Explaining judicial reform outcomes in new democracies: The importance of authoritarian legalism in Argentina,Brazil, and Chile

Recent judicial reforms after democratic transition have been substantial and relatively successful in Chile, but much less so in Argentina and Brazil. This article traces this variation in outcomes to the legal strategies of the prior authoritarian regimes. The Brazilian military regime of 1964–1985 was gradualist in its approach to the law, and had a high degree of civilian-military consensus in the legal sphere. It was not highly repressive in its deployment of lethal violence, and this combination of factors contributed to a gradualist and consensual transition in which judicial reform was not placed high on the political agenda. The Argentine case of military rule between 1976 and 1983 was almost the opposite. The military sidestepped and even attacked the judiciary, engaging in almost entirely extrajudicial violence. This generated a “backlash” reform movement after the transition to democracy that was mostly retrospective and only partially successful. In Chile, in contrast, the military engineered a radical break with previous legality, engaged in violent repression, but made considerable efforts to reconstruct a judicial order. It was in the aftermath of this situation that reformers were able to push through a prospective and relatively successful judicial reform. This article's findings suggest that judicial reform may be more likely to succeed where the prior authoritarian regime was both repressive and legalistic, as in Chile, Poland, and South Africa, than where high degrees of repression were applied largely extrajudicially, as in Argentina, Cambodia, and Guatemala, or where the authoritarian regime was legalistic but not highly repressive, as in Brazil, Mexico, and the Philippines.     

The Impact of Devolution on Women's Political Representation Levels in Northern Ireland

Historically, Northern Ireland women have been severely under-represented in the formal political arena. Despite the main parties having failed to address this issue, women have notably increased their presence in elected positions since the establishment of the Northern Ireland Assembly in 1998. In the absence of any initiatives undertaken specifically to improve women's political status, it appears that the opportunities of devolution have facilitated these recent achievements. Specifically, the new political landscape has become more open and conducive to promoting women into positions of political power, and it is the impact of these developments that this article explores.     

White Australia,Settler Nationalism and Aboriginal Assimilation*

This article examines policies of Aboriginal assimilation between the 1930s and the 1960s, highlights how different forms of settler nationalism shaped understandings of the Aboriginal future, and explores the impact of the shift from biological notions of Australian nationhood (white Australia) to culturalist understandings of national cohesion and belonging. Assimilation policies were underpinned by racist assumptions and settler nationalist imperatives. Aborigines of mixed descent were a special focus for governments and others concerned with Aboriginal welfare, “uplift” and assimilation. This is most evident in the discourse of biological absorption of the 1930s, but lived on in notions of cultural assimilation after the Second World War. One of the ongoing motivations for assimilation drew upon the nationalist message within “white Australia”: the need to avoid the development of ethnic or cultural difference within the nation‐state. The article highlights an ideological split among the advocates of individual assimilation and group assimilation, and uses the writings of Sir Paul Hasluck and A. P. Elkin to illustrate these two views.     

Bureaucrats–Enterprise Negotiation in China's Enterprise Reform at the Local Level: case studies in Guangzhou

This article explores the implementation of SOE reform in China at the local level, using case studies in Guangzhou as illustration. It is argued that local government spearheads a reform agenda that puts locally-defined state objectives first, not necessarily favouring enterprise restructuring. A full-fledged negotiation model does not exist in SOE reforms because all enterprises are controlled by the state and have to comply with top-down policies and orders. Government-enterprise relations and the degree of entrepreneurial power depend largely on the economic strength of the enterprise, with the boomers getting a good economic bargain while the laggards fail to gain sympathy from government. Enterprise workers are largely at the mercy of restructuring decisions that come from bargaining and at times collusion between managers and local bureaucrats.     

Understanding rural resistance: contemporary mobilization in the Brazilian countryside

Contradictions between impressive levels of economic growth and the persistence of poverty and inequality are perhaps nowhere more evident than in rural Brazil. While Brazil might appear to be an example of the potential harmony between large-scale, export-oriented agribusiness and small-scale family farming, high levels of rural resistance contradict this vision. In this introductory paper, we synthesize the literature on agrarian resistance in Brazil and situate recent struggles in Brazil within the Latin American context more broadly. We highlight seven key characteristics of contemporary Latin American resistance, which include: the growth of international networks, the changing structure of state–society collaboration, the deepening of territorial claims, the importance of autonomy, the development of alternative economies, continued opposition to dispossession, and struggles over the meaning of nature. We argue that by analyzing rural mobilization in Brazil, this collection offers a range of insights relevant to rural contention globally. Each contribution in this collection increases our understanding of alternative agricultural production, large-scale development projects, education, race and political parties in the contemporary agrarian context.