'Democratic Transition, Judicial Accountability and Judicialisation of Politics in Africa: The Nigerian Experience'

Purpose – This paper aims to examine the growing incidence of judicialisation of politics in Nigeria’s democratisation experience against the backdrop of questionable judicial accountability. Design/methodology/approach – The article draws on legal and political theory as well as comparative law perspectives. Findings – The judiciary faces a daunting task in deepening democracy and (re) instituting the rule of law. The formidable challenges derive in part from structural problems within the judiciary, deficient accountability credentials and the complexities of a troubled transition. Practical implications – Effective judicial mediation of political transition requires a transformed and accountable judiciary. Originality/value – The article calls attention to the need for judicial accountability as a cardinal and integral part of political transitions. Keywords Democracy, Politics, Law, Nigeria, Africa Paper type Viewpoint

'Robes on Tight Ropes: The Judicialisation of Politics in Nigeria'

This account of judicialised politics in the Nigerian transition experience examines the regulation of the judiciary of the political space, through the resolution of intergovernmental contestations in a dysfunctional federation. It analyses the judicialisation of elite power disputes which have resonance for due process and the rule of law in particular and governance in general. A study of the role of the judiciary in stabilising the country, itself a pivot in the West Africa region in particular and Africa in general, is important. This is especially in view of its classification as a ‘weak state,’ despite its enormous human and natural resources. The analyses here suggest the Supreme Court has taken a strategic position in the task of democratic institutional building and the reinstitution of the rule of law in the country. This strategic measure has received the acclaim of the public. However, the account also discloses that the judiciary, in the course of its numerous interventions, has been drawn into overly political disputes that overreach its jurisprudential preferences. Of even more significance, it demonstrates that the judiciary is itself still challenged by institutional dysfunctions constituting part of the legacies of the authoritarian era. The situation leads back to the need for closer scrutiny of the judicial function in transitional societies.

‘Risk, Politics and the ‘Scientification’ of Political Judgement: Prisoner Release and Conflict Transformation in Northern Ireland’

Drawing on research in Northern Ireland into the process of release under the Belfast/Good Friday Agreement, this article explores the identification and classification of risk in relation to prisoners released early under the Sentences (NI) Act. The main argument is that conflict, post-conflict and transitional conditions expose more starkly the political underpinnings of risk-management strategy and the article demonstrates the particular variant of Politicized Risk Assessment (PRA) recently used in the release of prisoners in Northern Ireland

The Hindered Self-Help: Housing Policies, Politics And Poverty In Kolkata, India

The housing dimension in Kolkata has been changing in recent years. Since 1991, the city has initiated housing reform that has taken many forms and manifestations characterized by the reduction in social allocation, cutbacks in public funding and promotion of a real estate culture in close partnership between the state and private actors. There has been increasing concern about the housing condition of the poor in the deserted slums and bustee settlements amidst the evident ‘poor blindness’ in housing and investment policies. Against this background the paper discusses self-help housing in Kolkata. It seeks to answer a simple question – why the concept of self-help has not been recognised as a viable policy option for a city with widespread slums and bustee settlements by visiting the complex urban context of Kolkata set within the city's politics, poverty and policies. The paper concludes that there is a need to recognise the existing structural duality in the city and support self-help housing as a parallel housing approach.

Can Civil Society Succeed Where Elites Have Failed in the War on Sectarianism? Towards an infinitely demanding politics for the North

Caught between the well-armed imaginations of paramilitary organisations competing for the hearts and minds of a divided population, and state engineering of a liberal peace, civil society's impact on Northern Ireland's identity politics was limited during the thirty-year conflict. Specifically, the community and voluntary sector itself has tended to replicate as much as it challenged patterns of segregation in many of its own structures. With plans set out in the Northern Ireland Executive's Programme for Government (2008-11) to engage civil society in opening a new era of ‘good relations’ work to counter sectarianism and racism, civil society organisations will face a complex terrain, facing scepticism about their contribution to peace-making before the Good Friday Agreement, and working in a post-Agreement environment marked by continuing elite and communal antagonism demonstrated by the crisis at the turn of 2009 over devolution of justice and policing powers to the Northern Ireland Executive. A significant aspect of the resolution was a belated agreement by Sinn Fein and the DUP on a new community relation strategy, Cohesion, Sharing and Integration. This article suggests that civil society has a significant role to play in encouraging communities to confront the contradictions and tensions that continue to haunt the political architects of the Good Friday Agreement by affirming a radical and contingent vision of democracy as democratisation at a distance from the identity-saturated politics of the state-region of Northern Ireland. It draws on the work of Simon Critchley, Emmanuel Levinas and Wendy Brown, to offer an approach to identity politics in post-conflict Northern Ireland, focusing on the future orientation of civil society.