1-3 of 3 Results  for:

  • Contentious Politics and Political Violence x
  • Governance/Political Change x
  • History and Politics x
  • Policy, Administration, and Bureaucracy x
Clear all

Article

Constitutions and the Rule of Law in Asia  

Maartje De Visser, Victor V. Ramraj, 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

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.

Article

Regime Resilience in Malaysia and Singapore Revisited: Ideologically-Bounded Democracies?  

Kai Ostwald

Malaysia and Singapore were long seen as quintessential hybrid regimes that combined elements of electoral democracy and autocracy to achieve remarkable political stability: the United Malays National Organisation (UMNO) dominated Malaysia’s politics for over six decades before its unexpected defeat in 2018, while the People’s Action Party (PAP) has led Singapore since the country’s independence and remains in power today. Both parties attained dominance through similar channels. UMNO and the PAP accrued significant legitimacy by overseeing decades of rapid socioeconomic development that transformed the citizenry’s lives. Embedding ideological frameworks—based on empowerment of the Indigenous Malay majority in Malaysia and overcoming systemic vulnerability in Singapore—throughout the state and the electorate provided electoral advantages and further bolstered legitimacy. This was supplemented by regularly reshaping institutions to strengthen incumbency advantages, as well as occasional usage of coercion to limit inroads by opposition challengers. Both regimes have evolved in key ways since the turn of the 21st century. UMNO saw its dominance gradually erode in the decade before its 2018 defeat. It mounted a brief comeback in 2020, but its decisive loss in the 2022 election marked a clear end to its hegemonic rule. While the PAP remains in power, it faces stiffer opposition and a “politically awakened” electorate, also marking a departure from earlier phases of uncontested dominance. While there is disagreement on how extensively these developments change the nature of the underlying regimes, several points are clear. Even if party dominance has declined, the ideological frameworks that both parties established remain intact and fundamentally shape political competition, which is free and relatively fair within the ideological bounds imposed by those frameworks. Moreover, the strength of the ideological bounds is such that no political actor has the agency to unilaterally remove them, which may preclude democratization as it is typically understood. On the opposition side, strong inroads, made in part by conforming to the ideological frameworks, have allowed opposition parties to accrue legitimacy of their own. This has made coercion more costly and has diminished its role in maintaining power. In short, elements of the regimes in Malaysia and Singapore remain resilient. But they are fundamentally different than during the peak of UMNO and PAP dominance: the opposition has accrued legitimacy, the role of coercion has diminished, and political competition now occurs relatively freely within the bounds imposed by the respective ideological frameworks. This puts the current regimes in tension with the assumptions underpinning their earlier “hybrid” classifications, and raises a question: rather than assessing how every political twist and turn moves the needle on a two-dimensional autocracy–democracy spectrum, could it be more practical to think of Malaysia and Singapore as having evolved into relatively stable vernacular democracies that, albeit not fully democratic by conventional standards, are as democratic as the ideological constraints left behind by their founding and long-dominant parties credibly allow?