'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

From the "pólis" to the modern state: an approach to the problem of politics in Heidegger

This paper starts off asking whether a strictly political approach may be deduced based on Martin Heidegger’ ontological analyses of modernity. His interpretation of the Greek phenomenon of the polis is discussed along with the distinction established therein between this form of community and the modern state, founded according to Heidegger on the metaphysical essence of modernity. To clarify this question regard is had to the proclamation of values observed by Heidegger in the different forms of state organization arising in the age of technical consummation of metaphysics. In this connection, his vision of nihilism is studied and a hypothesis is finally offered as to the form of state that would be consistent with a renunciation of the values required, in his view, by the manifestation of the entity in modernity as a wholly producible object.

Textualising British Politics: Deconstructing the subject of British foreign policy

British politics has been described as a sub-discipline crying out for methodological and ideational cross-fertilisation. Where other areas of political science have benefited from new ideas, British politics has remained largely atheoretical and underdeveloped. This has changed recently with the rise of interpretivism but the study of British politics would also benefit from more serious engagement with poststructuralism. With this in mind, I examine how the thought of Jacques Derrida and deconstruction could be useful for thinking through the foundations of British politics, re-examining what appears natural or given and revealing the problematic and contradictory status of these foundations. After suggesting the need to 'textualise' British politics', I illustrate how deconstruction operates in a specific context, that of British foreign policy since 1997. This exploration reveals how certain decisions (such as the invasion of Iraq in 2003) became possible in the first place, and how their basis in an idea of an 'us' and a 'them', a coherent, autonomous subject separate from its object, is deeply problematic. Such a critical reading of British politics is impossible within the dominant interpretivist framework, and opens up new possibilities for thought which form an important supplement to existing ways of studying the field.

From Rights to Compassion: The D Case and Contemporary Abortion Politics

This chapter is concerned with exploring the dynamics of contemporary debate on women’s reproductive choices and rights in the somewhat transformed social, political and economic context of the Republic of Ireland. News coverage of the events of April and May 2007 provide the focus of attention, as the case of ‘D’, a 17 year old in the temporary care of the state, seeking to terminate her pregnancy after a diagnosis of severe foetal abnormality, became yet again a focus of public debate on abortion access within the state. The analysis explores how the issues this case raised were framed in the public domain, in order to consider the shifting moral grammar shaping the debate. The paper explores the ways in which this case illustrates the ongoing tensions between changing characterisations of Irishness, and the social dynamics of access to reproductive rights, particularly for national minors in the care of the state.