The African Union (AU), an international organization comprising all 54 independent states in Africa and Western Sahara, was established in May 2001 to, among other things, promote regional integration, interstate solidarity, peace, good governance and to enhance the African voice in the global system. Pan-African organization is like the proverbial forest that has bad trees dotted around its many good trees. The AU has been very successful in addressing the needs of the African political class but it is yet to make a significant difference in the lives of many ordinary Africans. The importance of the pan-African organization to African political elite is such that they would have created it today if it did not already exist. The AU has socialized African leaders to accept liberal values as the foundation of international cooperation in Africa; enhanced the agency of African political class on the world stage; and established progressive and innovative rules and norms for the African continent. It has also created many useful decision-making structures that have contributed to the prevention, management, and resolution of conflicts in Africa.
The AU has, however, been less successful in connecting its activities and programs to many ordinary Africans; providing common public goods and services valued by commoners in Africa; giving voice to the majority of young people in Africa; promoting intra-Africa trade, good governance, and financial independence of the African continent as well as struggled to address the expressed material needs and quotidian concerns of ordinary Africans.
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The African Union: Successes and Failures
Thomas Kwasi Tieku
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The Amsterdam Treaty
Sophie Vanhoonacker
The Treaty of Amsterdam was the result of the 1996–1997 Intergovernmental Conference (IGC) among the then 15 EU member states (March 1996–June 1998). Its three core objectives were making Europe more relevant to its citizens, enabling it to work better and preparing it for enlargement, and giving it greater capacity for external action. It was the first IGC since the enlargement with Austria, Finland, and Sweden, who had joined the European Union (EU) in 1995. The negotiations took place in the aftermath of the collapse of the communist regimes in Central and Eastern Europe, opening the prospect of an eastern enlargement. Shortly before the start of the IGC, the Madrid European Council (December 1995) had confirmed that the decisions on launching the accession negotiations would be taken within six months of the conclusion of the IGC.
The Treaty was not the critical juncture in European-integration history, which the previous Maastricht Treaty had been. The 1996–1997 IGC tried to complete some of the unfinished work of its predecessor. This included the further extension of qualified majority voting (QMV) and codecision, the shaping of a European security policy and making further progress in dossiers such as energy, civil protection, and the hierarchy of norms. Still it would be erroneous simply to downplay the Treaty as a mere “leftover” text. Under the leadership of the successive Italian, Irish, and Dutch presidencies, the heads of state or government reached an agreement on an employment chapter, a strengthening of social policy, the creation of the position of a high representative for the Common Foreign and Security Policy (CFSP), a partial communitarization of cooperation in the field of Justice and Home Affairs (JHA), provisions on flexible integration and the integration of Schengen into the Treaty. Highly sensitive issues such as the reweighting of the Council voting system and the size of the European Commission were postponed to the next IGC. After a relatively smooth ratification process, which raised little public attention, the Treaty of Amsterdam entered into force on May1, 1999.
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Autocracy
Erica Frantz
Dictatorships have dominated global politics for hundreds of years, from the pharaohs of Egypt to the absolute monarchs of Europe. Though democracy has since spread to much of the world, about 40% of today’s countries are still ruled by dictatorship. And yet, compared with democracies, we know very little about how dictatorships work, who the key political actors are, and where decision making powers lie. Political processes are opaque, and information is often intentionally distorted. Political survival depends not on maintaining the favor of voters, as in democracies, but on securing the backing of a considerably smaller coalition of supporters. The absence of a reliable third party to enforce compromises among key players means that power-sharing deals lack credibility, and the threat of forced ouster is omnipresent. Uncertainty pervades authoritarian politics.
Modern autocrats respond to this uncertain environment in a variety of ways. They use political parties, legislatures, elections, and other institutions typically associated with democracies to lessen their risk of overthrow. Despite the façade of democracy, these institutions are key components of most autocrats’ survival strategies; those that incorporate them last longer in power than those that do not. The specific ways in which autocratic institutions are used and the extent to which they can constrain leadership choices to prevent consolidation of power into the hands of a single individual, however, vary enormously from one dictatorship to the next. Better understanding the conditions that push autocracies down a path of collegial versus strongman rule remains a critical task, particularly given that the latter is associated with more war, economic mismanagement, and resistance to democratization.
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Belgium and the European Union
Edith Drieskens
Belgium is one of the six founding members of European integration, but it is often seen as a special one. In both policy and research, the country is widely known as the “heart of Europe.” It even sells itself to the outside world in this way. This metaphor has a double meaning, a literal and a figurative one. First, Belgium’s capital, Brussels, qualifies as the unofficial capital of the European Union. This meaning is strongly supported by facts, with the city hosting the most numerous and the most important institutions. The second meaning requires more detailed consideration. Indeed, and second, Belgium is perceived to be the most European of all European countries, even prepared to exchange sovereignty for supranationalism at any time and any price. A closer look at data, decisions, and developments shows, however, that while support for European integration is widespread, it is not omnipresent either in time or in place. Particularly in Flanders, the northern part of the country, support has been less obvious than elsewhere.
Indeed, to understand Belgium and/in the European Union, one also has to understand the functioning of Belgium as a federal state composed of communities and regions, thus as a system of multilevel governance. While it is not the only federation among European Union member states, it uniquely combines a wide variety of federal characteristics. Most importantly here, the gradual process of federalization that Belgium has experienced has given the federated entities a strong voice in European Union decision-making. Member states still need to speak with one voice, however, resulting in a complex system of coordination and representation. The possibilities and realities of this system have attracted quite a lot of scholarly interest. The same goes for the rather fundamental question of whether the European Union and federated entities should be seen as unintended partners in the hollowing out of the federal state or whether the opposite holds true and the European Union is coming to Belgium’s rescue. The jury is still out on this, though the answer seems to be growing more and more complex as time passes.
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Bolivia and the Challenges of a Plurinational Democracy
Waltraud Queiser Morales
Bolivia is in the process of consolidating 36 years of democracy amid important reforms and challenges. Despite a history of colonialism, racist oppression of the indigenous majority, and a national revolution and military reaction, the democratic transition to civilian rule and “pacted” electoral democracy among traditional political parties was established in 1982. The governments of pacted democracy failed to fully incorporate all of Bolivia’s citizens into the political process and imposed a severe neoliberal economic model that disproportionately disadvantaged the poor and indigenous. The constitutional popular participation reforms of 1994–1995 altered the party-dominated pacted democracy and opened up the political system to the unmediated and direct participation of indigenous organizations and popular social movements in local and national elections. Grassroots political mobilization and participation by previously marginalized and excluded indigenous groups and social movements, and the election of their candidates into office increased significantly. Indigenous and social movement protests erupted in the Cochabamba Water War in 2000 against the multinational Bechtel Corporation, and in the Gas War in 2003 against the export and exploitation of Bolivia’s natural gas. These mass demonstrations resulted in the turnover of five presidents in five years. The social and political agitation culminated in the game-changing, democratic election in December 2005 of Juan Evo Morales Ayma, as Bolivia’s first indigenous-heritage president.
In office for 14 years, longer than all previous presidents, Morales and the Movement Toward Socialism party launched the “Refounding Revolution,” and passed the new Constitución Política del Estado (CPE), the progressive reform constitution that established a multicultural model of plurinational democracy. The Morales-MAS administration provided unprecedented continuity of governance and relative stability. However, amid charges of interference, relations deteriorated with the United States. And disputes erupted over regional and indigenous autonomy, and extractive economic development in the protected lands of native peoples, especially over the proposed road through the Isiboro Sécure National Park and Indigenous Territory (Territorio Indígena Parque Nacional Isiboro Sécure, TIPNIS). These conflicts pitted highlanders against lowlanders, and divided indigenous organizations and social movements, and the government’s coalition of supporters. Contested term limits for the presidency created another acute and ongoing challenge. President Morales’s determination to run for re-election in 2019, despite constitutional restrictions, further tested the process of change and the resilience of Bolivia’s indigenous and social movement-based democracy.
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Burkina Faso: Military Responses to Popular Pressures
Daniel Eizenga
Burkina Faso’s military holds an important place in politics. It has intervened in Burkina Faso’s politics, temporarily taking power seven times, first in 1966 and most recently in 2015. Military officers have long held many of the most prominent political offices, and military coups d’état have been the most common method of transferring political power in Burkina Faso. Military interventions have typically addressed moments of political failure and widespread civil unrest. Political agitation from different groups in civil society has pressured every government that has come to power, and the government’s ability to manage these popular pressures has been a key feature in the military’s relationship with any given regime. This was particularly the case in the 1980s, when ideological divisions within the military resulted in four coups d’état, but it was also of consequential importance during Burkina Faso’s 2014–2015 political transition.
The 27-year rule of Blaise Compaoré set in motion a process of institutional reform that expanded civilian authority over the administration of the military. However, it also saw the rise of preferential treatment for certain units of the military, in particular the presidential guard, which provided protection to the regime during moments of civil unrest until 2014. The gradual liberalization of the political system culminated in unprecedented civil unrest in 2014, and Compaoré was ousted from power in what is commonly referred to as a popular insurrection. The political transition following the events of 2014 led to the first peaceful transfer of power between civilian governments in Burkina Faso’s history and marked a potential shift in the military’s relationship with politics. The military’s political role in Burkina Faso often has been dictated by popular pressures on the political system, but gradual democratic reforms during the 1990s and 2000s helped to inculcate norms of civilian control over the military. While much remains to be seen about the future of Burkina Faso’s military in politics, the opportunity for the country’s political institutions to manage popular pressures on its government may indicate a new era of civilian governance and at least the possibility of reducing the military’s interference in politics.
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Cambodia: Armed Forces Under Personalized Control
Paul W. Chambers
The evolution of Cambodia’s armed forces has been incremental yet highly disjointed, reflecting the country’s post–World War II history itself. At the same time, there has been a legacy of military authoritarianism in Cambodia. Using the framework of historical institutionalism, this chapter looks at the evolution of Cambodia’s armed forces across time. The chapter points to a 1979 critical juncture which affected the military’s organizational history. It also stresses that especially since 1997 the armed forces has become increasingly concentrated under the personalized control of Prime Minister Hun Sen. The military in 2020 appears as a mechanism of Hun Sen’s, doing his bidding and following his preferences.
As such the armed forces in Cambodia should be viewed as an interventionist military that has acted as the junior partner in an asymmetrical relationship with Hun Sen. With Hun Sen’s 2018 appointment of his son Hun Manet to command the army, concurrent with being deputy supreme commander of the Royal Cambodian Armed Forces, it appears as though the military is becoming even further centralized under the Hun family. As a result, although civilian control over the military technically exists in Cambodia today, it is not an institutionalized, accountable form of control, but rather an unofficial, tool of violent power for the Prime Minister.
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Central Africa: Regional Politics and Dynamics
Andreas Mehler
The variety in climate, vegetation, and population density in Central Africa is enormous, but some of the main features of policymaking and informal rules of politics—at first sight at least—appear quite similar between N’Djaména and Kinshasa, between Libreville and Bangui, in a vast territory bigger than the European Union: clientelism, personalization of power, politicized ethnicity, the impact of external intervention, and a legacy of repeated political violence establish some constant features. On the other hand, the variable size of countries (from island states in the Gulf of Guinea to large territorial states) has also come with various challenges. Also, Central Africa features land-locked countries such as Chad and Central African Republic, which negatively impacts economic development, in contrast to countries located at the Gulf of Guinea with an easy access to maritime trade routes. At closer inspection all of the eight countries have a specific history, but this overview article rather stresses the commonalities. Featuring in this contribution are the countries of Cameroon, Central African Republic (CAR), Chad, Congo, the Democratic Republic of the Congo (DRC), Equatorial-Guinea, Gabon, and São Tomé and Príncipe. The limited achievements of pro-democracy movements in Central Africa in the 1990s have enduring consequences on politics in Africa. Authoritarian regimes have consolidated their grip on power after surviving severe crises in most Central African states. Big man politics continue to prevail, only few opposition parties have upheld their initial strength and lack internal democracy. Enduring violent conflicts in DRC and CAR (and arguably to a somewhat lesser extent in Chad), have undermined conviviality between groups and state capacities in providing public goods with dramatic consequences on effectiveness and legitimacy of the state and its representatives. Prospects for a future allowing for more participation, truly competitive elections, and a peaceful change of government are therefore also grim. However, both violent and peaceful forms of contestation since about 2015 are also signs of renewed mobilization of citizens for political causes across Central Africa. New topics, including consumer defense and ecological issues, plus now-ubiquitous social media, may all be drivers for a new episode of engagement after two decades of frustration. The limited achievements of regional integration and the lack of dynamism of subregional organizations means that Central Africa is still a much less consolidated subregion compared to, for example, West Africa.
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China: Party–Army Relations Past and Present
Sofia K. Ledberg
The People’s Liberation Army (PLA) is a key political actor in the Chinese state. Together with the Chinese Communist Party (CCP) and the Chinese state institutions, it makes up the political foundation of the People’s Republic of China (PRC). In the early years after the founding of the PRC in 1949, the military played an important role in state consolidation and the management of domestic state affairs, as is expected in a state founded on Leninist principles of organization. Since the reform process, which was initiated in the late 1970s, the political role of the PLA has changed considerably. It has become less involved in domestic politics and increased attention has been directed toward military modernization. Consequently, in the early 21st century, the Chinese military shares many characteristics with the armed forces in noncommunist states. At the same time, the organizational structures, such as the party committee system, the system of political leaders, and political organs, have remained in place. In other words, the politicized structures that were put in place to facilitate the role of the military as a domestic political tool of the CCP, across many sectors of society, are expected to also accommodate modernization, professionalization, and cooperation with foreign militaries on the international arena in postreform China. This points to an interesting discrepancy between form and purpose of the PLA.
The role of the military in Chinese politics has thus shifted over the years, and its relationship with the CCP has generally been interpreted as having developed from one marked by symbiosis to one of greater institutional autonomy and independence. Yet these developments should not necessarily be seen as linear or irreversible. Indeed, China of the Xi Jinping era has shown an increased focus on ideology, centralization, and personalized leadership, which already has had consequences for the political control of the Chinese armed forces. Chances are that these trends will affect the role of the PLA in politics even further in the early decades of the 21st century.
Article
Church, State, and Political Culture in Orthodox Christianity
Victor Roudometof
Conventional views assume a systematic intertwining between the Orthodox Church and the state, which makes Orthodox countries culturally hostile to modernity. These views have been shaped by a long history of antagonistic relationships between Western and Eastern European states and fail to grasp important long-term trends within the Orthodox religious landscape. The political culture in Orthodox countries has undergone several changes across the centuries. Under the East Roman (Byzantine) Empire, complementarity provided the blueprint for church-state relations. In later centuries, this model was modified to suit the Ottoman and Russian empires. Modernization also prompted Orthodox states to create state churches. Church-state separation was further pursued by communist and colonial regimes and was sometimes accompanied by the active persecution of clergy and the faithful. The political culture of modern Orthodox countries was decisively shaped by the nationalization of the faith, spurred by various national revivals. In the 19th century, Orthodox Christianity became a nationalized religion, whereby strong associations were established between newly constructed churches in Serbia, Bulgaria, Greece, and Romania and these countries’ respective nations. This version of Orthodoxy was exported into the New World through communities of East European immigrants. The communist takeover of Eastern Europe further strengthened administrative fragmentation. After 1989–1990, the fragmentation of the USSR allowed for a more open expression of the model of national religion. Orthodoxy was revitalized but also served as a cornerstone for Russian, Ukrainian, and Estonian national identities, leading to regional ecclesiastical disputes. Current institutional dilemmas have resulted from these long-term processes.
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Citizenship Law as the Foundation for Political Participation in Africa
Bronwen Manby
The question of membership and belonging is widely recognized to have been at the root of many political crises in Africa since independence. The legal frameworks for citizenship were largely inherited from the colonial powers and still show strong affinities across colonial legal traditions. However, most African states have enacted significant amendments to citizenship laws since independence, as they have grappled with issues of membership, aiming to include or exclude certain groups. Substantive provisions have diverged significantly in several countries from the original template. African states have shared global trends toward gender equality and acceptance of dual citizenship. In relation to acquisition of citizenship based on birth in the territory (jus soli) or based on descent (jus sanguinis), there has been less convergence. In all countries, naturalization is inaccessible to all but a few. Manipulation of citizenship law for political purposes has been common, as political opponents have at times been accused of being non-citizens as a way of excluding them from office, or groups of people have been denied recognition of citizenship as a means of disenfranchisement. Moreover, even in states where a substantial proportion of residents lack identity documents, it seems that the rules on citizenship established by law have themselves had an impact on political developments.
The citizenship status of many thousands of people living in different countries across Africa remains unclear, in a context where many citizens and non-citizens lack any identity documentation that records their citizenship. The content of the law is arguably therefore less influential than in some other regions. A rapid development in identification systems and the increasing requirement to show identity documents to access services, however, is likely to increase the importance of citizenship law.
In response to these challenges, the African continental institutions have developed, through standard setting and in decisions on individual cases, a continental normative framework that both borrows from and leads international law in the same field.
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Cohesion Policy and European Union Politics
Simona Piattoni and Laura Polverari
Cohesion policy is one of the longest-standing features of the European construction; its roots have been traced as far back as the Treaty of Rome. Over time, it has become one of the most politically salient and sizable policies of the European Union, absorbing approximately one-third of the EU budget. Given its principles and “shared management” approach, it mobilizes many different actors at multiple territorial scales, and by promoting “territorial cooperation” it has encouraged public authorities to work together, thus overcoming national borders. Furthermore, cohesion policy is commonly considered the most significant expression of solidarity between member states and the most tangible way in which EU citizens “experience” the European Union.
While retaining its overarching mission of supporting lagging regions and encouraging the harmonious development of the Union, cohesion policy has steadily evolved and adapted in response to new internal and external challenges, such as those generated by subsequent rounds of enlargement, globalization, and shifting political preferences regarding what the EU should be about. Just as the policy has evolved over time in terms of its shape and priorities, so have the theoretical understandings of economic development that underpin its logic, the nature of intergovernmental relations, and the geographical and administrative space(s) within which the EU polity operates. For example, whereas overcoming the physical barriers to economic development were the initial targets in the 1960s and 1970s, and redesigning manufacturing clusters were those of the 1980s and 1990s, fostering advanced knowledge and technological progress became the focus of cohesion policy in the new century. At the same time, cohesion policy also inspired or even became a testing ground for new theories, such as multilevel governance, Europeanization, or smart specialization. Given its redistributive nature, debates have proliferated around its impact, added value, and administrative cost, as well as the institutional characteristics that it requires to function. These deliberations have, in turn, informed the policy in its periodic transformations.
Political factors have also played a key role in shaping the evolution of the policy. Each reform has been closely linked to the debates on the European budget, where the net positions of member states have tended to dominate the agenda. An outcome of this process has been the progressive alignment with wider strategic goals beyond cohesion and convergence and the strengthening of linkages with the European Semester. However, some argue that policymakers have failed to properly consider the perverse effects of austerity on regional disparities. These unresolved tensions are particularly significant in a context denoted by a rise of populist and nativist movements, increasing social discontent, and strengthening Euroskepticism. As highlighted by research on its communication, cohesion policy may well be the answer for winning back the hearts and minds of European citizens. Whether and how this may be achieved will likely be the focus of research in the years ahead.
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Colombia: Civilian Control and Militarized Repression
William Aviles
The relationship between the Colombian armed forces and civilian leaders within the state has been marked historically with the continuity of civilian control and the general avoidance of military coups or regimes. After a series of major civil wars during the 19th century, civil–military relations were guided by the need to preserve the power of economic and political elites, with the military consistently acting as a central pillar in the survival of this elite. Interestingly, in the context of civil–military relations in Latin America, Colombia has been a model of how a regime can pair formal “civilian control” with intensive levels of state repression and violence against opposing forces within civil society. This model has been maintained during periods of relative political stability as well as during periods of widespread internal conflict. Thus, illustrating the limits that formal institutional arrangements within the Colombian state have led to shifts in the behavior of its military.
Article
Colonial Rule and Its Political Legacies in Africa
Amanda Lea Robinson
European colonialism in Africa was brief, lasting less than a century for most of the continent. Nevertheless, scholars have enumerated myriad long-term political effects of this brief period of colonial rule. First, Europeans determined the number, size, and shape of African states through their partition of the continent, with contemporary implications for state viability, strength, and legitimacy. Second, colonial rule influenced the nature of ethnic boundaries and their salience for politics through the use of indirect rule, language and labor policies, and the location of internal administrative boundaries. Third, colonial rule significantly shaped the nature of postcolonial state-society relations by divorcing the state from civil society during the colonial era and by engendering deep mistrust of the state as a benevolent actor. Fourth, many colonial institutions were preserved at independence, including the marriage of state institutions and customary rule, with deleterious effects. Fifth, differential colonial investments across communities and regions generated significant inequality, with continued political implications in the 21st century. The identification of these long-term effects has largely resulted from empirical comparisons across different forms of colonial rule, especially comparing territories administered by different colonial powers. Future research should move beyond this blunt approach, instead pursuing more disaggregated and nuanced measures of both colonial rule and its political legacies, as well as more scholarship on the long-term interaction between colonial and indigenous political institutions.
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Communication Technology and African Politics
Sharath Srinivasan and Stephanie Diepeveen
From global amplifications of local protests on social media to disinformation campaigns and transformative state surveillance capabilities, digital communications are changing the ways in which politics works in Africa and how and with whom power accrues. Yet while digital information technology and media are relatively new, the role of communication in state power and resistance on the continent is not. The “digital revolution” provokes us to better account for this past to understand a rapidly changing present. From language and script, to print and broadcast, to mobile applications and digital databases, how information is circulated, processed, and stored is central to political power on the African continent. The story of political change in Africa cannot be told without attention to how power manifests with and through changes in the technologies that enable these communication practices. A communication technology perspective on the study of politics in Africa provides a more sober analysis of how power relations circumscribe the possibilities of political change than more normative approaches would. Even so, a communication approach allows for social and ideational factors to mix with material ones in explaining the possibilities of such change.
Communication technologies have been central to what political actors in Africa from the precolonial past to the early 21st century can and cannot do, and to how political change comes about. Explorations across time, political era, and technological development in Africa allow us to unpack this relationship. In the precolonial period, across forms of centralized and decentralized political organization, oral communication modalities reflected and enabled fluid and radial logics of authority and power relations. Changes in moral and practical ideas for political organization occurred amid early encounters with traders and Islamic scholars and texts and the movement of people to, from, and within the continent. Colonialism, which heavily focused on narrow extractive aims, required alien central authorities to overcome the vulnerability of their rule through knowledge production and information control. Equally, the same communication technologies valued by colonial authority—intermediaries, print, radio—became means through which resistance ideas circulated and movements were mobilized. In independent Africa, political aims may have changed, but communication infrastructures and their vulnerabilities were inherited. The predicament facing postcolonial governments had a communications dimension. Later, their ability to forge rule through control and allegiance had to contend with a globalizing information economy and demands for media pluralism.
A communications perspective on the history of power on the African continent therefore guides a fuller understanding of change and continuity in politics in a digital age by drawing attention to the means and meanings by which legitimacy, authority, and belonging have continued to be produced and negotiated. Transnational configurations of information flows, global political economy logics of accumulation and security, and communicative terrains for contesting authority and mobilizing alternatives have been shown to possess both distinctly new characteristics and enduring logics.
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Conscription, Citizenship, and Democracy
Tony Ingesson
Military service and political participation have links going back to Ancient Greece and the Roman Republic. While bearing arms was for most of history a privilege reserved for stakeholders in the state, universal conscription later turned this notion on its head in the late 19th and early 20th centuries. Instead of selecting stakeholders to serve as soldiers, the soldiers themselves became stakeholders as the right to vote was extended to include them in the democratic polity in several states. This quid pro quo arrangement paved the way for the extension of the franchise to large portions of the male population who had previously been excluded from voting by property qualifications. In some cases, it also resulted in limited franchise extensions for female voters.
For minorities, conscription can be a curse or a blessing, depending on their ability to leverage it as a bargaining tool for citizenship or increased status. Some, such as the Druze in Israel, have been relatively successful, while the same strategy was less fruitful for African American veterans of World War I.
While conscription has been criticized by economists, who tend to regard it as a form of taxation, for being unfair and inefficient as a recruitment tool for the armed forces, it has also been seen as a political instrument for promoting democracy, social cohesion, and as a safeguard against military coups. Many of these suggested benefits have failed to hold up to empirical scrutiny, but conscription remains a viable alternative for small states in urgent need of military manpower in times of heightened tensions, where some states have in the latter half of the 2010s reintroduced the draft after having suspended it.
The growing tensions and deteriorating security situation in some parts of the world, such as the Baltic Sea region, have once more put conscription on the agenda. Consequently, an understanding of conscription’s role in relation to citizenship and democracy is as relevant as ever.
Article
Constitution-Making in Comparative Perspective
Gabriel L. Negretto
Constitution-making has been a central political activity in the modern era. Enacting a new constitution was an essential ingredient in the foundation of republics, the creation of new states, the inauguration of democratic regimes, and the reequilibration of democracies during or after a political crisis. Constitution writing has also become a crucial part of the process of overcoming a legacy of violent internal conflict and a component of authoritarian regimes that seek to gain legitimacy by emulating the formalities of representative democracies. This article surveys the most important concepts and issues related to the comparative analysis of constitution-making. Although it draws examples from constitutions made in a wide variety of settings, special attention is paid to constitutional texts adopted or implemented under competitive conditions.
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Constitutions and the Rule of Law in Asia
Victor Ramraj, Maartje De Visser, and Arun Thiruvengadam
In the modern world, formal constitutions are ubiquitous as the legal foundation of the state, standing at the apex of the legal order. As they emerged in a North Atlantic context, constitutional law and the ideal of constitutionalism came to be associated with a liberal model of government in which the state, composed of its leaders and public officials, was limited by law. This model of a constrained government became encapsulated in the ideal of “rule of law”—distinguishing between autocratic systems that were ruled by “men,” on the one hand, and systems in which political leaders were constrained by law, on the other hand. In this model, the courts typically play a critical institutional role in keeping state power within constitutional boundaries. Although this “liberal” model of constitutionalism and the rule of law continue to dominate legal and political thought, the proliferation of postcolonial legal and political regimes, and competing understandings of government and the role of the state, have challenged the dominant liberal understanding of constitutions and the rule of law. Many of these challenges come from Asia, which encompasses a stunning variety of political regimes that shape the environment in which constitutionalism and the ideal of the rule of law acquire meaning. This makes Asia an ideal site from which to explore the contested notions of constitutions, constitutionalism, and the rule of law as powerful explanatory tools and, in some cases, important normative correctives to the liberal model.
Article
Corruption in African Politics
Tom Lodge
Survey evidence indicates that political corruption is more prevalent in Africa than in any other global region, though there is also evidence of considerable variation between countries in degrees of corruption and where it is most likely to be located. Traditional explanations for the frequency of corrupt political behavior emphasized the effects of conflicting values that were a consequence of the imposition of modern forms of bureaucratic government upon societies in which authority rested upon personalized relationships. Contemporary African corruption’s historic roots and its variation across the continent may be the effect of the disjuncture or “incongruency” between colonial and successor postcolonial states and the precolonial political settings upon which they were imposed. Modern neo-patrimonialism is a coping response by rulers and citizens to conditions fostered by economic scarcity and institutional incapacity. Since the 1990s, democratization and liberalization have supplied fresh incentives and opportunities for venal politicians and officials. And even among Africa’s more capable and resourceful states, the institutional fluidity generated by democratic transition and economic reform has opened up possibilities of systematically organized state capture. Consequences of corruption certainly further impoverish poor people, and it is likely that corruption also limits economic growth and distorts government efforts to promote development. It is arguable that in the past, corruption may have helped to facilitate political stability but this is less likely in 2018, as evidence emerges of its corrosive effects on public trust in institutions. African anti-corruption efforts are constrained by the extent to which political power is exercised through patronage but there are instances of successful action, sometimes the byproduct of factional struggles within the political elite. As of 2018, there is no clear evidence of trends in success or failure in the work of African anti-corruption agencies.
Article
Costa Rica: Demilitarization and Democratization
John A. Booth
An isolated Spanish frontier settlement with little or no significant mineral wealth, exportable crops, or exploitable indigenous population, colonial Costa Rica had only a rudimentary military. After independence in 1825, the population expanded and diversified as coffee cultivation generated growing wealth. Competing factions of the emergent coffee bourgeoisie fought to control the emerging state using elite-linked military officers to seize ruling power. Modernization and an external threat from Nicaragua and U.S. freebooters at mid-19th century led nation-building leaders to invest heavily in the army. Victorious in the 1856–1857 National War in Nicaragua, the military attained maximum size and power from 1870 to 1920 while oligarchic factions disputed ruling authority via fraudulent elections and coups d’état. Integration into the world economy deepened with banana production after 1890. Subsequent recessions and wars generated domestic economic inequality and a growing labor movement demanding reform. Civilian rule in the early 20th century was interrupted by the military regime of Federico Tinoco (1917–1919), whose atrocities led his civilian successors to almost dismantle the army. When a civil war erupted in 1948 against the divided, Communist-allied reformist government of the 1940s, the rebels defeated the army. The victorious National Liberation junta and new constitution abolished the army in 1949. Costa Rica committed to a police-based security model, nonaggression toward neighbors, and reliance on international alliances. Meanwhile, elites, spared the menace of military disruption, developed a successful electoral democratic regime. This has contributed to seven decades of political stability and allowed Costa Rica to invest successfully in economic development and its citizens’ welfare.
