The purpose of this article is to explore the consequences of following two different understandings of law for the consolidation of rule of law and democracy, provided by Friedrich von Hayek and ...Carl Schmitt. The context within which this exploration is carried out is the political scene of Turkey since December 2013. It is first argued that while the Hayekian understanding of law strengthens the principle of rule of law and democracy, the Schmittian understanding undermines them. Secondly, it is argued that Justice and Development Party government in Turkey has followed the Schmittian understanding of law at least since December 2013 and this in turn has undermined the rule of law and democracy in Turkey.
In this article, I revisit the question of socio-economic transformation in South Africa to illustrate how it connects with human rights, essentially because, as I argue, transformation is ...unattainable without a comprehensive understanding of the central role of human rights in activating that process. I state the claim that the progressive human rights culture on the basis of which South Africa launched itself from the demise of apartheid into one of the most treasured constitutional democracies globally is noticeably disintegrating, displaying signs of post-independence failures that have bedevilled many other African countries. It leaves unanswered questions with regard to the transitional promise for a better life and equitable opportunities. Not only is the political intent to actualise the project for socio-economic transformation apparently lacking, prospects that the expectations of the impoverished segments of the population may never be fulfilled prompts the need for an in-depth diagnosis of the contrasts that dissociate the country from its constitutional commitment to remedy the injustices of the past, which remain visible in legislation, policies, institutional practices, governance mechanisms and social perceptions that seem to be hardwired to accommodate transformation. I aim to demonstrate that even though South Africa’s constitutional democracy is anchored on a radical undertaking to eradicate the injustices that unreasonably limit options for the larger part of the population, there is no genuine adherence to the constitutional standards for transformation under the present dispensation, which is shaped by misconceived and misdirected priorities at the expense of human rights that lie at the core of the project for socio-economic transformation. I articulate these viewpoints by bringing into sharper focus the connection between human rights and transformation so that perhaps, the arguments may provide conceptual direction in academic discourses and probably also shape policy direction in crafting transformative solutions to the socio-economic exigencies that South Africa is confronted with.
The victory of Justin Trudeau’s Liberals in the Canadian federal election of 2015 brought with it hopes for meaningful change in the relationship between indigenous peoples and settler-Canadian ...society, with “reconciliation” a prominent feature of the new government’s discourse. But long on symbolism, the new government’s efforts have been markedly short on substance, and all good intentions seem unlikely to dislodge the more stubborn problems underpinning the relationship between indigenous peoples and the settler state that claims sovereignty over their lives. While many of the obstacles to be confronted involve familiar problems confronting institutional reform, deeper, more substantive barriers lie in the character of modern nation-formation and state sovereignty, and in contradictions that lie at the very heart of liberal constitutional democracies. La victoria del partido liberal de Justin Trudeau en las elecciones de Canadá de 2015 trajo consigo esperanzas de un cambio significativo en la relación entre los pueblos indígenas y la sociedad canadiense–colona, con la “reconciliación” como tema destacado del discurso del nuevo gobierno. Pero, si bien sobrado de simbolismo, los esfuerzos del nuevo gobierno se han quedado cortos en sustancia; es poco probable que las buenas intenciones desalojen los problemas que subyacen a la relación entre los indígenas y el estado colono que reivindica la soberanía sobre sus vidas. Aunque muchos de los obstáculos se refieren a problemas familiares frente a reformas institucionales, hay barreras más sustanciales relativas al carácter de la formación de la nación moderna y a la soberanía estatal, y a las contradicciones inherentes a las democracias constitucionales liberales.
Against the background of changes in the religion-state relationship in South Africa since 2009, this essay provides the foundational history of a resurgent fundamentalist Christian alliance that ...seeks to exert influence in politics, state institutions, and civil society. The discussion includes the growth of fundamentalist groups in the United States that established the religious right as a political force on which the alliance’s stringent anti-liberal agenda and strategies are modelled. In conclusion, the unlimited right to religious freedom is questioned in the context of guarantees of protection from discrimination in a constitutional democracy.
How can the unique knowledge, experiences, institutions, norms, and ideas from developing countries contribute to the political, economic, and social development of other developing countries? This ...question is worth asking, as ongoing discussions regarding emerging donors have failed to explore the possible contribution of developing countries to governance issues through the utilisation of their unique resources. This article examines the realities and potential of India's contribution to the enhancement of democratic governance in developing countries. It argues that India's enduring experience with constitutional democracy has attracted attention from other developing countries, particularly those who are tackling the daunting challenge of consolidating democracy in tandem with the projects of building a coherent nation and legitimate and functioning state within the inherently hostile environment of an ethnically and religiously divided society.
Entrepreneurs Price, Gregory
Journal of entrepreneurship and public policy,
03/2020, Volume:
9, Issue:
1
Journal Article
Peer reviewed
PurposeThe purpose of this paper is to consider if self-employed entrepreneurs, a class of individuals who require enforceable property rights to create new firms and ideas that could increase a ...society’s material living standards, constitute an individual property rights enforcement mechanism.Design/methodology/approachWith data from the General Social Survey, the authors estimate the parameters of mixed-effects categorical regression specifications to measure the effect of self-employment on confidence in the US Supreme Court, raising and donating funds for social or political activities, and on trying to persuade others to share political views.FindingsThe findings suggest that self-employed entrepreneurs are one of the guarantors of a constitutional democracy based on an ethic of individual property rights, and public policies that are pro-entrepreneurship help mitigate the risk of constitutional failure, and maximize society’s material living and ethical standards.Research limitations/implicationsThe results are based on cross-sectional data, which do not account for dynamic changes in preferences.Practical implicationsThe findings suggest that self-employed entrepreneurs are a enforcement mechanism and a guarantor of an ethic of private property rights necessary for the ongoing success and viability of a constitutional democracy based on individual property rights.Social implicationsThe findings suggest that as entrepreneurs constitute an enforcement mechanism for individual property rights, to the extent that entrepreneurialism also cultivates individual virtue entrepreneurs also serve as guarantors of a moral and ethical society that is based on virtue, which results in a constitutional democracy with high material living and ethical/moral standards.Originality/valueThis paper is among the first to empirically test whether entrepreneurs are an enforcement mechanism for individual property rights.
Abstract The present essay explores the essential meaning of freedom of speech in the context of contemporary constitutional democracy. In addressing the question of how free speech constitutional ...clause should be understood in an universe full of controversial cases, the study articulates three main propositions: 1.Freedom of speech is the right not to be prevented from speaking or not to be punished for speaking based on the alleged unacceptability of an idea (taken as incorrect, inappropriate, stupid, irrelevant, shocking, dangerous, etc.); 2. Freedom of speech grants protection no matter the content of the message because the exchange of ideas is valuable for reasons other than the substantive qualities of what is said; to be worthy of protection, speech does not need to be infallible, clever or polite, but only play an expressive role in the process of discussion; 3. Freedom of speech doesn’t collide with rights of others, especially in the case of assertive speech acts, that is, assertions of facts and values that the speaker sincerely believes to be true or correct; even when the content sounds outrageous, asserting something doesn’t imply violation of anyone’s right, but rather it means the exercise of one’s own right.
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