A evolução das coleções públicas em contexto democrático : políticas de incorporação e vetores de crescimento nos museus de arte da administração central do estado : 1974-2010

Tese de doutoramento, Belas-Artes (Ciências da Arte), Universidade de Lisboa, Faculdade de Belas-Artes, 2014

Explaining party cohesion and discipline in democratic legislatures: purposiveness and contexts

Legislative party discipline and cohesion are important phenomena in the study of political systems. Unless assumptions are made that parties are cohesive and act as unified collectivities with reasonably well-defined goals, it is really difficult, if not impossible, to consider their electoral and legislative roles usefully. But levels of legislative party cohesiveness are also important because they provide us with crucial information about how legislatures/ parliaments function and how they interact with executives/governments. Without cohesive (or disciplined) parties,1 government survival in parliamentary systems is threatened because executive and legislative powers are fused while in separated systems presidents' bases of legislative support become less stable. How do we explain varying levels of legislative party cohesion? The first part of this article draws on the purposive literature to explore the benefits and costs to legislators in democratic legislatures of joining and acting collectively and individualistically within political parties. This leads on to a discussion of various conceptual and empirical problems encountered in analysing intra-party cohesion and discipline in democratic legislatures on plenary votes. Finally, the article reviews the extant empirical evidence on how a multiplicity of systemic, party-levels and situational factors supposedly impact cohesion/discipline levels. The article ends with a discussion of the possibilities and limitations of building comparative models of cohesion/discipline.

The Media as a Window on the Past? The Impact of Television and Newspaper Consumption on Knowledge of the Democratic Transition in Portugal

This study seeks to expand our understanding of how the media increase the level of political information, by focusing on an understudied yet important learning outcome: knowledge of the political past. The article explores the factors underlying variation in the recognition of the leading actors in the transitional process in Portugal. The results show that television news and newspaper exposure foster recognition of these actors, but that media use interacts with personal experience of the transition (stronger effects among younger cohorts) and party identification (stronger impact on those who do not feel close to a political party).

Congressional acquiescence to presidentialism in the US ‘War on Terror’

Congressional dominance theory holds that not only can the US Congress control the executive, it does. The terrorist attacks on New York and Washington on 11 September 2001 and the Bush administration's ensuing global 'war on terror' suggest a different result. Bush's response to 9/11 signalled not only new directions in US foreign and domestic policy but a new stage in the aggrandisement of presidential power in the United States and a further step in the marginalisation of the Congress. Informed by a constitutional doctrine unknown to the framers of the US Constitution, the Bush administration pursued a presidentialist or 'ultra-separationist' governing strategy that was disrespectful to the legislature's intended role in the separated system. Using its unilateral powers, in public and in secret, claiming 'inherent' authority from the Constitution, and exploiting the public's fear of a further terrorist attack and of endangering the lives of US troops abroad, the administration skilfully drove its legislation through the Congress. Occasionally, the Congress was able to extract concessions - notably in the immediate aftermath of 9/11, when partisan control of the government was split - but more typically, for most of the period, the Congress acquiesced to administration demands, albeit with the consolation of minor concessions. The administration not only dominated the lawmaking process, it also cowed legislators into legitimating often highly controversial (and sometimes illegal) administration-determined definitions of counter-terrorism and national security policy. Certainly, the Congress undertook a considerable amount of oversight during the period of the 'war on terror'; lawmakers also complained. But the effects on policy were marginal. This finding held true for periods of Democratic as well as Republican majorities.

The resilience of democratic institutions in Britain, Australia and the United States under conditions of total war

To what extent are democratic institutions resilient when nation states mobilise for war? Normative and empirical political theorists have long argued that wars strengthen the executive and threaten constitutional politics. In modern democracies, national assemblies are supposed to hold the executive to account by demanding explanations for events and policies; and by scrutinising, reviewing and, if necessary, revising legislative proposals intended to be binding on the host society or policies that have been implemented already. This article examines the extent to which the British and Australian parliaments and the United States Congress held their wartime executives to account during World War II. The research finds that under conditions approaching those of total war, these democratic institutions not only continued to exist, but also proved to be resilient in representing public concerns and holding their executives to account, however imperfectly and notwithstanding delegating huge powers. In consequence, executives—more so British and Australian ministers than President Roosevelt—were required to be placatory as institutional and political tensions within national assemblies and between assemblies and executives continued, and assemblies often asserted themselves. In short, even under the most onerous wartime conditions, democratic politics mattered and democratic institutions were resilient.

Parties in democratic national assemblies: comparative assessment of parliaments note

This paper argues that the analysis of democratic national assemblies is not only impossible without discussing political parties, but also incomprehensible without recognizing parties as the most significant organizations within them. Parties have structured political groupings and demands on government even before assemblies were democratically elected. And although parties may be in decline as institutions mediating between society and government in the current era, they remain significant as organizing forces within government. The paper first explains the origins of party organizations within parliaments by exploring why individual members and the assemblies taken as a whole need parties: what are their costs and benefits? It then describes the manner in which party organizations operate in different national assembly chambers. The third section analyses types and sources of party influence, including the role played by party leaders in manipulating legislative agendas, structuring Members’ policy choices and shaping policy outcomes. The final section reviews how politi- cal scientists have sought to explain intra-party cohesion and discipline across different national assemblies.

The Potential of Participedia as a Crowdsourcing Tool for Comparative Analysis of Democratic Innovations

For two reasons, our capacity for systematic comparison of innovative participatory democratic processes remains limited. First, the category of participatory democratic innovations remains relatively vague when compared to more traditional democratic institutions and practices. Second, until recently there existed no large-sample databases that captured relevant variables in the practice of democratic innovation. The lone exception to these patterns is the Participedia database, located online. Participedia is well placed to respond to the two obstacles to systematic comparative research on democratic innovation. First, its crowdsourced data collection strategy means that many of the cases on the platform are not well known and have not been the subject of sustained academic analysis. Second, the data captured in the articles provides the basis for systematic comparative analysis of democratic innovations both within type (e.g., participatory budgeting, mini-publics) and across types. The platform allows for systematic content analysis of text descriptions and/or statistical analysis of the datasets generated from the structured data fields. This article describes the data about innovative participatory democratic processes available from Participedia, and furnishes examples of the kinds of quantitative and qualitative insights about those processes that Participedia enables.

Tackling the terrorists: the experience of internment without trial in Northern Ireland

In August 1971, the devolved Stormont administration in Northern Ireland introduced internment without trial of those suspected of involvement in IRA terrorism. Ever since, the policy has been regarded as an abject failure. This article will reassess many of the key questions about internment: why did the Northern Ireland government introduce it when it did? Why did the Westminster government agree to a measure without parallel in British peacetime history? Why did it fail, when it had worked before? Was internment always doomed, or only because it was badly implemented? What was the alternative? How does the liberal democratic state defend itself against violent subversion without itself resorting to brutality and violence? This article is based on archival research in Great Britain, Northern Ireland and the Republic of Ireland, and on interviews with former internees, politicians and civil servants, and former members of the security forces. It suggests that internment was a relatively humane and honest policy and might, in different circumstances, have spared Northern Ireland thirty years of murder and mayhem.

Implementação de ações estratégicas: participação dos alunos na vida da escola

O presente trabalho de projeto resulta de um estudo dos espaços de participação, dos alunos dos 2.º e 3.º ciclo do ensino básico, na vida da escola, permitindo a construção de um dispositivo de intervenção, que pretende implementar ações estratégicas que visem a ampliação desses espaços de participação. O seu desenvolvimento teórico assenta na necessidade da revitalização da cultura democrática participativa, através de uma maior e melhor participação. Neste campo, a escola, como lugar de interação quotidiana dos seus alunos, tem um papel importante a desempenhar na capacitação de uma participação ativa. Para tal urge a necessidade de implementação de ações estratégicas, em coerência com os documentos estruturantes da organização e de todos os seus órgãos de administração e gestão, de forma a instituir a mudança e a inovação na cultura de trabalho como um dos aspetos chave para o sucesso organizacional da escola. O trabalho de projeto foi realizado numa escola pública dos 2.º e 3.º ciclos e a amostra do estudo, foi composta por 401 alunos dos 2.º e 3.º ciclos e 31 professores Diretores de Turma. Os instrumentos de recolha de dados foram dois inquéritos por questionário, um para aplicar aos alunos, e outro aos Diretores de Turma, e a análise de conteúdo dos documentos orientadores da escola. Os resultados mostraram que os alunos possuem uma débil participação na vida da escola, quer ao nível dos documentos orientadores, quer na sua representação nos diferentes órgãos. No plano de ação, é apresentado um conjunto de propostas, que pretendem constituir-se como um dispositivo para colmatar esta debilidade.

A intervenção dos orgãos de polícia criminal em sede de julgamento

Currently, Portugal assumes itself as a democratic rule of substantive law State, sustained by a legal system seeking the right balance between the guarantee of fundamental rights and freedoms constitutional foreseen in Portugal’s Fundamental Law and criminal persecution. The architecture of the penal code lies with, roughly speaking, a accusatory basic structure, “deliberately attached to one of the most remarkable achievements of the civilizational democratic progress, and by obedience to the constitutional commandment”, in balance with the official investigation principle, valid both for the purpose of prosecution and trial. Regarding the principle of non self-incrimination - nemo tenetur se ipsum accusare, briefly defined as the defendant’s right of not being obliged to contribute to the self-incrimination, it should be stressed that there isn’t an explicit consecration in the Portuguese Constitution, being commonly accepted in an implicit constitutional prediction and deriving from other constitutional rights and principles, first and foremost, the meaning and scope of the concept of democratic rule of Law State, embedded in the Fundamental Law, and in the guidelines of the constitutional principles of human person dignity, freedom of action and the presumption of innocence. In any case, about the (in) applicability of the principle of the prohibition of self-incrimination to the Criminal Police Bodies in the trial hearing in Court, and sharing an idea of Guedes Valente, the truth is that the exercise of criminal action must tread a transparent path and non-compliant with methods to obtain evidence that violate the law, the public order or in violation of democratic principles and loyalty (Guedes Valente, 2013, p. 484). Within the framework of the penal process relating to the trial, which is assumed as the true phase of the process, the witness represents a relevant figure for the administration of criminal justice, for the testimonial proof is, in the idea of Othmar Jauernig, the worst proof of evidence, but also being the most frequent (Jauernig, 1998, p. 289). As coadjutant of the Public Prosecutor and, in specific cases, the investigating judge, the Criminal Police Bodies are invested with high responsibility, being "the arms and eyes of Judicial Authorities in pursuing the criminal investigation..." which has as ultimate goal the fulfillment of the Law pursuing the defense of society" (Guedes Valente, 2013, p. 485). It is in this context and as a witness that, throughout operational career, the Criminal Police Bodies are required to be at the trial hearing and clarify the Court with its view about the facts relating to occurrences of criminal context, thus contributing very significantly and, in some cases, decisively for the proper administration of the portuguese criminal justice. With regards to the intervention of Criminal Police Bodies in the trial hearing in Court, it’s important that they pay attention to a set of standards concerning the preparation of the testimony, the very provision of the testimony and, also, to its conclusion. Be emphasized that these guidelines may become crucial for the quality of the police testimony at the trial hearing, thus leading to an improvement of the enforcement of justice system. In this vein, while preparing the testimony, the Criminal Police Bodies must present itself in court with proper clothing, to read before and carefully the case files, to debate the facts being judged with other Criminal Police Bodies and prepare potential questions. Later, while giving his testimony during the trial, the Criminal Police Bodies must, summing up, to take the oath in a convincing manner, to feel comfortable, to start well by convincingly answering the first question, keep an attitude of serenity, to adopt an attitude of collaboration, to avoid the reading of documents, to demonstrate deference and seriousness before the judicial operators, to use simple and objective language, to adopt a fluent speech, to use nonverbal language correctly, to avoid spontaneity responding only to what is asked, to report only the truth, to avoid hesitations and contradictions, to be impartial and to maintain eye contact with the judge. Finally, at the conclusion of the testimony, the Criminal Police Bodies should rise in a smooth manner, avoiding to show relief, resentment or satisfaction, leaving a credible and professional image and, without much formality, requesting the judge permission to leave the courtroom. As final note, it’s important to stress that "The intervention of the Police Criminal Bodies in the trial hearing in Court” encloses itself on a theme of crucial importance not only for members of the Police and Security Forces, who must welcome this subject with the utmost seriousness and professionalism, but also for the proper administration of the criminal justice system in Portugal.

Fostering e-participation sustainability through a BPM-driven semantic model

According to a recent Eurobarometer survey (2014), 68% of Europeans tend not to trust national governments. As the increasing alienation of citizens from politics endangers democracy and welfare, governments, practitioners and researchers look for innovative means to engage citizens in policy matters. One of the measures intended to overcome the so-called democratic deficit is the promotion of civic participation. Digital media proliferation offers a set of novel characteristics related to interactivity, ubiquitous connectivity, social networking and inclusiveness that enable new forms of societal-wide collaboration with a potential impact on leveraging participative democracy. Following this trend, e-Participation is an emerging research area that consists in the use of Information and Communication Technologies to mediate and transform the relations among citizens and governments towards increasing citizens’ participation in public decision-making. However, despite the widespread efforts to implement e-Participation through research programs, new technologies and projects, exhaustive studies on the achieved outcomes reveal that it has not yet been successfully incorporated in institutional politics. Given the problems underlying e-Participation implementation, the present research suggested that, rather than project-oriented efforts, the cornerstone for successfully implementing e-Participation in public institutions as a sustainable added-value activity is a systematic organisational planning, embodying the principles of open-governance and open-engagement. It further suggested that BPM, as a management discipline, can act as a catalyst to enable the desired transformations towards value creation throughout the policy-making cycle, including political, organisational and, ultimately, citizen value. Following these findings, the primary objective of this research was to provide an instrumental model to foster e-Participation sustainability across Government and Public Administration towards a participatory, inclusive, collaborative and deliberative democracy. The developed artefact, consisting in an e-Participation Organisational Semantic Model (ePOSM) underpinned by a BPM-steered approach, introduces this vision. This approach to e-Participation was modelled through a semi-formal lightweight ontology stack structured in four sub-ontologies, namely e-Participation Strategy, Organisational Units, Functions and Roles. The ePOSM facilitates e-Participation sustainability by: (1) Promoting a common and cross-functional understanding of the concepts underlying e-Participation implementation and of their articulation that bridges the gap between technical and non-technical users; (2) Providing an organisational model which allows a centralised and consistent roll-out of strategy-driven e-Participation initiatives, supported by operational units dedicated to the execution of transformation projects and participatory processes; (3) Providing a standardised organisational structure, goals, functions and roles related to e-Participation processes that enhances process-level interoperability among government agencies; (4) Providing a representation usable in software development for business processes’ automation, which allows advanced querying using a reasoner or inference engine to retrieve concrete and specific information about the e-Participation processes in place. An evaluation of the achieved outcomes, as well a comparative analysis with existent models, suggested that this innovative approach tackling the organisational planning dimension can constitute a stepping stone to harness e-Participation value.

As peculiaridades da democratização da região do Cáucaso do Sul no contexto da Política Europeia de Vizinhança

O período após o colapso da União Soviética foi o tempo da procura de novas identidades na nova realidade e de escolha de novos parceiros e aliados, o tempo da construção de novos estados e de formulação das regras e normas nacionais. Após o desmoronamento da ideologia soviética - um facto reconhecido oficialmente durante o período da Perestroika –, as pessoas sentiram uma necessidade de preencher o vácuo ideológico e desenvolver uma nova identidade. Foi proclamada a rejeição da estrutura política administrativa herdada da União Soviética e do sistema de economia planificada, e desenvolvida a tendência para a construção do estado democrático fundado numa economia de mercado. As expectativas relativas às transformações no período pós-soviético estavam relacionadas com o Ocidente (EUA e UE), e a construção do estado soberano foi fundada em modelos ocidentais de estado de direito, ‘boa governança’ e a economia de mercado. A UE desempenhou um papel importante na democratização dos estados da região do Sul do Cáucaso através de vários projetos e programas bilaterais e multilaterais no âmbito da Política Europeia de Vizinhança e da Parceria Oriental. Embora as reformas democráticas tenham sido realizadas com vista ao estabelecimento de uma Constituição democrática, à implementação de eleições democráticas e ao desenvolvimento da sociedade civil, fortaleceram, também, ainda mais, a natureza autoritária do poder, impediram a criação de um estado de direito, reforçaram violação dos direitos e das liberdades humanas. (NODIYA, 2003: 30; BAKHMAN, 2003: 17; BADALOV, 2003: 20). Deste modo, o processo da promoção da democracia através das reformas nos três estados do Sul do Cáucaso conduziu à criação de estados de “conteúdo autocrático misto, mas de forma democrática” (CHETERYAN, 2003: 41). Embora seja possível identificar as semelhanças entre os três estados da região do Sul do Cáucaso nas reformas do processo de desenvolvimento, os métodos e meios de implementação de reformas nas realidades dos estados regionais pela administração nacional foram bastante diferentes, por razões associadas às especificidades de cada um (DELCOUR e WOLCZUK, 2013: 3). Cada país é caracterizado pelas suas peculiaridades ao nível da situação geopolítica e diversidade do potencial económico – fatores que definem a trajetória política e económica do estado no período pós-soviético e, em certa medida, influenciam o modo como se desenvolvem as relações com a UE e, portanto, o processo de adoção das reformas e a sua introdução a nível nacional.