Elite patronage over party democracy – high politics in Sri Lanka following independence

When Sri Lanka became independent in February 1948 it lacked a well-established party system and instead relied upon patronage and elite social relationships. Though it had a long pre-independence history of constitutional development and evolving democracy, party politics was not deep-rooted and political power continued to be wielded by an elite that had an almost feudal relationship with the masses. The convention based Westminster model Sri Lanka adopted engendered a local system that relied more on relationships than rules. Political parties and institutions were often unable to check and balance the Executive's conduct of power. Sri Lanka's elite operated British institutions in an anachronistic eighteenth-century manner such as in having a patronage-based Cabinet dominated by its prime ministerial leader/patron rather than by collegial attitudes or values. The weakness of party institutionalisation and the ambiguity in the constitutional arrangements laid the foundations for future political conflict and marginalisation of segments of society. The continuity of affairs of state from the colonial era and the known and reassuring leadership of D.S. Senanayake and his ‘Uncle-Nephew Party’ masked the democratic tensions and institutional fragility within the Sri Lankan state that would come to the fore violently only years after what was then seen as a model transfer of power.     

Judicial alignment and criminal justice: evidence from Russian courts

This paper investigates the effect of informal ties between judges (as represented by regional court chairpersons) and prosecutors on the repressive implementation of criminal justice in Russia in the area of fraud convictions. The authors utilize criminal law statistics of Russian regional courts for 2006–2010 to determine the alignment between chairpersons and prosecutors by measuring the length of their mutual career paths. The informal ties have a strong impact on trial outcome, which, however, changes over time. During periods of high bureaucratic risks and uncertainty, regions with a higher extent of informal ties between judges and prosecutors exhibit more repressive law enforcement. If external risks decrease, informal coalitions seem to increase the independence of the courts, insulating them from bureaucratic pressures and limiting their repressiveness.     

Coloured Judgements? The Work of the Thai Constitutional Court, 1998–2016

Created in 1997 as part of a major constitutional reform, Thailand’s Constitutional Court has since become embroiled in several high-profile political controversies. Since the 2006 coup, because a number of such decisions have favoured one political camp and considering obvious close and long-standing relations between judges and political elites, questions have arisen about the court’s ability to act as an independent arbiter. Is this view justifiable? To answer that question, this article first analyses how the court has behaved across political administrations in 32 high-profile cases since 2001. It then turns to the socio-biographic profile of the bench, the politics of nominations and changes to its composition, particularly since 2006. Finally, the article considers data on participants in classes offered by the Constitutional Court, which makes it possible to better understand the links between Thai political and judicial networks. The analysis finds evidence of politically biased voting patterns and increasingly partisan nominations to the court, though formally appointment procedures are apolitical, which suggests the politicisation of the court and growing ties between judicial and political elites. These findings raise new questions about the public’s perception of the Constitutional Court’s legitimacy and prospects for the rule of law.     

Introduction: two spaces of subsidiarity?

ABSTRACT

Scholarship on subsidiarity conducted since the nineteenth century has developed two strands of interpretation suggesting competing models of social organisation as far as the potential location of decision-making power is concerned. While this intellectual effort has mainly concentrated on political experiences in continental Europe, and gained further traction with the principle’s recognition in European Union law, the institutional architecture of Commonwealth countries has experienced relative neglect. This collection, however, examines the debates around competing ordering principles with evidence coming from operational problems of Westminster style democracies in four world regions, and considers how a multi-disciplinary perspective can guide comparative analysis.     

The Commonwealth in the 21st Century

The Commonwealth in the Twenty-First Century finds itself in a difficult predicament. Neither in the 'Global North' nor the post-colonial 'South' do its stakeholders invest in the organisation as a key instrument for international governance. The space which it once occupied as a mediator between rich and poor nations has either closed or been taken over by other entities. But might the Commonwealth find a new role for itself by returning to its roots as a vehicle for the exploration of the commonweal, in particular as a focus of contemporary attempts to democratize the international system? The story of the Commonwealth itself, from its origins as project for a racial imperial oligarchy in the nineteenth century to struggles for its renegotiation as a space of equality, first of 'white dominions' with Britain, and second in the era of Decolonization, is a parable of how rights and participation can be widened. Might the Commonwealth in the Twenty-First century not drive new global conversations about inequality, social and economic rights, and different cosmopolitan futures?     

Urban political machines and student politics in “middle” Bangladesh: violent party labor in Rajshahi city

In response to the mostly Dhaka-centered research on student politics in Bangladesh, this article aims to understand political competition, the role of patronage networks, political organizations, violence, and student organizations in the provincial city of Rajshahi. The article explores how student politics in Bangladesh shapes (and is shaped by) the political dynamics in “middle Bangladesh.” Student groups in Bangladesh are closely affiliated to political parties and serve as their most important source for mobilization in a party-political regime commonly referred to as a “partyarchy.” Campus politics is deeply integrated into the urban party-political machine in Rajshahi. Controlling Rajshahi University (RU) provides a steady flow of party workers for the local party machine. Thus, the RU campus is a space for organizing political (and violent) labor as well as an important source of revenue for and the distribution of benefits by local party bosses. The urban party machine, however, is not mechanically held together merely by the dispensation of inducements – instead, it is more chaotic and contingent on a form of strategic ambiguity that disguises the structuring effects of patronage power that keeps members motivated and engaged.     

网络政治意识形态身份认同及其路径选择

网络政治意识形态身份认同是身份政治认同的组成部分,又具有自身的特性。网络政治意识形态身份认同包括两部分:网络主流政治意识形态身份认同和网络非主流政治意识形态身份认同。网络主流政治意识形态与非主流政治意识形态都存在着解构与重构、共识与断裂、信任与质疑的可能性与现实性,增加了网络政治意识形态身份认同的复杂性。网络政治意识形...     

Risk Factors and Pathways to Imprisonment among Incarcerated Women in Victoria, 1860–1920

Criminological studies have found that men’s and women’s pathways to imprisonment differ, with risk factors such as substance abuse, mental illness, socioeconomic circumstances and past victimisation more strongly associated with female prisoners. However, limited quantitative or longitudinal research exists on how the risk factors associated with female offending may have shifted over time. This article investigates the criminal careers and pathways to imprisonment of 6,042 women incarcerated in Victoria between 1860 and 1920, and the risk factors associated with subsequent recidivism. The findings suggest that, while many of today’s risk factors were present historically, there have been notable shifts across time.     

Chilean Constitutionalism Before Allende: Legality Without Courts

In the 1960s and early 1970s, two political movements in Chile, one led by Eduardo Frei and the other by Salvador Allende, achieved remarkable victories in presidential elections. They both vowed to bring about radical change within the framework of the law. Unfortunately, however, both administrations failed to achieve their objectives. This article, focusing on the 30-year period that preceded these two electoral victories, argues that Frei and Allende's seemingly inordinate faith in the virtues and flexibility of the legal system was firmly rooted in the political system and stemmed from a peculiar form of constitutionalism, which it describes as legality without courts.     

Political Representation and Gender in Brazil: Quotas for Women and their Impact

In the 1990s, Brazilian Congress approved an electoral quota for female candidates in parliamentary competition (with exception of the Senate). The reticence of the law and the peculiarities of the Brazilian open lists electoral system have given rise to concern that the quotas will fail. In fact, there has been no great increase in the number of women in Brazilian legislatives – there has been some change in the municipalities, a little less in the states and almost nothing at the federal level. Analysing in detail the results of four elections to the federal Chamber of Deputies, two before and two after the quotas, it becomes apparent that, in Brazil, the impact of quotas is mediated far more than in other countries. Quotas provide, above all, an incentive to party elites to support an increase in the number of female political leaders, and the results may appear only at mid term.     

Mobilizing from the Margins: Domestic Citizen Politics and Yasukuni Shrine

Prime Minister Koizumi’s six consecutive annual visits to Yasukuni shrine played a key role in initiating a new phase of domestic citizen political mobilization not seen since the early 1970s. This paper is based on field research during the Koizumi years (2001–2006) centering on domestic groups that conduct activities in “protection” of or “opposition” to Yasukuni shrine. As a study of street-based politics, this paper seeks to uncover the processes, strategies, and outcomes of citizen responses to elite political action at Yasukuni Shrine as well as explore meaning of their actions within the context of Japan’s democratic polity.