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Two distinct but related themes pervade discussions on globalization, and the restructuring of the State. There is on the one hand the nationalist anxiety about the erosion of the national space to pursue social policies. On the other hand there is the cosmopolitan excitement about new governance, soft regulation and the promise of democratic experimentalism. This paper attempts to rationally vindicate nationalist anxiety through a concrete, historical/structural analysis of the transformations in the post-colonial State and its sovereign power.I focus on role of the state in the development process. I will make three arguments. First, nationalist anxiety fails to capture the specificities of the post-colonial development state. Second, the experience of states to go beyond "chastened neo-liberalism" no longer fits any one development model. Ruling elites and policy makers eclectically combine elements from competing development models. Their eclecticism is the effect of disenchantment with the policy determinism within the different development models. Third, in this disenchanted, post-development policy landscape, critical evaluation of the real effects of development policies, and the relative success and failure of any particular country's experience, can be best conducted holistically focusing on how these policies work with and against each other. This can be best done from the perspective of the state and its normative order as a whole.I will develop these arguments by exploring, in the context of Egypt, the structural relations linking regulation of foreign investment, "Export Processing Zones," transformations in state bureaucracy, informality, and the state of emergency. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper inquires whether it is possible to export liberal democracy to countries which do not share a tradition based on the individual. Although usually considered as part of the Western democratic tradition, a socio-legal analysis of the Greek Constitution will reveal how the French model which has inspired it has been altered to the detriment of fundamental liberties and rights. A mistaken conception of the relationship between State and Church appears as crucial in the politicization and secularization of the Church and in the creation of a religious, "believing State". The lack of separation between Church and State shows the Greek incongruence of two co-existing drives: a) westernization; b) loyalty to the Orthodox tradition of pre-modern, community- and family-oriented values. In conclusion the displacement of Western constitutional models has resulted in a clash between the liberal concept of individual and the Christian concept of persona. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This article addresses the relationship between administrative law and democracy by examining the development of administrative litigation in China since the law formalizing judicial review of government action was introduced in 1989. My inquiry proceeds in three main parts. First, I consider the degree to which the availability of judicial review has served to strengthen the application of state law to government action. Drawing on my own and other available field research, I find evidence of some positive contributions in this regard, including examples of autonomous development of legal institutions and of legal professionalization within government departments. Nevertheless, the weight of the evidence suggests that extra-legal factors remain dominant in the resolution of citizen grievances, and in the incentives which structure government action.Building on these empirical findings, I proceed to consider what sort and degree of legalization of government action might be possible in an authoritarian setting. On the same evidence, I also note some limits to what legalization can contribute to socially beneficial and non-abusive governance in the first place. This analysis advances two distinct arguments for some greater degree of political pluralism in China: first, as a source of support for legal institutions, and second, as a source for political accountability where legal accountability is difficult to fashion or easy to evade.I conclude by noting some unexpected ways in which the experience of administrative litigation, whether or not lawsuits are successful on their own terms, may be contributing to the emergence of greater political pluralism in China. In particular, I focus on four overlapping areas of political activity and discourse that are rooted in administrative litigation: the regularized contention between citizens and the State that it sanctions; the narratives of government wrongdoing it can produce; the various types of interest groups it can help develop; and the accountability-based discourse it supports. I do not claim that these political dimensions of administrative litigation necessarily will lead to multi-party elections in China, but that they do represent a certain degree of political pluralism, in and of themselves, and may help open up space for greater degrees of pluralism in the future. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Since September 11, 2001 terror has been a word in the forefront of the minds of many Americans. Terror was one of the reasons given for the war in Iraq, as was a desire to "free the Iraqis" from their own source of terror, a ruthless dictator. This study examines the language used in media reports of the war in Iraq between September 12, 2006 and January 12, 2007 in all articles mentioning the war in the New York Times. Words used to describe events in Iraq are analyzed to understand how the war is conceptualized. Reasons for remaining in Iraq, and debates on why the United States went there are analyzed for word content and sources quoted, since some sources have more authority than others. Any mention of democracy, enhanced freedom, or restricted rights are also examined to present a picture of how the war in Iraq is portrayed in the New York Times. While violence is an essential part of war, it can be portrayed in numerous ways, and the framing of war can influence how citizens view it and policies related to war. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Monika Nalepa will discuss the relationship between negotiated transitions from authoritarian rule and transitional justice. For such negotiations to be successful, the opposition must ensure outgoing autocrats that they will not be punished with transitional justice after they step down from positions of control. But how can these promises be credible, if the opposition has incentives to punish the former autocrats after it is voted into power in democratic elections? ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper focuses on one of the most powerful forms of civic participationâ??lay juries as decision-makers in criminal trials. My research examines countries that have some form of the jury as a part of their criminal justice system either currently or in the past. My main research questions are what factors account for the success or failure of a jury system in a country and how juries are tied to democracy. This paper explores those issues, especially the ways in which lay participation in criminal trials is seen as a mechanism of protecting citizens from abuses of power by the state or as a mechanism of racism and inequality. I argue that the perception of juries in a society, and thus the success of a jury system, is primarily dependent on past experiences with the jury, the racial make-up of the society, and perceptions of the judiciary. Although there are other factors that affect whether a country utilizes the jury system, such as whether it is a former British colony and whether it is based on the Common Law tradition, these factors are secondary to the bigger societal factors. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

As the title indicates, this paper considers the problem of civic education in a constitutionalist order. The animating question is: To what extent may a constitutionalist order regulate education so as to (re-)produce its own citizens? The paper proceeds in three parts. First, it reviews present-day liberal-democratic arguments for a strong program of civic education. Second, it provides a comparative history of two sets of educational policies in the United States: one concerning the education of American Indian children through the 19th century and another concerning the education of African Americans after the Civil War. Third, it considers constitutionalist justifications for and objections to muscular programs of civic education. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The paper rethinks democracy in light of evidence and analysis showing pornography to be a harmful practice of sex inequality. The question is what is in the way for democracies to address these harms and deliver equality. Empirical conditions as well as political-, legal-, and feminist theory - including implications from new developments in international human rights law -are drawn upon to address the problem. Most prior political or legal research has criticized, defended, or proposed alterations to existing laws. By contrast, the civil rights approach created by Andrea Dworkin and Catharine MacKinnon in 1983 - an early inspiration to feminist democratic theory - is the most original work so far. This paper contributes to cumulative research by comparatively analyzing political responses to legal challenges in three countries where subordination based on gender - not moral notions such as "obscenity" - has been the driving rationale for change. The cases for comparison are Canada, focusing on the 1989 Butler decision and its aftermath, Sweden, focusing on the Swedish 1998 Act Against Purchase of Sexual Services, and the United States, focusing on state- and federal responses to the anti-pornography civil rights legislation. This material represents similar consumption and distribution of similar pornography materials across a broad range of legal frameworks and approaches.Preliminary results show that even modified obscenity laws recognizing inequality and harm are ineffective, since they rely on "community standards" and exhaustive criminal requisites that won't empower those victimized. Similarly, strong democratic ideals such as deliberative consensus-making, or "democratic elitism" where certain freedoms are protected against mass-politics, cannot account for victimized social groups not adequately represented. Furthermore, criminal laws against purchasers of sexual service, while reducing the demand, do not empower prostituted women. In all cases institutional structures representing victimized women and providing empowering remedies are desperately needed. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

What roles can liberal cause lawyers play in defending and promoting civil liberties and democracy in an semi-authoritarian regime? What are the opportunities and constraints of engaging in liberal cause lawyering in an semi-authoritarian regime? In thinking about these questions, this paper examines Hong Kong. Hong Kong provides a natural experiment - an existing court with independent powers in a political system in which sovereignty was transferred from Britain to China a decade ago. Since the change in the sovereignty, Hong Kong has witnessed a dramatic rise of legal mobilization. Citizens and social groups are increasingly going to the courts to challenge the Hong Kong government. A group of liberal cause lawyers have played a critical role in the processes, as they have represented the litigants in the majority of civil rights and public policy litigation in the appellant courts.This paper studies the rise of liberal cause lawyering in post-colonial Hong Kong, including their origins, roles, opportunities, constraints and impact. It argues that these liberal cause lawyers have played an important but under-studied role in promoting and sustaining the rule of law in Hong Kong. The paper is primarily based on the author's interviews with liberal cause lawyers, rights advocacy organizations and government officials. I will also draw data from local newspapers, magazines and books. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Till today, there exists no straight-jacket formula for testing the legitimacy of governments. The idea of legitimacy is a predominantly fluid idea which changes with the change in society. This paper seeks to establish the relationship between the legal concept of legitimacy and the state of the society. The ideas to assess legitimacy that have been put forth are over simplified. This paper thus advocates an elaborate idea - initially put forth by Aspremont - which breaks legitimacy down into two - legitimacy of origin and legitimacy of exercise. Simply put, the first refers to how a government comes to power and the latter refers to the way in which utilizes the power. Thus a monochrome view of the concept of legitimacy needs to give way to a spectral view of both origin and exercise, under which both need to be accorded weight in testing for legitimacy. Thee paper also analyses the role of recognition in determining the legitimacy of a government. The main question that the paper would seek to answer is whether democracy has become the touchstone of legitimacy in the present day world? The answer to this would involve a discourse into the much talked about procedural and the less talked about substantive elements of a democracy. This would be buttressed by an analysis of some of the governments of the present as well as the past. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper seeks to determine the value of shareholder activism to the corporation, its shareholders and the securities market. The objective of the paper is to determine if shareholder activists' campaign for increased shareholder power, including without limitation, their efforts to dismantle staggered boards, ensure the adoption of majority voting, and obtain proxy access, will have a positive impact on the market and other shareholders. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper takes as its starting point the proposition, shared by an increasing number of scholars, that envisioning and working towards a single bi-national constitutional democracy in Israel / Palestine is a more promising path to peace and security than the alternatives. The legal specifics of the constitutional design of a single state in Israel / Palestine are worth imagining. How could constitutional law preserve and reconstitute identities, communities and the state in Israel / Palestine? This paper will focus on the possibilities offered by federalism in accommodating the equal rights to self-determination of Jews and Arabs. The classical model of territorial federalism - with local and central governments that are coordinate and autonomous - could make a valuable contribution to the recognition and accommodation of pluralism. However, given that Jewish and Arab communities are territorially intertwined, territorial federalism has limited potential to protect and promote their integrity and vitality. The essential interests of Jewish and Arab communities could be protected through personal (or non-territorial) forms of federalism (giving political power directly to community institutions) and through intra-state federalism (securing representation of community interests in the design of the institutions of the central state). Drawing lessons from the experiences of other federal states, this paper will explore the promise and perils that federalism could make to the constitution of a new political community in Israel / Palestine founded on equal citizenship, regional pluralism and bi-national collective rights. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper composes part of a broader project in which we examine the role that Commissions of Investigation (CIs) play in Israeli democracy. Specifically, this paper studies the dynamics of public opinion regarding the 2nd Lebanon War (July-August 2006) and responsibility attribution pertaining to the decision to go to was, and its management, in the presence of a national commission of inquiry appointment and later - its report. The study relies on an original questionnaire administered to a representative sample of the Israeli population (N = 1001) shortly after the end of the war, and a second wave of the questionnaire administered shortly after the commission's report was published (N = 500). The study focuses on changes in public attitudes following the publication of the CI's report, and tests a number of social and legal assumptions regarding the factors that determine the public credibility of a commissions' report. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper aims to show, through a comparative study, how the rights of Indigenous Peoples throughout the world, whether in developed or developing nations, are not being adequately protected. The authors submit that this is nothing but a failure of democracy and the modern nation state. For the cause of the economic development of the majority (in which IPS are not interested) Indigenous Peoples are constantly displaced (and hence destroyed), whether this takes the shape of construction of damns, pipelines, or any other development project which causes Indigenous Peoples to loose their homes, cultures and identity. Indigenous Peoples have occupied their lands since times immemorial. They were present before the state came into existence. They are distinct from the other inhabitants of the state, having their own culture, lifestyle, identity and beliefs. Above all they have a very emotional relationship with their land. This paper asks the basic seminal question: "Who gave to the state the right/power to take all this away from these Peoples?"Ever since the formation of the United Nations, the right to Self-Determination has been much talked about. At first it was regarded as only a concept applicable to colonial domination. However, the presence of this right in post colonial documents, with a universalistic expression has quelled such arguments. The Human Rights Covenants and the UN Friendly Relations Declaration make clear that the right is available to all Peoples and can even lead to secession of an existing independent state. Especially for Indigenous Peoples this right is considered to be absolute, by many international documents and jurists. Further, many international documents give to Indigenous Peoples the right to enjoy their culture, community and lifestyle within the sovereign state, as a part of this right.Nevertheless Indigenous Peoples rights are still not protected. The majority does not appreciate their needs and sees them as an obstruction towards development. As a result the democratic state goes ahead with the majority ignoring the basic rights of Indigenous Peoples. This paper seeks to dwell on all these concerns and rake up issues of power legitimacy and authority coupled with international legal protections and rights granted to Indigenous Peoples. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The past decade has brought rapid growth in the number and scale transnational regulatory programs that are neither initiated by nor based in states, but that nonetheless are reliant on and coordinated with states in various ways. Such 'supragovernmental' regulatory programs rarely have regulatory arenas to themselves, but rather share them with other such programs. This paper first analyzes inter-program dynamics in several transnational sectors and then reviews their implications for a new model of competitive transnational democracy. That model posits that competing regulatory systems seek to develop standards and institutions that will meet with the approval and acceptance of emergent transnational publics over time. This paper seeks to offer a preliminary assessment of whether existing incentives and practices are consistent with that hypothesis. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The basic question I'll attempt to answer in my paper is: why do so many intelligent, experienced people hold on to human rights law with such passion, even in the face of all we know about law's limited emancipatory powers? I will attempt to explore this question through the example of Colombian social movement's use of human rights law and discourse. Since the nineties human rights, both as law and as a banner for social movement organizing, saw a period of dramatic growth, while at the same time social violence persisted, the internal conflict escalated, social indicators deteriorated and the country lived through long periods of seriously restricted democracy. How to understand then social movements' embrace of the human rights provisions of the 1991 Constitution, considering their persistent inefficacy? I argue that it is not just a matter of the strategic use of a discourse (making the best of a bad situation) or, conversely, a delusion or a type of false consciousness. Instead I see in this insistence on human rights an example of activists' emotional attachment to law. This attachment is a form of fetishism not in the Marxist but in the Freudian sense which implies desiring and enjoying law not (only) as a means to an end but rather, as an end in itself. Like the Freudian explanation of fetishism, it implies a disavowal, that of the full effects- physical and interpretive, of the violence that renders all, victims and victimizers, inhuman. In this paper I will argue that this fetishism is of course problematic, but that at the same time it also makes emotional and political sense as a response to gross violence and injustice. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Suppose, as many do, that legitimate political regimes must be both democratic and constitutional. Many have argued, however, that such a package view of legitimacy-requiring both constitutionalism and democracy—is inevitably subject to foundational paradoxes. Conceptually, a legitimate constitution could only be adopted through democratic endorsement, yet that democratic endorsement would need to be structured by pre-constitutional procedures, even while those pre-constitutional procedures would themselves require democratic endorsement; and so on into a paradoxical infinite regress. Empirically, actual constitutional democracies have suffered from related origins paradoxes: for instance, the U.S. Constitution was adopted through constitutionally illegal means (given the then in-force Articles of Confederation), and it was democratically ratified only thanks to a constitutive anti-democratic commitment to excluding slaves from the demos. Further, the current Iraqi constitution was imposed by patently un-democratic means even as it attempted to inaugurate practices of legitimate constitutional democracy. This paper argues that the troubling nature of such conceptual and empirical paradoxes results not, as many argue, from the supposed tensions between the substantive principles of democracy and constitutionalism. The trouble arises, rather, from the underlying conception of legitimacy assumed by the theories. The paper contends that an inappropriate 'threshold logic' conception of legitimacy—inherited from legal discourse and modeled most clearly in legal positivism—is the root of the paradoxical troubles canvassed. It urges the adoption of a 'regulative ideal' conception of legitimacy to assuage the paradoxical worries. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Matters concerned with integration and law often rest upon the vexed understanding of legitimacy. The deepening and extension of EU legal and political competence continually begs the question as to whether there is a sufficiently sturdy democratic foundation upon which integration sits. Along with this goes the implied question as to how we will come to know when this is achieved. At the heart of integration is, therefore, the important epistemological claim about the constitutional or legal language required to possess an adequate sense of what is 'new' about the EU as a political project and how this can be 'accommodated' alongside the familiar state constitutional tradition, as a means into questions of the legitimacy of the broader legitimacy of law and politics beyond the state. This paper suggests that this epistemological dilemma has stimulated a dualistic approach in constitutional theory. There is the conceptual or analytic approach which is overtly influenced by the positivist tradition. Here the concern is with the resolution of how to correctly describe the relationship between the competing claims of legal authority within the legal orders, and how to correctly understand the doctrine of supremacy. The second approach, is the normative and seeks to outline what ought to be the features or criterion of a common political/constitutional life in the EU, here we find Professor Weiler's doctrine of constitutional 'tolerance' and the arguments over the so-called 'no-demos'. The paper argues that understanding can only be achieved through dissolving this dualism, and to conceive integration in the EU as a practice which must be understood by adopting an interpretative conception of law, which reveals the common experience of the political in the EU and also how we can come to know this. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Does intellectual property law create issues of practice and power in society? The paper describes the theoretical framework for forthcoming empirical research that will examine the relevance of the intellectual property system to business organisations who are in a relationship characterised by economic imbalance - epitomising the "problems of exclusion, difference, diversity and the politics of identity" that are built in to the concept of a civil society" (Bent Flyvbjerg "Habermas and Foucault: thinkers for civil society?" (1998)).Preliminary research has indicated that where the business of one company is to create new products to meet specific needs of another more powerful company, there can be certain issues around the ownership of the intellectual property in the products. This research will inquire into the practice of such companies with regard to the ongoing management and ownership of intellectual property and will ascertain the roles played by black letter intellectual property laws on the one hand and business strategies and impositions of economic power (sometimes but not always imposed in contractual form) on the other.The paper will apply discourse theory (as conceptualised by Michel Foucault and extended by Laclau and Mouffe and as discussed and applied in a critical legal studies framework in the works of Rosemary Coombe and James Boyle) to explain the research findings and to tentatively propose alternative ways in which the intellectual property discourse might be managed. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Caste-based oppression in India lives today in an environment seemingly hostile to its presence: a nation-state that has long been labeled the "world's largest democracy;" a progressive and protective constitution; laws that proscribe and punish acts of discrimination; constitutionally mandated reservations or quotas for Dalits or so-called untouchables; caste-conscious measures designed to ensure the economic "upliftment" of Dalits; and an aggressive economic liberalization campaign to fuel India's economic growth. This paper seeks to answer the question of how and why this seemingly fool-proof recipe for equality has done little to mitigate centuries of oppression and exclusion for over 167 million Dalits at the bottom of India's caste system. It further asks whether the now clarion call of "Dalit Rights are Human Rights," increasingly heeded by the international community and heard around the world, can now succeed where all else has seemingly failed. It concludes that human rights are not a self-fulfilling prophecy but can galvanize a movement for social transformation so long as human rights proponents step outside the constraints of the legal and moral regime in which the Dalit struggle now lives. The paper situates "caste" in a global context and suggests that the discourse surrounding the struggle for Dalits rights in India brings the fallacy of anti-affirmative action arguments in the United States into sharp relief. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Atrocities on Marginalized Sections: Response of the State and Civil SocietyJagannatham Begari The paper tries to assess the democratic theory and practice in the context of human rights in India. The paper most probably tries to stress on the assertion of marginalized sections. In the course of time, how they face problems and response from their own people, the dominant elite class and state. Hence, to comprehend the democracy and human rights, the study intended to take two case studies: Chundur dalits massacre (Andhra Pradesh-1992) and Vakapalli (agency area) tribal women rape (Andhra Pradesh-2007) by the CRPF (special rapid police force- Indian Army). Study the causes for these two incidents and the response of the state and its institutions, civil society movements. It is understood that socially and politically effective advancement and assertiveness of the dalits and Tribals that the forward castes find intolerable, and resulted in massacre of Dalits in Psundur. Hence, at the juncture, paper deals with the contradiction of growing consciousness of marginalized sections and increasing unwillingness and growing hostility of the forward castes towards dalits resulting in rupture in social relations. Haragopal (2007) an eminent academician from India holds that because of education, dalits and Tribals could able to assert of their rights and it lead to equalizing opportunities, deepening democratic foundations, strengthening social harmony but this logic is not worked out as he argues political elites and rulers are not committed to the objective of the constitutional safeguards for marginalized sections. Hence, it is necessary to asses the issues relate to responses of the state and civil society which could be explained in terms of social and political implications. As Jean Dreze, an eminent academician (2005) and Balagopal, an eminent human rights activist (1998) argues that the issue of solidarity of the movements becomes extremely crucial in shaping and reshaping the agenda, political discourse of movement and in evolving strategy of transformation. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper will examine the judicialization of politics and legal cultures through the "apologia del delito" law. In both Argentina and Chile the law has been used to prosecute perpetrators of authoritarian state violence who publicly boast about their past criminal violence. Such an application of the law has made the courts a site of political struggle over both justice for past authoritarian state violence and free speech rights in the new democracy. By examining the novel use of the apologia del delito lawto by-pass perpetrators' amnesties and send them to prison, the paper contributes an additional case study of the judicialization of human rights politcs in Latin America. Unlike many other cases, however, this project will explore whether this form of judicialization contributes to, or constrains, democratic politics. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Transitional justice refers to a multiplicity of approaches to address past human rights abuses in societies transitioning from authoritarian rule to democracy. However, the concept has increasingly become relevant in contexts of imperfect transitions or even ongoing conflicts. This paper is a critical exploration of the applicability of transitional justice mechanisms in the context of South Asia where major conflicts remain unresolved. Recently in Nepal peace was brokered between the Maoists and the government and a transitional government was formed. But in Sri Lanka and Kashmir, the peace processes are at different stages and impunity continues to fuel both the conflicts.One of the main reasons for the collapse of the peace process in Sri Lanka was its failure to incorporate crucial issues of justice and reconciliation. Similarly, the incipient attempts at peace by Indian and Pakistan in Kashmir have ignored the voices of victims and those who suffered the brunt of violence. This paper argues for discussing and building on justice and reconciliation in all phases of the process including pre settlement. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The jury is the hallmark of US democracy but is an institution that heavily depends upon public support and participation to function effectively. Although secular in design and purpose, jury participation touches upon and challenges many aspects of potential jurors lives, including their core religious tenets (e.g., even simple cases may raise themes of responsibility, duty, and forgiveness). Yet the extent to which religious views and practices predict jury attitudes and participation has not yet been adequately assessed. This paper will examine the intersection of religious life, jury participation, and attitudes towards juries and jury service. We first ask how religious factors affect who responds to a jury summons and whether religious people are more likely than others to be selected onto juries. Second, we explore whether religious factors predict willingness to serve on a jury. Third, the paper will examine whether religious factors are important for favoring a judge or a jury in deciding different types of hypothetical scenarios. Data for the paper come from the recently collected Survey of Texas Adults (SoTA). The SoTA is a telephone survey of randomly selected sample of approximately 1,500 adults in the state of Texas. Preliminary results indicate that respondents who are more actively religious are more likely to serve in juries. However, respondents with more authoritarian religious outlooks also tend to prefer judges to juries to decide cases. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

As much as people idealize the notion of the public square-- the public sphere articulated by Jurgen Habermas-- access to public sphere is controlled by the state. Participatory democracy is messy. This messiness is an anathema to the state since the purpose of governmental states is to efficiently control its sovereign public. Habermas also articulated the problematic relationship of the universal principles of citizenship to the particular claims of specific political communities (1992). It is this public that this paper addresses--the multiethnic body of people that comprise political communities (the states) and how to, in this post-modern age, balance the specific claims of states on citizenship. As Bhiku Parekh (1999) puts it: the role of the modern state is to reconcile the demands of (national) unity and diversity.This paper look at the idealized concepts of citizenship as articulated by equality and participation in the modern state as it shows that the state controls, via public policy and law, access to full citizenship. The result is that "citizenship" is in crisis. This is evident with the uprisings in the banlieus of Paris, the murder of van Gogh in the Netherlands, the war on terror, the debate on same sex marriage, the on-going Palestinian and Israeli conflict, not to mention the affects of globalization. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The present study is an attempt to comprehend the escalation of consciousness of Dalits in Medak district of Telangana region, Andhra Pradesh. Paper argues that the nature and changes in the Dalit movement can be figured out through the impact created by the two major incidents the region. One is in Jhadimalkapur in the year of 1996, in which Dalits were denied to sacrifice animal infront of Hindu goddess; second, in the year of 2004, the Dalits were denied the temple entry at the Allapur village of Medak district, that led to the mass conversion of Dalits into the Christianity. Around these gruesome events, the Dalit movement, that its political discourse shaped and reshaped its agenda, strategy of transformation in Telangana region. The comparative study of these two incidents, therefore, becomes extremely crucial not only in shaping the Dalit movement, but also in determining the nature of social transformation in Telangana region. This study also an attempt to understand the Dalit consciousness based on these two incidents that reveals that what are the inherent factors that made them to reject their so-called culture and religion. It, further, also explores how Dalits, especially educated youth are gradually started asserting their rights. Ironically, in a transitory phase glorifying and eulogizing the "proliferation" and "fragmentation" of identities and struggles, there seems to be radically new possibilities to forge solidarity. To comprehend the above arguments, the paper try to escalate the is socio-economic and political conditions of Telangana region in general Dalits in particular, study further try to analyze the Ambedkar's understanding of democracy: values and reality that are there in Indian democracy: formal and substantive, democratic rights vitalities and vulnerabilities. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper studies judicial policy-making in the context of India's compensatory discrimination policies (also known as affirmative action, reservations, or positive discrimination). Although these policies entail systematic departures from the general principles of formal equality underlying Indian democracy and the individual right to equal treatment, compensatory discrimination has been incorporated into a regime of constitutionally guaranteed group rights mandating targeted redistribution and preferential treatment. Locked into a legal discursive cage, India's Supreme Court judges have thus take centre stage in the transformation of compensatory discrimination policies as India has shifted towards economic liberalisation and new patterns of democratic participation, dominated by party fragmentation and coalition governments, interest group pluralism and demand politics. Studying this process, the paper focuses on the judicial response to caste-based political mobilisation, the electoral victories of the backward classes and the new assertiveness of hitherto marginalised social groups. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Due to historical and sociopolitical factors the achievement of democracy in Greece has lasted for a period of one century and a half. The institutions of the Greek State and administration have been imported but not embedded in the newly born, still premodern, country, during the 19th century. However, it took almost the 2/3 of the 20th century, that is until the fall of the military dictatorship in 1974, that democracy has been finally stabilized. The effort to establish the rule of Law in Greece seems connected to the social and political strive to participate in the E.U. The European integration project has been considered as a process of social change in order to achieve a higher status of economical and political development. At first the present paper will focus at the theoretical discussion regarding the relation between law and social change. It will also describe the recent theoretical debate which consider the process of European integration as a complex process of social change. Secondly the present paper will examine the social representations regarding law in general and especially European law as an instrument of changing the administrative practices p.e. through institutions such as the Greek Ombudsman. Finally, it will describe the latest activity of the Greek Ombudsman and it will discuss its possible interactive effect on Greek administrative practice ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The proposed paper explores the promise of democracy in excess of an influential liberal trope. In short, this trope envisages democratic sovereignty as rescuing - with as minimal an impact on individual freedom as possible - humanity from an insecure, natural state. Against this formulation, Agamben depicts liberal sovereign politics as constituting a brutalizing form of life - by 'exceptional' measures - that serves as the sovereign's other. Here, the liberal sovereign does not rescue subjects from a brutal, lawless state of nature; rather, it plunges them into a perpetual condition of violence in which 'order' is exacted by generating homo sacri who are subjected to sovereign decree. In this scheme, the Hobbesian state of nature appears less as an insecure condition to be renounced than as a potentially liberating, non-liberal, political terrain; thus, Agamben gestures toward an emancipating potential in limbo from the violence of liberal sovereignty and its law. Questioning the revolutionary destruction implied by Agamben's evocative account, this paper will instead explore sovereignty as a key element of finite calculations within a broader promise of what Derrida describes as 'democracy to come.' Working through this idea, the paper will explore democratic politics as the perpetual negotiation of dissociation that gestures towards an incalculable promise of 'being with'. Perhaps, state sovereignty might be considered as a way in which 'democracy' has been calculated through dissociating images of monarchical sovereignty. This horizon allows one to reconsider sovereignty through newly emerging negotiations that make sense by dissociating images of nation state sovereignty, but not of sovereignty per se. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The proposed paper investigates the relationship between informal institutions and rule of law in new democracies of the so-called "third wave". The analysis builds on a broad concept of institutions. It combines a neo-institutionalist perspective with the notion of institutions of older traditions in Political Science, in order to examine in how far factual behaviour such as corruption and clientelism - defined as informal institutions - are compatible with or opposed to the norm expectations related to the formal institution of a state under rule of law. The main question is, which governance options are suitable to reduce the power of opposed informal institutions and to foster stability and quality of rule of law and therewith of democracy.The paper presents the hypotheses and the analytical framework of a new project that is going to compare six countries of Latin America and Central-Eastern Europe according to the emergence, development and impact of informal institutional structures. The compared cases have high (Chile, Slovenia), middle (Mexico, Poland), and low quality of rule of law (Argentina, Romania). The aim of the comparison is to explain why informal institutions play an important role for rule of law in some countries and to a lesser extent in others. The evolving central question is, in how far the extent of interfering informal institutions can be influenced by political action and which factors are necessary for effective constitutional reforms. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Several studies have recently highlighted the importance of European courts for EU politics. According to this strand of the literature, national courts have become a driving force for European integration and even for democratic governance in Europe. In addition, litigation before national courts is regularly presented as a promising instrument to remedy problems related to the implementation of EU legislation. At the same time, however, policy-oriented analyses have repeatedly shown that such litigation may have quite diverse effects on the implementation of EU law. How can such differential effects of national litigation be explained? In this paper, I try to tackle this question by presenting a theoretical account supported by new empirical evidence. I argue that differential effects of public interest group litigation can be explained through a 'stage model' that focuses on three interconnected 'stages': (1) public interest group litigation; (2) interpretation of national courts; (3) reaction of the competent authorities. As these elements differ widely across Member States, the possibilities to enforce European law through courts vary considerably. This has important consequences for European integration and the possibility of democratic governance through courts. In order to illustrate the theoretical argument, the paper presents empirical evidence from an in-depth study on public interest group litigation in the field of EU nature conservation law - the Natura 2000 Directives - in Germany, France and the Netherlands. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The concept of legal pluralism might be used to characterize every society. Notwithstanding, legal pluralism can assume many different forms. In Mozambique we find a large number of instances solving local disputes according their own legal orders. These instances interact with each other and even with the judicial courts raising complex networks of litigation. This paper aim is to discuss the contribution of these networks of conflict resolution to the acess to justice.If the way these instances work might be more apropriated to some kind of contexts and cultures and serve as a reference to the criation of democratic models of justice around the world, they are not free of criticisms. If they can be seen as ways of resistance to the neoliberal globalization, they are on the other hand accused of reproducing patriarchal models and the subalternity of women. African customary law and legal pluralism are also seen by some authors as a ficction invented and imposed by the colonial indirect rule.In this paper I analyze and discuss these questions on the light of an empirical research conducted in three Mozambican provinces (Maputo, Manica and Nampula) between 2003 and 2005. This field work was part of a research project on the admnistration of justice in Mozambique in which I participated as parte of a team composed by researchers of the Centre for Juridical and Judiciary Training (Mozambique) and the Centre of Social Studies of the University of Coimbra. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The present paper has is aimed to describe legal education practices carried out with 70 high school students between 2003 and 2004 in a peripherical region of São Paulo, Brazil by law students of the University of São Paulo. The premises of that project were that ordinary people and specially population in poor areas of São Paulo were to assume an active role in the search for effectiveness of basic human rights.Traditional legal services and practices tend to ignore the potential of the average citizen to act. In fact, in most situations such traditional legal practices do not aim to include the population on a debate towards law, on the contrary, they are substantially excluded. Technical difficulties and the development of an autonomous logic and language within legal practice prevent lay citizens from being properly engaged on efforts for creating and enforcing fundamental rights.This phenomenon reaches greater implications when underclass people are concerned, since they are the ones which suffer greatly the denial of basic citizenship rights and are more frequently treated as objects rather than subjects to law. The described project in São Paulo dealt basically with land property conflicts, the need of a critical thinking towards law and collective means to overcome abuse or negligence by State. The hypothesis of the present paper, thus, is that a basic legal education focused on citizenship rights, democracy, tolerance and human rights as a whole, is the first necessary step for a more democratic legal system. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The Eastern enlargement of the European Union has de facto led to an increase in politico-cultural diversity within the European space, both in terms of different cultural forms of life and with regard to moral perceptions of the good life. Political and cultural diversity have played a strongly conflictual role in the post-communist countries while the conditionality-based accession process seems to have attenuated tensions, not least through minority protection and the respect for collective rights for minorities in the post-communist countries. At the same time, though, one might argue that EU attention has been relatively marginal and has focussed primarily on formal rights, without much regard for issues such as recognition and participation of non-national cultural groups in national and European politics. Similarly, it might be argued that the European Union has primarily strengthened national states in post-communist Europe while the rights and participation of sub-national cultural groups have been disregarded. The paper will address the relatively one-sided, formal-legal 'mode of incorporation' of the accession countries that became evident in the enlargement policy of the EU. Subsequently, the argument for a more inclusive and diversity-sensitive approach towards the new member states will be made, and will be partially identified with the process of European constitutionalization. This argument will be underpinned by a short discussion of the theorisation of forms of post-national European order, in particular Habermas's 'constitutional patriotism'. The paper will conclude by proposing a more diversity-sensitive approach to a postnational Europe in which recognition and intercultural dialogue are central. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The Law has been an issue in mexican transition to democracy. The strenght of the old Mexican Political System (PRI System) was based on a hierarchical but flexible form of political inclusion. This form of inclusion allowed the old system to negotiate with different social and political groups. Today´s democratic system is less flexible to deal with those groups.The paper analyzes the way arbirtrary authorithies, on one hand and abstract and legal system, on the other deals with pluralism. The old PRI System was based on arbitrary authorithies and an arbitrary use of law that alowed it to deal with some social groups. Paradoxicaly the newly democratic regimen is having some problems with some social identities. The social and political inclusion throughout citizenship is insufficient to recognize those identities. The old discourse of the Mexican Revolution used the time as a way to incorporate workers, indians and peasents. They were somebody in today´s politics because they were somebody tomorrow. Politics was not the dispute of today but the dispute of tomorrow, they accepted the rules of the game today, because they have something to care tomorrow. But the newly democratic system is unable to deal with this form of politics, it can not offer time it is a society organized throughout space, throughout rights and responsabilities. The authorithies are less arbitrary but more limited to recognize plurality.The paper is not an apology of the old Mexican regime, but is an attempt to explain the strenght of the old PRI regime and the obstacles of the newly democratic regime and is also an oportunity to discuss how plural could be modern democracy. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The present paper aims to investigate the debate over a secular constitutional establishment in Nepal following the overthrowing of the Panchayat regime and the restoration of democracy in 1990. The paper shall analyse the modalities, reasons and implications of the enduring definition of Nepal as a 'Hindu kingdom' in the democratic constitutional framework. It has been argued that the constitutional provisions referring to Hinduism were enshrined in the 1990 Constitution to protect the 'traditions' of the country, give historical continuity to its institutions, and to consequently grant legitimation to the political system established by the new Constitution. However, such provisions placed Hinduism at the core of the state-constructed Nepali identity. The emphasis on the unity of Nepalese people seemed to discard its inner religious and ethno-linguistic plurality. This fact raised the question of how representative such state-constructed identity was of the entire population. Thus, after 1990, the relationship between Hinduism and the Nepalese state has come under fierce attack from the Janajati (ethno-linguistic minorities), the Maoists, leftist political parties and civil society. The constitutional provisions referring to Hinduism have been strongly contested, being perceived as the instrument endorsing and perpetuating forms of social, cultural and religious exclusion, discrimination and oppression. This paper aims to investigate the veracity of such claims in the light of the social implications of Nepal's legal developments, interpretation and application of its legal rules. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper explores the South African state's responses to various transnational opportunities and pressures in the first decade of democracy. The transformation of the international trade regime corresponded in time with South Africa's transition from apartheid and provides an interesting lens through which to investigate the ways in which transnational transformations are reflected in domestic restructuring. In this case the focus will be on the changing place of intellectual property and how it is reflected in the policies, practices and resources of two different branches of the South African state, the Department of Trade and Industry and the Department of Health. The paper concludes that the outcomes reflected in the interaction of these branches of the state flow from a complex interaction of different attempts to both take advantage of new opportunities as well as attempts to avoid real and percieved pressures resulting from the transnational transformation of the trade regime. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Centuries of colonialism and the later policy of apartheid institutionalised and normalised racial discrimination in South African society. The acceptance of constitutional democracy, a justiciable bill of rights and the rule of law in 1994 officially sounded the death knell for racial discrimination, but thirteen years after this legal revolution, the legacy of the racial past lingers on and still demands redress. The legal response to unfair discrimination is rooted in the Constitution of the Republic of South Africa, 1996 which entrenches equality as both a right and a value and which prohibits unfair discrimination. Parliament gave effect to the constitutional commitment to the creation of a non-racial and non-sexist society by passing the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. The Act specifically provides for the creation of special courts - Equality Courts - to hear complaints regarding unfair discrimination on listed grounds (of which race is one) and also unlisted ones.This paper considers whether the statutory framework meets the constitutional requirements regarding equality and the eradication of racial discrimination and concludes that while on paper the benchmarks have been met, problems might occur in practice. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Taking a certain agnosticism toward the assumed benefits of comparative method as its point of departure, this paper offers an account of some potential costs of comparativism for the study of race, racisms and racial politics in contemporary democracies. It argues that a sufficiently critical comparative critical race theory must above all resist the allure of what might be called "race fundamentalism". The paper seeks, as well, to explore a few of the pitfalls of an unquestioned faith in "travelling theory" as a conceptual compass for mapping racial formations in democratic political societies, particularly in those societies where racialized power struggles often take place in terms that never address the question of race, or do so by way of other discourses ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Democratic theory rests upon the axiom that self-conscious individuals intentionally create institutions of self-governance through civic engagement and public participation. Sustainable forestry principles posit that through participatory processes actors can create governance capacity for sustainable forest management. To what extent do individuals make conscious choices to participate in political processes? When in democratic practices do participants intentionally engage in efforts to satisfy their own, others or common interests? This paper explores through theory and empirical examples the idea of 'accidental governance' through 'accidental participation.' The term 'accidental' means that in the case of governance, for example, the design characteristics for democratic institutions and practices emerge from practice rather from institutions designed according to a set of essential elements and principles. If the design principles emerge from interaction, and while they are common across many cases, to what degree can they be abstracted and used to 'create' new institutions which then compel action? The central issue in this paper focuses on 'accidental' participation. When examining the animating reasons for citizen engagement with political problems, citizens often cite reasons associated with their personal preferences or personal expectations for a specific political outcome. This paper will analyze the numerous critiques of participatory processes to ask whether the assumption of 'consciousness' is necessary for citizen engagement and it will to critically examine the underlying assumption of intentionality and consciousness in political life and to probe whether they are necessary conditions for democracy, or if perhaps democratic practices are 'accidental.' ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper presents a case study of "the bait-and-switch in direct democracy" based on a recent ballot initiative that amended the Michigan Constitution to prohibit the legal recognition of same-sex marriage "or similar union for any purpose." The bait-and-switch in direct democracy occurs when initiative proponents (1) qualify a particularly popular idea for the ballot; (2) draft the measure in sufficiently broad or ambiguous terms to create "collateral consequences;" (3) either evade questions about those collateral consequences during the election campaign or flatly deny that they were intended; and (4) establish the collateral consequences through litigation or by lobbying executive officials who are responsible for implementing the measure. The paper claims that structural flaws in the initiative process facilitate this technique and otherwise increase the risk that successful ballot measures will have collateral consequences that were not endorsed by the voters. It explains why existing procedural safeguards are inadequate to prevent these problems and sets forth two specific solutions. Finally, the paper distinguishes the shortcomings of candidate elections and the traditional legislative process and contends that the ballot initiative process is especially vulnerable to the deceptive practices at issue. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper builds on the ideas described in Ellen Dannin, Taking Back the Workers' Law - How to Fight the Assault on Labor Rights (Cornell University Press 2006). The book calls for labor to borrow from the strategy mapped out by the NAACP Legal Defense Fund in the early 1930's to eradicate legalized racial discrimination. This book lays out a long-term litigation strategy designed to overturn the cases that have undermined the NLRA and frustrated its policies. As with the NAACP, this strategy must take place in a context of social activism to promote the NLRA policies of social and industrial democracy, solidarity, justice, and worker empowerment. The paper contends that only by promoting these core purposes of the NLRA can unions survive - and even thrive. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper discusses the potential impact of repealing the estate tax on our tax system, our economy and even our democratic system. The paper argues that repeal of this tax is unwarranted because it will tend to create concentration of wealth in the United States which will ultimately be detrimental to the economy. Additionally, the arguments favoring repeal tend to center on the emotional call that death is the wrong time to collect taxes and on the negative impact on small farms and businesses. These arguments ignore the fact that most, if not all, small farms and businesses are not subject to the estate tax. More importantly, the estate tax is important for tax progressivity and should be enhanced, not repealed. Finally, the paper argues that if the opponents of repeal are wrong but win the battle, then a few millionaire heirs get a few bucks less. If the proponents of repeal are wrong and win the battle, then we may turn into a Brazil. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper addresses the issue of law and order in New Orleans during and after Katrina and the ways in which public, private (privately hired and paid firms guarding private property) and public/private (publicly hired private security firms) "secured" the city. In a society where corrections and policing are increasingly privatized, Katrina provides a graphic illustration of the failures of public responsibility and the costs of private security. The major theoretical/political question of the paper is: what has been the impact of shift away from public law to private "law" on issues of democracy like racial justice and civil liberties. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper argues that within the NLRA's statement of employee rights is a vision of values that have the power to transform our society. This paper maps out a campaign that can be waged to transform our society into one built on these NLRA values of industrial and social democracy, solidarity, social and economic justice, fair wages and working conditions, equality, and industrial and social peace. These values have the potential to reinvigorate the labor movement and save the soul of this country. Indeed, unless we transform the values of our wider society unions, collective action, and solidarity cannot survive. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The Iraqi constitution's designation of Islamic law as "a source of law" pushed the question of Islamic law's role in state law to the forefront of the debate on democracy and women's rights. Does "rule of law" in Islamic democracies forward Islamic law's ends or democratic ones? Are the two necessarily at odds? Indeed, classical Islamic family law entails tensions between notions of liberal democratic and human rights norms on the one hand, and Islamic values on the other. But one can imagine prospects for how hybrid legal responses can respond to calls for both tradition and progress. This paper will cover two themes. First, it will focus on the institutional role that the Iraqi constitution contemplates for the jurists by comparing its Islamic law provisions with those of other "Islamic constitutions" in the region. Second, it will look at how other countries have approached family law reform within an Islamic framework, and consider the role that jurists play alongside political and judicial processes. It will take the recent Moroccan family law (Mudawannat al-usra) as one model because of its unique joinder between classical Islamic law and modern human rights norms. The reforms resulted from a collaborative effort between the government and the jurists in a self-conscious attempt to harmonize human rights norms with classical Maliki law. In reviewing that process and analyzing the Islamic legal bases for the reforms, this paper will consider the implications for the rule of law and law's legitimacy in "Islamic constitutional" countries like Iraq. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Recent controversies over the role of the Supreme Court of the United States in exercising the power of constitutional review of statutes and regulations have tended to lack sufficient attention to alternative institutional designs for carrying out the function as exhibited in extant constitutional democracies. This paper intends to pay proper attention to such alternatives by considering various options in the light of what recent empirical and cross-national comparative scholarship has revealed about actual experiences in different countries. Building on a normative theory of deliberative democratic constitutionalism, it explores tensions between the ideal of constitutional change effected through the people's constituent power and the reality of ongoing-constitutional elaboration outside of that process when government organs of whatever kind must nevertheless decide on the constitutionality of specific policies. Seeking solutions beyond judicial institutionalizations of constitutional review, the paper looks at five types of institutional reform proposals: 1) the establishment of self-review panels in the legislature and regulatory agencies, 2) various mechanisms for inter-branch debate and decisional dispersal concerning constitutional meaning, 3) easing formal amendability requirements, and 4) establishing civic constitutional fora as replacements for traditional amendment procedures. It argues in particular that the last option of deliberative constitutional juries charged with tasks of reviewing constitutional change proposals hold out the singular promise of overcoming standard tradeoffs both between popular sensitivity and electoral independence, and between popular empowerment and deliberative quality. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In an increasingly connected world national identities are gradually merging given aspirations of a more globally unified legal and political order. In such a scenario 3rd world countries provide an interesting arena for observing this phenomenon because of their certain uniquely unvonventional democratic features. Apart from having a common colonial legacy, India shares with the 3rd world, communal politics resulting in segregated constituencies, huge illiterate populations, irresponsive legislatures, and an aspiration to become the "west". These unique features, through synthesis with the model of liberal democracy has evolved into a sui generis system of governance. This paper examines how democratic constitutional theory is implicated in the dynamic processes of (un)making, (re)defining, asserting and haggling that produce a developing nation's identitity. By analyzing classical cases in Indian constitutional law that have shaped India's national consciousness for over 50 years, the author will demonstrate how judiciary has been instrumental in articulating the unique and multi-cultural character of its polity and the difficulties that India faces in becoming a "democracy". The author will pay particular attention to the conflicts that have arisen in defining the institutional identities within this superimposed reality of "democracy", especially between parliament and the judiciary. The paper will eventually demonstrate the potential for the Indian judiciary to assume a pro-active role along with the legislature in directing the policy process, thus shaping legal and political order of state's democracy. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Despite the recent wave of democratic governance in most African countries, the continent is yet to fully embrace the ideals of rule of law, accountability in government, independent of the judiciary, adherence to election rules and regulations, and upholding the constitution. The continent has not found a panacea to any of these challenges and problems caused by its own leaders and their cronies. It is on this note that this paper proposes to review the salient issues around rule of law and political governance in Africa, using Nigeria as a focal point. The incessant military incursion into political landscape in most Africa countries and abuses of political power has left the continent devastated socially, economically and politically. Nigeria is a typical example of a country that claims to be under democratic government yet people are in detention for years without trial or court proceedings are truncated for political purposes. The judiciary is on constant trial while citizens have their rights denied for lack of a fully independent judiciary to hear and determine their causes. The paper will also highlight some of the suggestions that have been raised at various international fora to assist Africa out of these problems together with their shortcomings. In conclusion, the paper will propose three vital issues the continent must consider as it strives to enthrone rule of law in its society in addition to attaining participatory democracy and accountability. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Powerful western nations (who constitute the primary markets for trafficked labor) are engaged in pressuring "source" countries to standardize their legal definitions of and responses to the problem of human trafficking. This paper draws upon ethnographic fieldwork in Bosnia-Herzegovina (BiH) among law enforcement and human rights officials involved in the effort to improve BiH's "rating" in a US State Department evaluation of its anti-trafficking measures. It undertakes what Paul Kahn has referred to as a cultural study of law as it emerges through politically charged interactions in an "emergent democracy. Rather than examining the effectiveness of anti-trafficking legal efforts themselves, the paper seeks to elucidate the mechanisms through which legal change is wrought, and the specific cultural assumptions embedded in both international and local anti-trafficking laws. [ABSTRACT FROM AUTHOR]