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Courts around the globe have become central players in governance, those in Southeast Asia have been no exception. This Element analyses the historical foundations, patterns, and drivers of judicialization of politics by mapping critical junctures that have shaped the emergence of modern courts in the region and providing a basic typology of courts and politics that extends the analysis to the contemporary situation. It also offers a new relational theory that helps explain the dynamics of judicial recruitment, decision-making, court performance-and ultimately perceptions of judicial legitimacy. In a region where power is often concentrated among oligarchs and clientelist political dynamics persist, it posits that courts are best comprehended as institutional hybrids. These hybrids seamlessly blend formal and informal practices, with profound implications for how Southeast Asian courts are molding both the rule of law and political governance.
Enhancing the Capabilities of Central Finance Agencies: Synthesis Report presents the findings of a study of the functions performed by CFAs, defined as government organizations that carry out financial management functions for the whole of government. Using a political economy approach to the analysis of CFAs in ten case studies of low-income countries, the report identifies the principal constraints on the capability of CFAs as: interventions by the head of the state, sometimes outside the provisions of the constitution and budget law, in executive decisions on the institutional arrangements and fiscal policy; deficiencies in management, ranging from excessively centralized and hierarchica...
Across more than four decades, the conflict between the national government and Muslim liberation forces in the southern Philippines has killed tens of thousands and displaced millions. Two landmark agreements under the presidency of Benigno S Aquino III — the first in 2012 and the second in 2014 — raised high hopes that peace might finally be on the way. But the peace process stalled, and has yet to regain momentum, after a botched counterterrorism operation in early 2015.This volume provides both in-depth examination of the latest stage of a still-ongoing peace process as well as richly textured analysis of the historical, political, and economic context underlying one of the most enduring conflicts in the world. It is thus an extremely important foundational resource in the continuing quest for peace and prosperity in Mindanao.
The book studies and compares causes, catalysts and consequences of democratic regression and revival in South, Southeast, and Northeast Asia. The Asia-Pacific presents social scientists with a natural laboratory to test competing theories of democratic erosion, decay, and revival and to identify new patterns and relationships. This volume combines conceptual and comparative research with single case studies. Overall, the collection of studies in this volume captures different forms of democratic regression and autocratization, examine how Asia-Pacific experiences fit into debates about democracy’s deepening global recession and what the Asia-Pacific experiences contribute to the understanding of the causes, catalysts, and consequences of democratic regression and resilience in the comparative politics literature. The chapters in this book were originally published as a special issue of Democratization.
Throughout their time in office, American presidents are often forced to choose between leading the nation and leading their party. In an earlier time when the major parties were less polarized, this leadership dilemma, while challenging, was not nearly as vexing as it is today. American presidents now find themselves with little room to maneuver, compelled to serve the Constitution on the one hand and yet caught within bitter partisan disputes and large numbers of unaffiliated voters on the other. The contributors to this volume investigate how recent presidents have navigated these increasingly rocky political waters. Focusing on campaign strategy, presidential rhetoric, relations with Congress, domestic and foreign policy, The Presidential Leadership Dilemma presents a wide-ranging, detailed, and fascinating study of how contemporary presidents face the challenge at the heart of every presidency.
Uncertainty in Policy Making explores how uncertainty is interpreted and used by policy makers, experts and politicians. It argues that conventional notions of rational, evidence-based policy making - hailed by governments and organisations across the world as the only way to make good policy - is an impossible aim in highly complex and uncertain environments; the blind pursuit of such a 'rational' goal is in fact irrational in a world of competing values and interests. The book centres around two high-profile and important case studies: the Iraq war and climate change policy in the US, UK and Australia. Based on three years' research, including interviews with experts such as Hans Blix, Pau...
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
In recent years, the developing world has seen a burst of efforts to reduce corruption, increase transparency and accountability, and improve governance. Needless to say, this is an important and encouraging development. However, the lack of a reliable compass to describe where a country is at a given moment—and where it could be heading in the absence or acceptance of proposed reforms—can result in disastrous missteps. The unfortunate absence of such a guide has helped lead to innumerable failed governments or ineffective regimes. This important book aims to fill that void. How to Improve Governance emphasizes the need for an overall analytical framework that can be applied to different...
Asks how the 'parchment' promises of a written constitution are translated into political practice, working through the many problems of constitutional implementation after adoption.
Provides a comparative analysis of the ideational dimension of judicial review and its potential contribution to democratic governance.