The Politics of Rule of Law Systems in Developmental States: ‘Political Settlements’ as a Basis for Promoting Effective Justice Institutions for Marginalized Groups

Desai, Deval; Woolcock, Michael

doi:10.2139/ssrn.2141876

Cited by 2 publications

(2 citation statements)

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“…However, common throughout the definitions is that political settlement is about the distribution of power and about inclusion, with Behuria et al (2017) highlighting that the distribution of power evolves constantly in a political settlement. However, Desai and Woolcock (2012) stress the importance of removing obstacles to effective and sustained participation (e.g., communication, education, awareness) and for political settlement to occur, with Di John and Putzel (2009) emphasising the need for the distribution of rights and entitlements across groups and classes on which the settlement is based. Thus, political settlements offer a robust focus on the role that capitalism and political organisations play in shaping development processes and outcomes (Hickey 2013) and hence it is useful for uncovering unequal settlements and as a hindrance for democratic consolidation.…”

Section: Democracy and Political Settlement Epistemologiesmentioning

confidence: 99%

Mining Corporations, Democratic Meddling, and Environmental Justice in South Africa

Leonard

2018

Social Sciences

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During Apartheid, the mining industry operated without restraint and compromised the ecology, the health of mining workers, and local communities. The lines between the mining industry and government was often unclear with the former influencing government decisions to favour uncontrolled operations. Although new post-Apartheid regulations were designed to control negative mining impacts, the mining industry and the state still have a close relationship. Limited academic research has empirically examined how mining corporations influence democracy in South Africa. Through empirical investigation focusing on Dullstroom, Mpumalanga and St. Lucia, KwaZulu-Natal, this paper examines how mining corporations, directly and indirectly, influence democratic processes at the macro state and micro community levels. At the macro level, this includes examining mining companies influencing government decision-making and enforcement to hold mines accountable for non-compliance. At the micro level, the paper examines mining companies influencing democratic processes at the local community level to get mining developments approved. Findings reveal that political connections between the mining industry and government, including collusion between mining corporations and local community leadership, have influenced mining approval and development, whilst excluding local communities from decision-making processes. Industrial manipulation has also influenced government in holding corporations accountable. This has contributed towards not fully addressing citizen concerns over mining development. Democracy in post-Apartheid South Africa, especially for mining development is, therefore, understood in the narrow sense and exposures the realities of the ruling party embracing capitalism. Despite challenges, civil society may provide the avenue for upholding democratic values to counter mining domination and for an enabling political settlement environment.

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Section: Democracy and Political Settlement Epistemologiesmentioning

confidence: 99%

Mining Corporations, Democratic Meddling, and Environmental Justice in South Africa

Leonard

2018

Social Sciences

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“…The word 'democracy' is used first to denote a system of government based on rule of law and the observance of civil liberties, where decisions by the state are subject to the deliberations of a majority of the citizens or elected representatives (Desai & Woolcock, 2012;Dworkin, 1988;Sen, 1990a;1990b Again in this paper, democracy is defined as: "a government by the people where the supreme power of the nation is vested in the people, which is exercised directly or through their elected representatives in a free electoral space and processes, without coercion, intimidation or fraudulent inducement or vote buying, but sustained on a formal principle of ethical governance, equality, civil rights and liberties, justice, autonomy, choice and privileges, with formal system for the administration of justice, retributive justice and reward against deprivation of civil and administrative rights and other forms of punitive reward and recompense".…”

Section: Defining the Rule Of Lawmentioning

confidence: 99%

Democracy and Choice: Do These Mean Anything to the Average Ghanaian?

Norman¹

2017

AASoci

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The concept of "African democracy" invokes James and Stuart Rachels ' (2003) treatise against "Cultural Relativism". That is to say, it is generally assumed that there is democracy relative to Africa and therefore, there is a concept of "African Democracy Relativism". Due to this, democracy in Africa oughts to be different from democracy everywhere else. "Choice" as an ethical value subsists and emanates from autonomy and freedom. When people are free in the democracy, they also have the freedom of "choice" in their functionings. There are many limitations on the right to choose in Africa due to the general limitations placed on freedoms. This paper proposes that there is but one type of democracy in the world, which offers individuals the same kind of freedom of choice and wellbeing, provided it is also accepted that the African is an indivisible part of the universal man or woman. What may have given rise to the erroneous concept of an "African democracy type" is the general assumption that Africa is familiar and understands democratic principles. It was further mistakenly assumed that Africa considered all human beings as equal based on some resplendent intellectual expositions on democracy, which was accepted and known to all. Therefore, all had equal rights, freedom of choice and privileges before the law and man, and that "due process" was part of the mundane administration of justice articulated in a systematic and reviewable medium such as a tablet, stone, book or film or other archival systems. Africa's unwritten history is subject to the revisionist manipulation, prevarication, and unsupported by the cultural norms of the respective nations. These concepts as used in this paper would be defined and discussed accordingly and present a different view point on this matter, using Ghana as a case.

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The Politics of Rule of Law Systems in Developmental States: ‘Political Settlements’ as a Basis for Promoting Effective Justice Institutions for Marginalized Groups

Cited by 2 publications

References 189 publications

Mining Corporations, Democratic Meddling, and Environmental Justice in South Africa

Mining Corporations, Democratic Meddling, and Environmental Justice in South Africa

Democracy and Choice: Do These Mean Anything to the Average Ghanaian?

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