Democracy Matters: Lessons from the 2015 Citizens' Assemblies on English Devolution

The Citizens’ Assembly pilots on local democracy and devolution were the first of their kind in the United Kingdom. Organised by Democracy Matters — an alliance of university researchers and civil society organisations led by Professor Matthew Flinders — and funded by the UK’s Economic and Social Research Council, the Assemblies took place in Southampton and Sheffield towards the end of 2015.

See you in Geneva? Democracy, the Rule of Law and the WTO (Working Paper 16)

This paper is a constructivist attempt to understand a global political space where states as actors (the traditional domain of international relations theory and international law) are joined by international organizations, firms, NGOs, and others. Today we know that many supposedly private or international orders (meaning sources of order other than the central institutions of the territorial state) are engaged in the regulation of large domains of collective life in a world where the sources of power are multiple, sovereignties are overlapping, and anarchy is meaningless. The paper begins with an attempt, discussed in the first section, to sort out what the rule of law might mean in the context of the WTO, where we soon see that it can only be understood by also considering the meaning of Administrative Law. Much of the debate about rule of law depends on positivist and centralist theories of “law,” whose inadequacy for my purposes leads, in the second section, to a discussion of legal pluralism and implicit law in legal theory. These approaches offer an alternative theoretical framework that respects the role of the state while not seeing it as the only source of normativity. The third section looks directly at WTO law and dispute settlement. I tr y to show that the sources and interpretations of law in the WTO and the trading system cannot be reduced to the Dispute Settlement Body. I conclude in the fourth section with some suggestions on how a WTO rule of law could be understood as democratic.

The institutional design of intra-party democracy through legal instruments: Turkish case

The importance of political parties for contemporary representative democracies is beyond dispute. Despite their significance for state-level democracy, political parties continue to be regarded as oligarchical and to be criticised because of their internal practices. For this reason, intra-party democracy (IPD) warrants in-depth analysis. This thesis investigates IPD in Turkey, primarily from the perspective of participatory democracy, with the purpose of suggesting reforms to the Turkish Political Parties Law (TPPL). Turkish political parties and Turkish party regulation provide an interesting case because there is a significant difference between mature democracies and Turkey regarding IPD regulation. IPD in established democracies has always been regarded as a private concern of parties and has been left unregulated. IPD in Turkey, by contrast, is provided for both by the constitution and the TPPL. Although IPD is a constitutional and legal requirement in Turkey, however, political parties in fact display a high level of non-democratic administration. The main reason is that the TPPL only pays lip service to the idea of IPD and requires no specific measures apart from establishing a party congress with a representative form of democracy. By establishing and holding party congresses, political parties are perceived as conforming to the requirements of IPD under the law. In addition, the contested nature of democracy as a concept has impeded the creation of efficacious legal principles. Thus, the existing party law fails to tackle the lack of IPD within political parties and, for this reason, is in need of reform. Furthermore, almost every Turkish party’s own constitution highlights the importance of IPD and promises IPD. However, these declared commitments to IPD in their constitutions alone, especially in countries where the democratic culture is weak, are unlikely to make much difference in practice. Accordingly, external regulation is necessary to ensure the protection of the rights and interests of the party members with regards to their participation in intra-party decision-making processes. Nevertheless, in spite of a general consensus in favour of reforming the TPPL, a lack of consensus exists as to what kind of reforms should be adopted. This thesis proposes that reforming the TPPL in line with an approach based on participatory democracy could provide better IPD within Turkish political parties, citing as evidence comparative case studies of the participatory practices for policy-making, leadership selection and candidate selection in mature democracies. This thesis also analyses membership registration and the effect of state funding on IPD, which are highly problematic in Turkey and represent impediments to the flourishing of IPD.

Agonism Reloaded: Potentia, Renewal and Radical Democracy

This article focuses on the agonistic account of renewal and discusses its place within the broader horizon of radical democracy. It suggests that while the emphasis which agonistic theorists place on difference and popular struggles (particularly social movement politics) ensures some common ground with other theories of radical democracy, their account of renewal also displays some marked differences. The article explores these differences and discusses whether agonism is sufficient to address the limits of the current neoliberal order.

Ensayo ganador del VII premio Enrique Ruano Casanova: La presencia del crucifijo en las aulas. Jurisprudencia nacional y europea

Cuando se aprueba la Constitución Española en 1978, España se convierte en un Estado aconfesional, reconociendo por primera vez un verdadero derecho de libertad religiosa de todos los individuos. Precisamente, el ejercicio de esta libertad en una situación de igualdad ha originado diversas polémicas desde que se instauró la democracia. Una de las controversias que más repercusión ha tenido en los últimos años viene determinada por la presencia de los crucifijos u otros símbolos en las aulas de algunos colegios públicos, cuestión que ha sido abordada por los tribunales españoles, así como por el Tribunal Europeo de Derechos Humanos.

Democracy lessons in market-oriented schools : The case of Swedish upper secondary education

Based on recent ethnographic research, this article explores young people’s opportunities of formal and informal democracy learning and expressions of such learning in the highly market-influenced Swedish upper secondary education. With its ambitious democracy-fostering goals and far-reaching marketisation, Swedish education constitutes an interesting case in this respect. The analysis indicates that ‘voting with the feet’ emerges as an important way of exerting student influence. At the same time, young people’s voice is surprisingly neglected in classroom practice. Increased focus on performance and goal attainment tends to overshadow less ‘rewarding’ aspects of the curriculum, such as democracy teaching and learning, both from the side of teachers and students. Students are also increasingly expected to act as school representatives and to avoid giving negative impressions of their school.

Democratic Citizenship - A Conditioned Apprenticeship : A Call for Destabilisation of Democracy in Education

We live in times when the search for a citizenship education that can transcend national, ethnical and cultural borders is an important part of educational policy. In times of increased pressure by the European Union on its nation states to provide for nation-transcending democracy, this question becomes crucial for national policymaking in Europe. In this text, Swedish education policy will be taken as a case in point in order to shed light on how this question is being handled in this particular national policy setting. It is argued that the policy’s citizen fostering agenda tends to be counterproductive in the sense that it is still situated in national notions of the relationship between democracy and education, which tend to exclude certain individuals and groups of people on an age-related and (ethno) cultural basis. It is further argued that these excluding features can be related to educational ideas about socialisation. The aim of this text is underlined by suggesting a different way of framing democracy and democratic citizenship education: to increase the potential of education as regards the renewal of democracy and democratic citizenship.

Rethinking What is Necessary in a Democratic Society: Militant Democracy and the Turkish State

Questions relating to contemporary understandings of democracy continue to preoccupy the academic landscape, from politics to law—how does one define democracy; is it necessary to recalibrate the concept of democracy to meet the exigencies of the current global security "crisis" and, following from this, how does one understand (and control) the democratic relationship of representation and accountability between citizen and state? Although those writing on the recalibration of democratic theory come from different points of departure, they often arrive at a similar conclusion; namely that this global era poses significant challenges to contemporary understandings of democracy. This article identifies and focuses on one challenge posed by the concept of “militant” democracy against the backdrop of the Turkish case.

From global advocacy to local resistance. Benin's experience of competency-based school curriculum

In the vein of the "Education for All" campaign to promote access to education, a wave of curriculum revision along the competency-based approach has swept francophone countries in sub-Sahara Africa, thus Benin. The current study documents local actors' various interactions with the curricular reform in the course of its implementation. Secondary data supplemented with qualitative research techniques such as semi-structured interviews with teachers, and focus group discussions with parents enable to relate the patterns of change, the challenges and resistance to change. The actors spectrum generated illustrates advocacy on one hand and resistance on the other. Advocacy of local actors reflects the global optimistic discourse on education and resistance is favoured by disappointing policy outcomes as well as contextual constraints. (DIPF/Orig.)