Contextualised Equality and the Politics of Legal Mobilisation: Affirmative Action in Northern Ireland

This article examines the development of affirmative action and equality policies targeted at the two main ethno-national communities in Northern Ireland, as an example of ‘contextualised equality’. The argument places particular weight on a politics of legal mobilisation. The article suggests that the ability to connect post-1998 reforms, in practical and symbolic ways, to overriding inter-communal narratives was often a determining factor in identifying those elements of the Good Friday Agreement which advanced, or were constructed as achievable. The argument has implications for understanding how equality debates will progress, and explaining why certain agendas appear to ‘succeed’ and others ‘fail’.

Struggles against Injustice:: Contemporary Critical Theory and Political Violence

This article investigates a significant problem in contemporary critical theory, namely its failure to address effectively the possibility that a campaign of political violence may be a legitimate means of fighting grave injustice. Having offered a working definition of ‘political violence’, I argue that critical theory should be focused on experiences of injustice rather than on ideals of justice. I then explore the reasons as to why, save for some intriguing remarks on retrospective legitimation, Jürgen Habermas has not addressed this issue directly. While Axel Honneth's recognition theory may have greater potential here, the absence of explicit consideration of the matter by him leaves considerable work to do. I introduce five questions in the concluding section that provide a starting point in setting out an appropriately stringent, normative test for claims that support violent action against injustice.

Does Affirmative Action Work? Evidence from the Operation of Fair Employment Legislation in Northern Ireland

An affirmative action programme, established by the Fair Employment (Northern Ireland) Act 1989, has been an important attempt to ensure ‘fair participation’ in employment for both Catholics and Protestants in Northern Ireland since 1990. The programme includes detailed monitoring of the community background of employees and requires employers to undertake remedial action where fair participation is not evident. Agreements were concluded between the regulatory agency and many employers specifying what affirmative action measures were required. Based on the annual monitoring returns submitted between 1990 and 2005, this article evaluates the effectiveness of the affirmative action programme in promoting fair employment participation using fixed effects models. The analysis shows that there has been a general shift towards workforce integration in Northern Ireland but the increase of under-represented groups in agreement concerns is greater than in concerns with no agreement. The success of agreements, however, is limited to certain industrial sectors and medium-sized enterprises.

Climate Change, national politics and grassroots action: an introduction

Climate change continues to dominate academic work within green/environmental politics. Indeed, there appears to be almost an inverse relationship between the lack of political leadership on tackling climate change and the growth in ever more sophisticated academic analyses of this complex and multifaceted problem. There is an increasing disjunction between the growth in our knowledge and understanding of the ethical, political, economic, sociological, cultural, and psychological aspects of climate change and the lack of political achievement in putting in place clear and binding targets, an agreed decarbonisation roadmap, and associated regulatory and policy instruments with enforcement. This gap might be taken as evidence that we do not need more reports on climate change. To quote that most unlikely of green politicians, Arnold Schwarzenegger, former Governor of California: ‘The debate is over. We know the science. We see the threat. And we know that the time for action is now’ (California Energy Commission 2007, p. 1). This special issue focuses on a variety of ways in which climate change is conceptualised in normative political and ethical theory, and addressed in policy and regulations.

Mobilizing against neoliberalism? Global affirmative action in context

This article uses the example of Northern Ireland to illustrate how political mobilization may
be deployed to challenge structural forms of inequality. The experience suggests that regulatory
models can be designed for particular contexts to shape approaches that present challenges to
dominant economic and political orthodoxies. The intention is not to overstate the significance
of this specific transitional context but simply to highlight elements that might feature in any
attempt to mobilize successfully around human rights and equality, and against aspects of neoliberal
thinking.

The analysis of political will and its role in leadership: a study of portuguese mayors

This thesis analyses the concept of Political Will, suggests its operationalization and establishes a typological theory that provides the necessary support for the diverse strategies of action of a leader. It claims that political leadership styles articulate a choice of action that results from the Political Will of a leader, which is determined by his intention and his discerned possibilities to act. One main research question guided our research: How does a political leader select and change his leadership style? The most illustrative literature on political leadership is reviewed and the characteristics of democratic governance are analyzed. This is followed by an overview of the most noteworthy theories on the theme and a claim for the need of concept coherence, given the multiplicity of the existent standpoints. After that, we concentrate on leadership styles, with a focus on the local governance context. Human action and intentionality are addressed with particular attention, as well as the motivational drivers for action, in order to advance a conceptualization of Political Will through two dimensions: intention and possibility. This analysis led to a number of relevant propositions: (1) Political Will ‘exists’ when the agent has the intent and the possibility to act; (2) these two dimensions ‘translate’ simultaneously what the agent believes he must do and can do; (3) Intention and possibility reflect diverse but limited worldviews; (4) political leadership styles result from the agent’s Political Will; (5) different combinations of the expected and actual worldviews result in different leadership styles; and (6) political leadership styles can change accordingly to several strategies which allow conformity or reflect reaction to worldviews. We suggested the operationalization of the two dimensions of Political Will through the analytical tool of Grid-group Theory, which provided the identification of the heuristic devices that allowed further comprehension on the subjectivity of the agent’s choice. Four standard property spaces – representing four types of leadership styles – result from a preliminary approach to this process. Afterwards, and because these dimensions operate simultaneously, we advance on the analysis and suggest some plausible heuristical conflicts to happen and describe which consequences, strategies and type migrations are conceivable. An inclusive and more complete set of resulting property spaces renders fourteen different types of leadership styles and sixty different predictable causal paths that result from the expected migration strategies. Case-studies were conducted as plausibility probes designed to provide improvements to our theoretical claims and addressed the cases we selected for research purposes: Portuguese Mayors. The findings from five case studies are discussed and the probable impact and congruence of each with the theoretical claims are assessed. The communalities of the causal mechanisms related to the function of intention and possibility as the dimensions of Political Will and their role in explaining different leadership styles are, finally, addressed. To conclude, we advance some repercussions, mainly in the public policies field of research, and suggest a number of different and necessary paths for further work.

Political Discourse Analysis, Sport and Scottish Independence: Provisional Reflections upon Fairclough and Fairclough's (2012) Analytical Framework.

This paper aims to reflect upon the potential analytical utility of the political discourse analysis framework proposed by Isabela Fairclough and Norman Fairclough (2012). This framework represents the most recent substantive development upon Norman Fairclough's past work situated within the wider school of Critical Discourse Analysis, building upon his influential position this methodological tradition. Central to this development is the additional emphasis placed upon the necessity to conceptualise all political discourse as 'argumentative' in nature, given that political actors are ultimately proposing or refuting particular courses of concrete future action. This paper will therefore apply Fairclough and Fairclough's model to provisional data derived from an ongoing doctoral thesis which considers the nature of political discourse relating to sport, the Glasgow 2014 Commonwealth Games and Scottish independence, with an ultimate aim of critically considering the benefits and limitations of applying this analytical framework as a methodological tool within this ongoing study.

Res Publica: Citizenship and Political Representation in Portugal, 1820-1926

The term res publica (literally “thing of the people”) was coined by the Romans to translate the Greek word politeia, which, as we know, referred to a political community organised in accordance with certain principles, amongst which the notion of the “good life” (as against exclusively private interests) was paramount. This ideal also came to be known as political virtue. To achieve it, it was necessary to combine the best of each “constitutional” type and avoid their worst aspects (tyranny, oligarchy and ochlocracy). Hence, the term acquired from the Greeks a sense of being a “mixed” and “balanced” system. Anyone that was entitled to citizenship could participate in the governance of the “public thing”. This implied the institutionalization of open debate and confrontation between interested parties as a way of achieving the consensus necessary to ensure that man the political animal, who fought with words and reason, prevailed over his “natural” counterpart. These premises lie at the heart of the project which is now being presented under the title of Res Publica: Citizenship and Political Representation in Portugal, 1820-1926. The fact that it is integrated into the centenary commemorations of the establishment of the Republic in Portugal is significant, as it was the idea of revolution – with its promise of rupture and change – that inspired it. However, it has also sought to explore events that could be considered the precursor of democratization in the history of Portugal, namely the vintista, setembrista and patuleia revolutions. It is true that the republican regime was opposed to the monarchic. However, although the thesis that monarchy would inevitably lead to tyranny had held sway for centuries, it had also been long believed that the monarchic system could be as “politically virtuous” as a republic (in the strict sense of the word) provided that power was not concentrated in the hands of a single individual. Moreover, various historical experiments had shown that republics could also degenerate into Caesarism and different kinds of despotism. Thus, when absolutism began to be overturned in continental Europe in the name of the natural rights of man and the new social pact theories, initiating the difficult process of (written) constitutionalization, the monarchic principle began to be qualified as a “monarchy hedged by republican institutions”, a situation in which not even the king was exempt from isonomy. This context justifies the time frame chosen here, as it captures the various changes and continuities that run through it. Having rejected the imperative mandate and the reinstatement of the model of corporative representation (which did not mean that, in new contexts, this might not be revived, or that the second chamber established by the Constitutional Charter of 1826 might not be given another lease of life), a new power base was convened: national sovereignty, a precept that would be shared by the monarchic constitutions of 1822 and 1838, and by the republican one of 1911. This followed the French example (manifested in the monarchic constitution of 1791 and in the Spanish constitution of 1812), as not even republicans entertained a tradition of republicanism based upon popular sovereignty. This enables us to better understand the rejection of direct democracy and universal suffrage, and also the long incapacitation (concerning voting and standing for office) of the vast body of “passive” citizens, justified by “enlightened”, property- and gender-based criteria. Although the republicans had promised in the propaganda phase to alter this situation, they ultimately failed to do so. Indeed, throughout the whole period under analysis, the realisation of the potential of national sovereignty was mediated above all by the individual citizen through his choice of representatives. However, this representation was indirect and took place at national level, in the hope that action would be motivated not by particular local interests but by the common good, as dictated by reason. This was considered the only way for the law to be virtuous, a requirement that was also manifested in the separation and balance of powers. As sovereignty was postulated as single and indivisible, so would be the nation that gave it soul and the State that embodied it. Although these characteristics were common to foreign paradigms of reference, in Portugal, the constitutionalization process also sought to nationalise the idea of Empire. Indeed, this had been the overriding purpose of the 1822 Constitution, and it persisted, even after the loss of Brazil, until decolonization. Then, the dream of a single nation stretching from the Minho to Timor finally came to an end.

As Comissões Parlamentares de Inquérito no Portugal democrático, 1976-2015

As transformações operadas no mundo contemporâneo, em especial no que respeita às estruturas do poder, à sua maior autonomização e diferenciação, tiveram particulares reflexos ao nível dos Parlamentos e das funções que prosseguem. Desde a sua origem, no passado século XIII, à atualidade, grandes acontecimentos, clivagens e factos históricos estão presentes na sua linha evolutiva. A democratização do regime parlamentar e a legitimidade outorgada através de eleições democráticas e concorrenciais são um marco ímpar na sua história. A complexidade das sociedades hodiernas catapultou o Poder Executivo em detrimento do Parlamento, enquanto órgão legislativo por excelência. Tal circunstancialismo levou, não ao proclamado declínio dos Parlamentos, mas a reformas estruturantes. Outras e mais importantes funções seriam prosseguidas. Se as iniciativas legislativas e a definição das políticas públicas passaram a ser quase um exclusivo do Governo, havia que desenvolver e ampliar, por parte dos Parlamentos, os instrumentos de controlo, fiscalização e escrutínio da ação governativa. Entre os clássicos instrumentos de controlo avulta o Inquérito Parlamentar, materializado em Comissões Parlamentares de Inquérito, dotadas de poderes especiais para recolha de informação e para investigação. No seu percurso parlamentar, também as Comissões de Inquérito foram sendo alvo de constantes aperfeiçoamentos, de ordem constitucional, legal e regimental. A excessiva partidarização da atividade parlamentar de outrora e sobretudo a confusão entre o governo e o partido que o sustentava a nível parlamentar, o confronto desequilibrado de meios entre as maiorias e as minorias, levaram a um reposicionamento do inquérito parlamentar enquanto garante do direito das minorias. Não sendo expectável que as grandes iniciativas de controlo sejam tomadas pelo partido maioritário, cabe à oposição esse papel. Em Portugal, diminuta era a tradição do instituto do inquérito parlamentar, razão porque foi efémera e sem resultado a sua utilização no tempo da monarquia constitucional. O regime democrático, abraçado com o 25 de abril de 1974, relançou o órgão de soberania Parlamento e estabeleceu prioridades. Até ao amadurecimento da democracia viveram-se tempos mais conturbados mas de grande aprendizagem. O inquérito Parlamentar, a partir da revisão constitucional de 1982, passou conceptualmente a integrar um dos meios mais relevantes da fiscalização política. É, pois, o levantamento exaustivo e a análise das Comissões Parlamentares de Inquérito no Portugal democrático, período de 1976-2015, o objetivo a que nos propomos neste estudo.

St. Catharines and District Council of Women fonds

The St. Catharines and District Council of Women was founded in 1918 and elected as its first president, Mary Malcolmson. In 1910 Mrs. Malcolmson founded North America’s first Girl Guide Association in St. Catharines. The aim of the organization was to work for the betterment of conditions pertaining to the family, community and state. The Council is an umbrella group for various women’s organizations in the area and functions at the provincial, national and international levels and is associated with the United Nations. In the early years the National Council brought in the Victorian Order of Nurses (VON) and started the Women’s Canadian Club. The St. Catharines Council initiated Child Welfare Centres in local churches that grew into the Well Baby Clinics. Women were encouraged to take political office and join committees with much success. In 1929, “Shop at Home” exhibition became an annual event highlighting the services of local merchants. Money raised by the Council was donated to local charities and in 1930 the Council assisted the local Armenian community in building the first Armenian Church in Canada. In 1932 the Council started the Maternal Welfare programme in which Mothers’ Meetings were held weekly with various speakers from the Public Health Department. In 1975 to celebrate International Women’s Year and the 1976 Centennial of the City of St. Catharines, the group sponsored the book Women of Action, 1876-1976, written by two of its members, Lily M. Bell and Kathleen E. Bray. Some time after 1976 the name of the organization changed from St. Catharines Local Council of Women to St. Catharines and District Council of Women. Today the organization functions as an advocacy and educational group.

Niagara River (Ontario) Remedial Action Plan fonds, 1984-1997, n.d.

The Niagara River Remedial Action Plan was part of an initiative to restore the integrity of the Great Lakes Basin ecosystem. In 1972, the Great Lakes Water Quality Agreement was signed by both Canada and the United States to demonstrate their commitment to protecting this valuable resource. An amendment in 1987 stipulated that Remedial Action Plans (RAPs) be implemented in 43 ecologically compromised areas known as Areas of Concern. The Niagara River was designated as one of these areas by federal and provincial governments and the International Joint Commission, an independent and binational organization that deals with issues concerning the use and quality of boundary waters between Canada and the United States. Although the affected area included parts of both the Canadian and American side of the river, Remedial Action Plans were developed separately in both Canada and the United States. The Niagara River (Ontario) RAP is a three-stage process requiring collaboration between numerous government agencies and the public. Environment Canada, the Ontario Ministry of the Environment, and the Niagara Peninsula Conservation Authority are the agencies guiding the development and implementation of the Niagara River (Ontario) RAP. The first stage is to determine the severity and causes of the environmental degradation that resulted in the location being designated an Area of Concern; the second stage is to identify and implement actions that will restore and protect the health of the ecosystem; and the third stage is to monitor the area to ensure that the ecosystem’s health has been restored. Stage one of the RAP commenced in January 1989 when a Public Advisory Committee (PAC) was established. This committee was comprised of concerned citizens and representatives from various community groups, associations, industries and municipalities. After several years of consultation, the Niagara River (Ontario) Remedial Action Plan Stage 2 Report was released in 1995. It contained 16 goals and 37 recommendations. Among them was the need for Canadians and Americans to work more collaboratively in order to successfully restore the water quality in the Niagara River. Stage three of the Niagara River (Ontario) RAP is currently ongoing, but it is estimated that it will be completed by 2015. At that point, the Niagara River Area of Concern will be delisted, although monitoring of the area will continue to ensure it remains healthy.

Toward a Political Theory of Environmental Policy.

This paper makes some steps toward a formal political economy of environmental policy. Economists' quasi-unanimous preferences for sophisticated incentive regulation is reconsidered. First, we recast the question of instrument choice in the general mechanism literature and provide an incomplete contract approach to political economy. Then, in various settings, we show why constitutional constraints on the instruments of environmental policy may be desirable, even though they appear inefficient from a purely standard economic viewpoint.

Perfectionism, Economic (dis)Incentives, and Political Coercion

May a government attempt to improve the lives of its citizens by promoting the activities it deems valuable and discouraging those it disvalues? May it engage in such a practice even when doing so is not a requirement of justice in some strict sense, and even when the judgments of value and disvalue in question are likely to be subject to controversy among its citizens? These questions have long stood at the center of debates between political perfectionists and political neutralists. In what follows I address a prominent cluster of arguments against political perfectionism—namely, arguments that focus on the coercive dimensions of state action. My main claim is simple: whatever concerns we might have about coercion, arguments from coercion fall short of supporting a thoroughgoing rejection of perfectionism, for the reason that perfectionist policies need not be coercive. Thlist challenges to this last claim.