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.
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Constitutions and the Rule of Law in Asia
Victor Ramraj, Maartje De Visser, and Arun Thiruvengadam
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Evaluating Success and Failure in Crisis Management
Allan McConnell
Crises and disasters come in many shapes and sizes. They range from global pandemics and global financial crises to tsunamis, hurricanes, volcanic ash clouds, bushfires, terrorist attacks, critical infrastructure failures and food contamination episodes. Threats may be locally isolated such as an explosion at a local fireworks factory, or they may cascade across multiple countries and sectors, such as pandemics. No country is immune from the challenge of managing extraordinary threats, and doing so out of their comfort zone of routine policy making. The crisis management challenge involves managing threats ‘on the ground’, as well as the political fallout and societal fears.
Populist and journalistic commentary frequently labels crisis management initiatives as having either succeeded or failed. The realities are much more complex. Evaluators confront numerous methodological challenges. These include the careful consideration of multiple and often competing outcomes, differing perceptions, issues of success for whom, and gray areas stemming from shortfalls and lack of evidence, as well as variations over time. Despite such complexity, some key themes appear continually across evaluations, from internal reviews to royal commissions and accident inquiries. These pertain to the ways in which evaluations can be shaped heavily or lightly by political agendas, the degree to which evaluating organizations are able to open up, the degree to which gray areas and shortfalls are stumbling blocks in producing findings, and the challenge of producing coherent investigative narratives when many storylines are possible. Ultimately, evaluating crisis initiatives is “political” in nature because it seeks to provide authoritative evaluations that reconcile multiple views, from experts and lawyers to victims and their families.
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LGBT Military Service Policies in the United States
Andrew Goodhart and Jami K. Taylor
For most of its history, the U.S. military has maintained a policy of exclusion toward lesbian, gay, bisexual, and transgender (LGBT) people serving in uniform. The justifications for these exclusions have included the view that being homosexual or transgender is a psychological disorder, that it undermines military morale and effectiveness, and a fear that LGBT people would be vulnerable to foreign espionage. Explicit policies banning consensual homosexual sex—and excluding from service those who engage in it—date to the period between World Wars I and II, but de facto efforts at exclusion have existed since the early days of the republic.
Regulations governing homosexuals in the military came under pressure in the 1970s and 1980s as societal views toward lesbian, gay, and bisexual (LGB) people changed, and those LGB service members discharged under the policy increasingly challenged their treatment in court. (Public pressure to change regulations governing transgender people in the military arose mostly in the 2000s, though litigation efforts date to the 1970s.) In addition to general shifts in public and legal opinion, the debate over LGB people serving in the U.S. military was affected by the experience of foreign militaries that allow LGB people to serve. United States law began to loosen formal restrictions on LBG people serving in uniform with the passage of “Don’t Ask, Don’t Tell” (DADT) in 1994, but it still required LGB people to serve in secret. Changing public perceptions of LGB people and problems implementing the ban galvanized support for eliminating such restrictions. In 2010, President Obama signed legislation repealing DADT and removing all restrictions on LGB people serving in the military. However, transgender people do not enjoy the same rights. The Trump administration has revised Obama-era rules on transgender service members to enable greater exclusion. The issue is being contested in the courts and appears ripe for further political and legal dispute.
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The Politics of Crisis Terminology
Allan McConnell
The politics of crisis terminology is rarely examined directly. Crisis is an “umbrella,” under which resides a multitude of terms such as accidents, emergencies, fiascos, disasters, and catastrophes, as well as variations such as natural disasters, transboundary crises, and mega-crises. Yet the sheer diversity and frequent ambiguity among terms reflects the “politics” of how societies and political actors seek to cope with and address extreme events, which often pose a mixture of threat and opportunity. Central to an understanding is how (a) different terms are means of framing issues such as the scale and causes of the crisis, (b) crisis terms are part of governing strategies, and (c) nongovernmental actors (opposition parties, media, lobby groups, social movements, and citizens) can seek to influence government. A pivotal point in developing an understanding of crisis terminology is that rather bemoaning the lack of singular meanings for crisis and associated terms, or criticizing actors for “abuse” of the terms, one should recognize and accept that complex and contested crisis language and definitions are in themselves manifestations of politics in political societies.
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Serbia’s Civil-Military Relations
Filip Ejdus
When, how, why, and to what effect did the military involve itself in Serbia’s politics? Due to its decisive role in national liberation and state-building, the Serbian military has always enjoyed high societal reputation. Since the 19th century, the military also played an important role of a nation-builder and social elevator for the lower strata of society. However, Serbia also has a very long tradition of military involvement in politics with several coups that decisively shaped the course of national history. Since the outset of Serbia’s state-building in the first half of the 19th century, Serbia experienced four successful military coups and many occasions when its armed forces were used to quash domestic unrest. The reasons behind the robust involvement of armed forces in Serbian (and Yugoslav politics) have been diverse and ranged from an ambition to provide internal stability and defend national or corporate interests to a desire to change the country’s foreign policy orientation. Since the end of the Cold War, the military played an ambiguous role on some occasions undermining democracy, while on others being an agent of democratic transformation. Since 2006, the military of Serbia has been placed under civilian democratic control and seems to have internalized its role of a politically neutral and professional force with a mission to defend the country, support civilian authorities in the event of emergency, and contribute to international peace and security. Still, the ongoing democratic backsliding, the lack of clarity about the state’s strategic outlook, and the still unresolved status of Serbia’s former province Kosovo all preserve the potential for civil-military tensions in the future.
