiences of democratic assistance. In this study, the author employs discourse theory, idealism and realism as a theory-based methodology for debating and assessing the implications of democratization. Discourse theory is used to establish a platform for understanding discursive formations, body of knowledge and the games of truth of democracy. Idealist approaches give rational arguments for adopting key tenets that work well on the ground. In contrast, realism allows for some sweeping critiques of utopian ideal and offers particular views on why Western hegemonic missions do not work well. From idealist views, the research finds that Cambodian people still believe that democracy is a prima facie universality for peace, growth and prosperity. From realism, democratization is on the brink of death in three reasons. Firstly, there are tensions between Western and local discourses about democratic values and norms. Secondly, democratic tenets have been undermined by the ruling party-controlled courts, corruption, structural oppression and political patronage-based institutions. The third pitfall is partly associated with foreign aid dependency and geopolitical power struggles in the region. Finally, the study offers a precise mosaic of democratic principles that may be used to avoid a future geopolitical and economic crisis.

Keywords: corruption, democracy, democratic principles, discourse theory, discursive formations, foreign aid dependency, games of truth, geopolitical and economic crisis, geopolitical power struggle, hegemonic mission, idealism, realism, utopian ideal

Procedia PDF Downloads 183

Authors: Nelvin Joseph, K. Krishna Milan Rao, Praveen Dwarakanath

Abstract:

The explosive growth of Smart phones around the world has led to the shift of the primary engagement tool for entertainment from traditional consoles and music players to an all integrated device. Augmented Reality is the next big shift in bringing in a new dimension to the play. The paper explores the construct and working of the community engine in Delta T – an Augmented Reality game that allows users to evolve rules in the game basis collective bargaining mirroring democracy even in a gaming world.

Keywords: augmented reality, artificial neural networks, mobile application, human computer interaction, community engine

Procedia PDF Downloads 303

Authors: Magdalena Musiał-Karg

Abstract:

The expansion of telecommunication and progress of electronic media constitute important elements of our times. The recent worldwide convergence of information and communication technologies (ICT) and dynamic development of the mass media is leading to noticeable changes in the functioning of contemporary states and societies. Currently, modern technologies play more and more important roles and filter down to almost every field of contemporary human life. It results in the growth of online interactions that can be observed by the inconceivable increase in the number of people with home PCs and Internet access. The proof of it is undoubtedly the emergence and use of concepts such as e-society, e-banking, e-services, e-government, e-government, e-participation and e-democracy. The newly coined word e-democracy evidences that modern technologies have also been widely used in politics. Without any doubt in most countries all actors of political market (politicians, political parties, servants in political/public sector, media) use modern forms of communication with the society. Most of these modern technologies progress the processes of getting and sending information to the citizens, communication with the electorate, and also – which seems to be the biggest advantage – electoral procedures. Thanks to implementation of ICT the interaction between politicians and electorate are improved. The main goal of this text is to analyze electronic voting (e-voting) as one of the important forms of electronic democracy in terms of security aspects. The author of this paper aimed at answering the questions of security of electronic voting as an additional form of participation in elections and referenda.

Keywords: electronic democracy, electronic voting, security of e-voting, information and communication technology (ICT)

Procedia PDF Downloads 212