'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

Review of Claúdio Jone , Press and democratic transition in Mozambique, 1990-2000.

Book review in Lusotopie 2007, volume 2 of Claúdio Jone , Press and democratic transition in Mozambique, 1990-2000, Johannesbourg (Afrique du Sud), Institut français d’Afrique du Sud, 2005, 102 p.

Divergent Paths of Development: The Modern World-System and Democratization in South Africa and Zambia

This article examines whether a Modern World- Systems (MWS) perspective can provide an improved understanding of the processes of democratization in Africa (and other developing regions of the world) by conducting a comparative case study of South Africa and Zambia in the 1990s, examining the transitions to democracy and divergent processes of democratic consolidation in each country. Semiperipheral South Africa has, due to its more advantageous position in the world-system, been better equipped than peripheral Zambia to safeguard democracy against erosion and reversal. Th e central irony of the MWS is that the weakest states in the MWS can be pushed around by core powers and are more easily forced to democratize while at the same time they are least likely to possess the resources necessary for democratic consolidation. Semiperipheral states can maintain their independence vis-à-vis the core to a higher degree, but if the decision is made to undertake a democratic transition they are more likely to possess the resources necessary for successful consolidation. Th e MWS perspective allows for an improved understanding of the causal pathway of how position in the MWS translates into the ability to consolidate democracy than does approaches that emphasize domestic factors.

'The Judiciary and Constitutionalism in Transitions: A Critique'

The article critically analyses the role of the Nigerian courts in mediating resultant tensions in the post-authoritarian transition period. In doing this, I examine jurisprudence emanating from the courts on some serious inter-governmental disputes, as well as decisions bordering on individual and group rights, particularly those connected to the transition process. The dynamics of democratic transition in Nigeria after decades of military rule dictates the inevitability of these disputes. The military left a legacy of systemic distortion and institutional dysfunctions which constitute formidable challenges to the transitioning society. The article argues a case for a purposive jurisprudential approach to resolving the ensuing tensions which typically threaten the viability of the transition.

Introduction

The scholarly interest in norm implementation in the area of minority rights protection emerged during the period of the European accession of post-communist societies, which were characterised by persistent cleavage along ethnic lines. These studies have analysed democratic transition of ethnically segmented societies and developed into a broad field that focuses its attention on inter-ethnic relations, the role of history, interstate cooperation and the impact of international organisations on post-communist states' treatment of domestic minorities. All these are usually conducted from a vantage point of the European conditionality research. In our introduction to the special issue we sketch a number of reasons why it is encouraging and indeed, desirable to move beyond the perusal of conditionality into the domain of implementation research.

New and Alternative Social Movements in Spain: The Left, Identity and Globalizing Processes

This collection offers a diachronic analytical study of new and alternative social movements in Spain from the democratic transition to the first decade of the 21st century, paying attention to anti-war mobilizations and the use of new technologies as a mobilizing resource. New and alternative social movements are studied through the prism of identified linkages among the left, movement identities and global processes in the Spanish context. Weight is given to certain important historical aspects, like Spain’s relatively recent authoritarian past, and certain value-added factors, such as the weak associationalism and materialism exhibited by the Spanish public. These are complemented by exploring insights offered by key theoretical approaches on social movements (political opportunities structures, resource mobilization). The volume covers established social movement cases (gender, peace, environmental movements) as well as those with a more explicit connection to the current context of global contestation (squatters’ and anti-globalization movements).

A Blueprint for Democratic Policing Anywhere in the World? Police Reform, Political Transition and Conflict Resolution in Northern Ireland

This article provides an overview of the police reform process undertaken in Northern Ireland since 1999 as part of a broader program of conflict resolution. It considers the recommendations of the Independent Commission on Policing (ICP), which proposed a number of changes to policing structures and arrangements in Northern Ireland, and it assesses the degree to which these have been operationalized in the 8 years since the ICP published its report. It suggests that although the police reform process in Northern Ireland has been moderately successful and provides a number of international best practice lessons, the overall pace of change has been hindered by difficulties of implementation and, more fundamentally, by developments in the political sphere and civil society.

Convergence/Divergence: Party political discourse in Northern Ireland's transition from conflict

This paper illuminates the role of political language in a peace process through analysing the discourse used by political parties in Northern Ireland. What matters, it seems, is not whether party discourses converge or diverge but rather how, and in what ways, they do so. In the case of Northern Ireland, there remains strong divergence between discourses regarding the ethos of unionist and nationalist parties. As a consequence, core definitions of identity, culture, norms and principle remain common grounds for competition within nationalism and unionism. There has, however, been a significant shift towards convergence between unionist and nationalist parties in their discourses on power and governance, specifically among the now predominant (hardline) and the smaller (moderate) parties. The argument thus elaborated is that political transition from conflict need not necessarily entail the creation of a “shared discourse” between all parties. Indeed, points of divergence between parties’ discourses of power and ethos are as important for a healthy post-conflict democratic environment as the elements of convergence between them.

Transitional Justice: Conceptualising 'Transition'

Scholars and practitioners working in ‘transitional justice’ are concerned with remedies of accountability and redress in the aftermath of conflict and state repression. Transitional justice, it is argued, provides recognition of the rights of victims, promotes civic trust, and strengthens the democratic rule of law. As serious scholarship flourishes around this critical concept as never before, this new collection from Routledge meets the need for an authoritative reference work to map a vibrant site of research and reflection. In four volumes, Transitional Justice brings together foundational and the best and most influential cutting-edge materials, including key works produced before the term ‘transitional justice’ gained wide currency but which anticipate approaches now included under that rubric.

The collection covers themes such as: truth and history; acknowledgement, reconciliation, and forgiveness; retribution, restorative justice and reparations; and democracy, state-building, identity, and civil society