Liberal Democracy and the Politics of Criminal Justice in Australia

Liberal democratic states like Australia manage criminal justice issues in ways which reflect an inbuilt tension between liberal and democratic values. Liberal democracies are responsive both to liberal claims and to democratic claims. As a result, policy debates and strategies can oscillate between (on the one hand) liberal sensitivity to individual rights and opposition to enhanced state capacity and (on the other hand) democratically legitimised community norms and collective values. Four crime-related policy debates — about the creation and operation of the National Crime Authority, about strategies for combating drug-related crime, about gun control legislation and about identity systems to counter money laundering, tax evasion and public benefit fraud — illustrate the characteristic liberal democratic mode of politics in operation. The spectrum of policy responses to crime issues within liberal democratic political systems corresponds to an analogous spectrum within criminology which encompasses individualistic and structuralist conceptions of the nature and causes of crime.     

Labor Reform and Dual Transitions in Brazil and the Southern Cone

The sequencing of transitions to democracy and to a market economy shaped the outcome of labor law reform and prospects for expanded labor rights in Argentina, Brazil, and Chile. Argentina and Brazil experienced democratic transitions before market economic reforms were consolidated in the 1990s. During the transition, unions obtained prolabor reforms and secured rights that were enshrined in labor law. In posttransition democratic governments, market reforms coincided with efforts to reverse earlier labor protections. Unable to block many harmful reforms, organized labor in Argentina and Brazil did conserve core interests linked to organizational survival and hence to future bargaining leverage. In Chile this sequence was reversed. Market economic policies and labor reform were consolidated under military dictatorship. During democratic transition, employers successfully resisted reforms that would expand labor rights. This produced a limited scope of organizational resources for Chilean unions and reduced prospects for future improvements.     

Crime,punishment, family violence,and the cloak of legal invisibility

Abstract

In this article, the authors trace how the Anglo-Australian system of criminal law constructs crime within the family differently from other forms of crime. The zone of legal impunity for intrafamilial crime was carved out by special defences and immunities, such as provocation and marital rape, as well as policing policies and practices that effectively decriminalised “domestic” forms of physical and sexual abuse. Legal impunity was never absolute, and there were notable exceptions where the familial and gendered aspects of the crime in fact aggravated the offence, such as the law's treatment of spousal murder by females as a form of “petty treason”, warranting the most severe punishment of burning at the stake. Reforms in the late twentieth century removed overt forms of gender discrimination from the criminal law, exposing a new legal visibility of crime within “the family”, though as the authors conclude, there are still remnants of differential treatment in fields of sentencing law and practice.     

The Political Rationale of Administrative Reforms: Parliamentary Support of Output Control in Switzerland

Sufficient political support is a sine qua non of comprehensive administrative reforms. However, while the pros and cons of administrative reform measures have been extensively discussed in theory and research, only little is known about the political process which determines whether or not administrative reforms are implemented at all. Against this background, the article aims at throwing light on the politicians' backgrounds and mindsets which account for their attitude towards administrative reforms. Referring to the theories of voting behaviour, socio-structural, socio-psychological, and rational choice factors by Swiss members of parliament are tested for their impact on the attitude towards new output control policies as part of wider administrative reforms. Findings help us understand the different fates of administrative reforms in the legislative process, and they make it possible to draw some essential conclusions for the design and implementation of future administrative reforms. In consequence of this, the article's findings are a significant contribution for the study of the political rationale of administrative reforms as well as the characteristics of political rationale in general.     

Winners and Losers in the Postcommunist Transition: New Evidence from Estonia

An American specialist on Russian politics and federalism examines the democratizing effects, intended and unintended, of President Vladimir Putin's federative reforms. Focus is on the "harmonization" of regional constitutions and legislation with federal laws and the RF Constitution in the name of the "reintegration of Russia's legal space." On the basis of detailed analysis of changes in regional constitutions and laws ensuing from the harmonization policy, the author assesses the impact of this aspect of the reforms on democratization in Russia's regions. Regional issues examined include the separation and balance of power between the executive and legislative branches, political and civil rights, the level of demand for democratic laws and independent judicial review, and the emergence of stakeholders of these reforms within civil society.     

Incidents on Mount Scopus: UNTSO effectiveness and the 1958 death of Lieutenant Colonel George Flint

The Europeanization reforms in Turkey are partly designed to bring about the demilitarization of Turkish politics. However, up to now reforms have not been free from the military's impact. The democracy game is still played in a field whose borders have been delimited by the Turkish armed forces (TAF) and its interpretation of Kemalism. Even when the boundaries of these borders were extended, it was more due to the TAF's self-restraint, motivated by the prospect of membership in the EU, rather than the restrictive impact of institutional reforms. Under these circumstances, the future of Europeanization and thus the demilitarization of Turkish politics is likely to be shaped by whether reforms will reach the issues and prerogatives that the military has carefully guarded and whether the EU will offer the state a credible prospect for membership.     

Protecting Human Rights: The Legitimacy of Judicial System Reforms in EL Salvador

Abstract — Research on democratic transitions in Latin America often ignore the importance of judicial systems — and related institutions — in achieving 'liberal democracy' and effectively safeguarding human rights, as contrasted with the restoration of 'electoral democracy.' This proves especially problematic in the instances of the former military-dominated authoritarian regimes of Central America. This article examines the efforts at judicial system and related reforms in EL Salvador since the 1992 Peace Accords, and relates those reforms to popular perceptions, both of previous institutions and of the institutional reforms and new institutions that have been created as part of the peace-making process. The reported survey research results suggest that the reforms on which liberal democracy in El Salvador depends, while generally viewed positively in the abstract, still rest on shaky foundations.     

Mubarak's Constitutional Reforms

Egypt's President, Hosni Mubarak, is noted for having perfected the art of seemingly introducing reforms while actually consolidating his autocratic rule. In response to domestic and international pressure, he has recently introduced further reforms, in the hope of silencing the opposition and officially rectifying Egypt's poor human rights record. In his speeches and public statements, Mubarak has promised to set Egypt on the road to freedom, human rights, and democracy. He has established a National Council for Human Rights, more freedom for political parties and the press, and a series of constitutional amendments liberalising presidential elections and allowing more democracy, with a great deal of fanfare. This paper will consider the significance in reality of these constitutional amendments, particularly as regards human rights and democracy, the powers of the president and the role of non-governmental organisations and ordinary citizens in decision making. We conclude that, welcome as they are, the reforms have so far not been effective in moderating the president's absolute authority, neither have they lived up to public expectations. Whatever reform measures the Egyptian government has reluctantly introduced have been drained of any real substance by legal stratagems or hedged with all sorts of restrictions.     

The symbiosis of politics and crime in Lithuania

Abstract

The article argues that since the mid 1990s organized crime in Lithuania has undergone significant transformation. During the early 1990s organized crime was characterized by groups challenging the state in the process of privatization of state property. At this time the most important mode of organized criminal activities was coercion, intimidation and violence. Since the mid 1990s the degree of violence typical to organized criminality has declined significantly. Instead organized crime associations have became active in attempting to partially appropriate the state by influencing, bribing and corrupting state actors. Membership of organized crime associations also underwent changes. Formally a number of prominent crime groups were made up of socially homogenous, lower class “outsiders” who used violence as the primary means of domination and enrichment. Contemporary criminal associations typically are comprised of informal networks of individuals of higher socio-economic standing, who are influential in a wide range of domains: legal and illegal, state and private, bureaucracy and private enterprise. Instead of violence a multiplicity of interactions and transactions among these elite networks are utilized to enable, transact, exchange and enhance mutually beneficial influence and criminal enrichment. We explore the dynamics that have facilitated the emergence of the postmodern organized crime associations that have gained legitimate and illegitimate social and political standing and influence within Lithuania. To illustrate the organized crime transformation the most recent political crisis, involving President Paksas' office engagement in corruption and organized crime, is analyzed. The implications of the transformation in organized crime for the criminal justice system in the country are discussed.     

Annual Index 2002

China's rural land rights regime is being reformed. Most explanations for the reforms focus on the efficiency effects anticipated from the strengthening of villagers' land rights. In contrast, this article argues that rural land rights reforms are intended to resolve the intra-state and state-society contention generated by China's market transition and globalization, and to mediate villagers' dispossession of their land and their transformation into a proletariat.     

South Africa and Eastern Europe: The challenge of multi‐ethnic societies in transition to democracy

This article explores similarities between the South African transition and the advent of liberal‐democratic government in Eastern Europe and the former Soviet Union. Challenges these societies have in common are the accommodation of ethnic and racial diversity and whether democracy can protect minorities. The article surveys the process of constitution‐making among the states of Eastern Europe, examining their efforts to reconcile sectional ethnic/cultural rights and universal human rights. These provisions are compared with the mechanisms employed in South Africa's interim constitution with this purpose. In conclusion, it is argued that successful multiethnic democracies develop where some of a number of identifiable characteristics are present.     

Evaluating UNMIT's Contribution to Establishing the Rule of Law in Timor-Leste

Timor-Leste began the democratic transformation process in the beginning of this century with a heavy past legacy of external domination. Since then, it has been experiencing many difficulties in its path towards democracy especially in what concerns one critical issue: the respect for the rule of law. Focusing on two important pillars of the rule of law—justice and security—this paper seeks to understand why has been so difficult to establish the rule of law in Timor-Leste.

The article initially provides a generic picture of the rule of law as an important dimension of the United Nations peacekeeping operations. It also aims to outline the United Nations Integrated Mission in Timor-Leste (UNMIT) capacity in strengthening the processes of peacebuilding and reforms in Timor-Leste, as well as on ensuring the credibility and integrity of institutions, such as the courts and the national police, which are serious challengers to the country's future. It concludes by providing some thoughts that can help to determine whether Timor-Leste is ready to look after its own security after 2013.     

Anniversary meeting,June 24, 1936

The election of the first government of the Justice and Development Party (AKP) in 2002 was a turning point for Turkey. People wanted change. That's what the AKP offered. Their successful economic management has seen Turkey transformed over the last 12 years. Foreign policy initiatives also prospered and relations with a number of neighbours improved.. More recent events have led some commentators to ask whether Turkey is moving forwards or backwards on the democratic path. There are concerns that the Ataturk legacy of a secular state is being slowly eroded by the forces of a conservative democracy and that too much power is now concentrated in the hands of Mr Erdogan. This is the background to the 2013 riots in (westernised) Istanbul. And the situation in the region leaves little room for optimism. The challenge now is to promote the political stability and predictability that will encourage continuing foreign and domestic investment in Turkey and to undertake the further structural reforms essential if Turkey is to rise out of the middle income trap and climb into the group of wealthier nations.     

The Poverty of Democracy: Neoliberal Reforms and Political Participation of the Poor in Mexico

Twenty years after governments across Latin America began implementing neoliberal reforms in earnest, concern is growing about their impact on the quality of democracy in the region. This article examines this issue in the case of Mexico by exploring how patterns of political participation, especially among the rural and urban poor, have changed since the implementation of free market reforms. It asks whether the institutional innovations associated with free market reforms make it easier or more difficult for the poor to participate in Mexico's political process. The answer is not encouraging. Despite democratic openings, the new linkages between the state and citizens established as a result of the transition to a free market development model stifle the voice of the poor not through the threat of force or coercion, but by creating obstacles and disincentives for political mobilization that affect the poor more severely than other groups.     

Concession or compromise? The politics of abortion in United Germany

Most GDR policies instituted to secure women's equality between 1949 and 1989 have been dismantled in the name of German unity, including freedom of choice regarding abortion. That right ceased to exist in May 1993, when the Constitutional Court imposed a number of western restrictions on eastern women as the new law of the land. This study addresses the post‐unity search for an acceptable compromise between the western constitutional mandate of foetal protection and the eastern guarantee of a woman's right to choose. It argues that a three‐year reform process which should have provided a positive introduction to the art of democratic compromise served instead as a negative socialising experience for Germans in the new Lander. Besides denying them a chance to render a meaningful policy contribution to their new state, the nature of the process has distorted East German perceptions of the quintessential ‘balance of power’ between legislative and judicial institutions under democracy. ‘Compromise’ has been attained, but consequences for the German Rechtsstaat are not all positive.     

Meeting the Challenges of Industrial Restructuring: Labor Reform and Enforcement in Latin America

Despite a strengthening of collective labor rights in Latin America over the last 15 years, most labor movements in the region have lost power because neither the content nor the enforcement mechanisms associated with the labor reforms fully took into consideration the challenges presented by economic restructuring. Reforms facilitating union formation did not strengthen unions but instead increased union fragmentation. Collective bargaining structures did not respond to the exigencies of international outsourcing; and the initial round of reforms in the 1990s did not contemplate the need to strengthen labor law enforcement mechanisms at a time when heightened international competition created a need for greater state vigilance of labor standards. Recent reforms or proposed reforms hold more promise for labor, but truly union‐friendly labor relations regimes require deeper changes. A review of several Latin American cases is followed by a closer examination of Brazil and El Salvador.     

Intra-Elite Factionalism and the 2004 Majles Elections in Iran

Over the last two decades, the political ideology of the Egyptian Muslim Brotherhood has evolved to proactively advocate a democratic form of government. This evolution has taken place both through protracted internal discussion and through experiments in participatory politics, leading the Brotherhood to further develop Islamic justification for a democratic regime. Despite generational differences within the Brotherhood over the extent of democratic activism, the Brotherhood's emerging political platform asserts the need both for a democratic regime and a ‘civil state’ which guarantees political and civil liberties within the boundaries specified by Islam. Three guiding principles are central to the Brotherhood's current political vision, including legislative compliance with Islamic law, a wide range of civil and political liberties with an emphasis on equal treatment, and a robust electoral process that institutionalizes guarantees of democratic accountability for elected officials. These principles allow the Muslim Brotherhood to effectively challenge the current Egyptian regime on democratic grounds, but are also in tension with one another, highlighting the boundaries of legislative independence under a political system constrained by Islamic law.     

Attitudes Toward Reform Among Provincial Russian Politicians

An American political scientist presents the results of a survey of 1, 280 oblast' and city deputies in five provinces of central Russia. The survey conducted in 1992, assessed support for reforms aimed at development of a market economy and a more democratic political system. Five scales, two economic (including one to determine views on accumulation of wealth) and three political, were developed to measure deputies' attitudes. In addition, the respondents' age, education, occupation, gender and incumbency were used to determine whether attitudinal variation could be explained by demographic factors. The findings are related to the current struggle over control of local resources. Journal of Economic Literature, Classification Numbers: H70, P20, R59.     

Cuba's “Equity Without Growth” Dilemma and the 2011 Lineamientos

Cuba faces a development dilemma: it promotes equity and human capital while failing to deliver economic growth. For the government, the country's equity and human capital achievements are a source of pride, a sign that its priorities are right. This essay argues instead that this “equity without growth” dilemma is a sign of malaise. Theory and evidence suggest that high levels of equity and human capital should produce high levels of economic growth. Because growth is often weak or negative, some onerous barriers to development must be present. These barriers, it is argued, are restrictions on property and political rights. By comparing Cuba and China across two sectors, the bicycle industry and Internet access, this article shows how these restrictions have hindered growth. It also assesses how Cuba's latest economic reforms, the so‐called Lineamientos, will address Cuba's development dilemma. The impact may be minimal, but perhaps more lasting than previous reforms.     

The Politics of Negotiating with Gangs. The Case of El Salvador

This paper explores the dynamics of negotiations between the Salvadoran government and the street gangs, called maras. The paper argues that state negotiations with criminal groups can occur when organized crime is a significant part of the social and political order. This tacit order allows a great deal of coordination between and within criminal organizations and the focus of negotiations from the state's point of view is limited to the management of violence, not the dismantling of gangs' territorial control. This article draws on seventeen in‐depth interviews with middle‐level gang leaders, government officials, and participants of the truce negotiations from 2012 to 2016; it also relies on public information published by Salvadoran journalists and government sources about the truce.