Liberal and Illiberal Democracy in Latin America

This article examines the incidence of liberal and “illiberal” democracy in Latin America from 1978 through 2004. It demonstrates, first, that illiberal democracy—which combines free and fair elections with systematic constraints on citizens’rights—became the norm throughout the region. Second, it shows that regime transitions most often ended not in liberal democracy but in illiberal democracy. Third, rare events logit analysis reveals that two variables, hyperinflation and presidential elections, had significant impact on movement toward fuller democracy. As a form of short‐term economic shock, hyperinflation generates widespread discontent; given the opportunity to vote, citizens elect reformist opposition candidates who, once in office, remove controls on civil liberties. This scenario substantially increases the likelihood of transition from illiberal to liberal democracy.     

The Design and Implementation of Cross-Sector Collaborations: Propositions from the Literature

People who want to tackle tough social problems and achieve beneficial community outcomes are beginning to understand that multiple sectors of a democratic society—business, nonprofits and philanthropies, the media, the community, and government—must collaborate to deal effectively and humanely with the challenges. This article focuses on cross-sector collaboration that is required to remedy complex public problems. Based on an extensive review of the literature on collaboration, the article presents a propositional inventory organized around the initial conditions affecting collaboration formation, process, structural and governance components, constraints and contingencies, outcomes, and accountability issues.     

Rousseau on Fundamental Law

How can we understand Rousseau's use of entrenched fundamental law? Given that absolute sovereignty is of paramount importance to Rousseau, and given that he rejects the possibility of binding the future, fundamental law might be viewed as a paradoxical restraint on the sovereign. However, through a consideration of their substantive form, and of the procedural mechanisms of enactment and abrogation, these laws are shown to serve an 'enabling' purpose. For Rousseau, fundamental law does not constrain the sovereign will, but is constitutive of the sovereign or transforms its operation with respect to morality and justice. Fundamental law should be understood to enhance the capacity of the sovereign; this reading also explains the most familiar limitation that does not take the form of a fundamental law, the double-generality requirement.     

The Teaching and Higher Education Act 1998—impact on the student contract

The relationship that exists in law between a student and the Higher Education Institution at which they first wish to study and then do study has been looked at in the past in terms of both private law (contract or contracts) and public law (member of the corporation etc.). The Teaching and Higher Education Act introduces a new component into the equation for the vast majority of students (the undergraduates) by requiring, subject to ‘means testing’, a direct contribution to fees. What effect might this have? The largest effect is that it will confirm the move to a student/HEI contract that is a consumer contract. The possible new admissions cycle will also play a part in the alteration of communications and formation of the contract. This shift will also impact upon how disputes might be resolved in the future and the level, clarity and timing of information that the HEI must provide.