The Politics and Law of Democratic Transition


Book Description

Peaceful legal and political ‘changing of the guards’ is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral ‘caretaker covernment’ (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments’ wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality – perhaps akin to the CTG ethos – to oversee electoral governance, which will have to be renegotiated by the polity based on the people’s will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law.




Politics and Governance in Bangladesh


Book Description

Since its Independence in 1971, Bangladesh has made remarkable progress in terms of reducing poverty levels, achieving high levels of economic growth over a sustained period of time, and meeting its Millennium Development Goals (MDG) targets set by the United Nations. With some justification, Bangladesh is considered an international development success story, and the country appears to be well on track to meet its policy target of becoming a middle-income country by 2021, the same year the country will celebrate 50 years of Independence. This book explores the central issue of Bangladeshi politics: the weakness of governance. The coexistence of a poor governance track record and a relatively strong socioeconomic performance makes Bangladesh an intriguing case which throws up exciting and relevant conceptual and policy challenges. Structured in four sections - Political Settlement, Elites and Deep Structures; Democracy, Citizenship and Values; Civil Society, Local Context and Political Change; Informality and Accountability – the book identifies and engages with these challenges. Chapters by experts in the field share a number of conceptual and epistemological principles and offer a combination of theoretical and empirical insights, and cover a good range of contemporary issues and debate. Employing a structurally determinist perspective, this book explains politics and society in Bangladesh from a novel perspective. Academics in the field of governance and politics in developing countries, with a focus on South Asia and Bangladesh will welcome its publication.




Freedom in the World 2006


Book Description

Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 192 countries and a group of select territories are used by policy makers, the media, international corporations, and civic activists and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. Press accounts of the survey findings appear in hundreds of influential newspapers in the United States and abroad and form the basis of numerous radio and television reports. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.







Bangladesh


Book Description

Bangladesh is a country of paradoxes. The eighth most populous country of the world, it has attracted considerable attention from the international media and western policy-makers in recent years, often for the wrong reasons: corruption, natural disasters caused by its precarious geographical location, and volatile political situations with several military coups, following its independence from Pakistan in 1971. Institutional corruption, growing religious intolerance and Islamist militancy have reflected the weakness of the state and undermined its capacity. Yet the country has demonstrated significant economic potential and has achieved successes in areas such as female education, population control and reductions in child mortality. Ali Riaz here examines the political processes which engendered these paradoxical tendencies, taking into account the problems of democratization and the effects this has had, and will continue to have, in the wider South Asian region. This comprehensive and unique overview of political and historical developments in Bangladesh since 1971 will provide essential reading for observers of Bangladesh and South Asia.







The Constitutional Law of Bangladesh


Book Description

This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional law of Bangladesh over 50 years from its embryonic stage with reference to comparative constitutional law. This book is a very useful resource for the comparative constitutional researchers as readers will be able to easily interpret the constitutional law of Bangladesh from national, regional and global constitutional law perspectives. This book celebrates the fiftieth anniversary of the Constitution, the first of its kind to portray the journey of constitutionalism in Bangladesh comprehensively with intellectual observations and palatable recommendations for improvement. This book looks back to the constituent assembly debates, intention of the constitution makers and how have those dreams and aspirations have come into realities, what goals have been achieved, what caused some failures, and what should be its future directions. At such a momentous point in history, it is imperative that its native and foreign constitutional authoritative voices scholarly assess the constitutional design, understand the reasons for its successes and occasional failures, and ventilate their views towards its progressive development to elevate it to a new height in the 21st century and beyond. The book chapters discuss not only the text of the constitution and some judicial precedents, rather involve in a much larger task of unveiling the interpretative approach of the Constitution from a comparative constitutional law perspective. This book shall project the future roadmap for the journey of constitutionalism in Bangladesh throughout all chapters offering policy recommendations for the revision of the Constitution.







The Credibility Challenge


Book Description

The key to the impact of international election support is credibility; credible elections are less likely to turn violent. So argues Inken von Borzyskowski in The Credibility Challenge, in which she provides an explanation of why and when election support can increase or reduce violence. Von Borzyskowski answers four major questions: Under what circumstances can election support influence election violence? How can election support shape the incentives of domestic actors to engage in or abstain from violence? Does support help reduce violence or increase it? And, which type of support—observation or technical assistance—is better in each instance? The Credibility Challenge pulls broad quantitative evidence and qualitative observations from Guyana, Liberia, Kenya, Sierra Leone, and Bangladesh to respond to these questions. Von Borzyskowski finds that international democracy aid matters for election credibility and violence; outside observers can exacerbate postelection violence if they cast doubt on election credibility; and technical assistance helps build electoral institutions, improves election credibility, and reduces violence. Her results advance research and policy on peacebuilding and democracy promotion in new and surprising ways.




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