These are perilous times for American democracy. Among the threats, many point to the power of corporations. This article examines that threat by considering a series of dualisms characterizing the relationship between corporations and democracy. This begins with a look at the anti- as well as the pro-democratic impacts of the earliest corporations and the paradoxes with respect to democracy created during the evolution of corporate law. The article then looks at internal corporate governance (so-called “corporate” or “shareholder democracy”) to show how, on the one hand, it contains features addressing some of the greatest current threats to American democracy, while, on the other hand, it operates as a fundamentally undemocratic vote buying system. This dualism in internal corporate governance, in turn, reflects a clash in the purpose for corporate or shareholder democracy: Is the purpose economic efficiency, or is it democratic legitimacy for those controlling the often-vast power of the corporation? Finally, this article addresses the dualism in the internal and external aspects of the relationship between corporations and democracy by situating the governance and impact of corporations within the broader democratic governance of society. Specifically, individuals in charge of corporations lack democratic consent and accountability for their decisions unless either internal corporate governance is consistent with democratic values; persons without voice through internal corporate governance can avoid the impact of such decisions by not dealing with the corporation; or democratically elected federal, state, and local governments can intervene when externalities and market failures render refusal to deal unrealistic. This, in turn, suggests the need to limit excessive political influence by those in charge of corporations or to reform the anti-democratic aspects of internal corporate governance.
{"title":"The Yin and Yang of Corporations and Democracy","authors":"Franklin A. Gevurtz","doi":"10.2139/ssrn.3902957","DOIUrl":"https://doi.org/10.2139/ssrn.3902957","url":null,"abstract":"These are perilous times for American democracy. Among the threats, many point to the power of corporations. This article examines that threat by considering a series of dualisms characterizing the relationship between corporations and democracy. This begins with a look at the anti- as well as the pro-democratic impacts of the earliest corporations and the paradoxes with respect to democracy created during the evolution of corporate law. The article then looks at internal corporate governance (so-called “corporate” or “shareholder democracy”) to show how, on the one hand, it contains features addressing some of the greatest current threats to American democracy, while, on the other hand, it operates as a fundamentally undemocratic vote buying system. This dualism in internal corporate governance, in turn, reflects a clash in the purpose for corporate or shareholder democracy: Is the purpose economic efficiency, or is it democratic legitimacy for those controlling the often-vast power of the corporation? Finally, this article addresses the dualism in the internal and external aspects of the relationship between corporations and democracy by situating the governance and impact of corporations within the broader democratic governance of society. Specifically, individuals in charge of corporations lack democratic consent and accountability for their decisions unless either internal corporate governance is consistent with democratic values; persons without voice through internal corporate governance can avoid the impact of such decisions by not dealing with the corporation; or democratically elected federal, state, and local governments can intervene when externalities and market failures render refusal to deal unrealistic. This, in turn, suggests the need to limit excessive political influence by those in charge of corporations or to reform the anti-democratic aspects of internal corporate governance.","PeriodicalId":126809,"journal":{"name":"Democratization: Building States & Democratic Processes eJournal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127461244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It has been commonly observed that tropical countries typically suffer from intense corruption and underdevelopment. I offer an explanation for this long-standing disparity across the world based on variation in the intensity of ultraviolet radiation (UV-R). The central idea of this paper holds that UV-R is positively associated with the (historical) prevalence of eye diseases, which significantly shortens work-life expectancy as a skilled worker. This arguably shapes the global pattern of corrupt practices. Interestingly, this finding appears to be strong and insensitive to accounting for different theories explaining differences in corruption levels across the globe. Further analyses using individual-level data taken from the World Values Survey and provincial level data for China lend strong credence to the cross-country evidence.
{"title":"Climate, diseases, and the origins of corruption","authors":"Trung V. Vu","doi":"10.2139/ssrn.3512306","DOIUrl":"https://doi.org/10.2139/ssrn.3512306","url":null,"abstract":"It has been commonly observed that tropical countries typically suffer from intense corruption and underdevelopment. I offer an explanation for this long-standing disparity across the world based on variation in the intensity of ultraviolet radiation (UV-R). The central idea of this paper holds that UV-R is positively associated with the (historical) prevalence of eye diseases, which significantly shortens work-life expectancy as a skilled worker. This arguably shapes the global pattern of corrupt practices. Interestingly, this finding appears to be strong and insensitive to accounting for different theories explaining differences in corruption levels across the globe. Further analyses using individual-level data taken from the World Values Survey and provincial level data for China lend strong credence to the cross-country evidence.","PeriodicalId":126809,"journal":{"name":"Democratization: Building States & Democratic Processes eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128500000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In general, the literature on democratization and inequality emphasizes that the adoption of a democratic regime brings voters who are below the national income average the incentive to vote for redistribution of income in their favor. However, it is worth mentioning that such an approach usually relies on events in developed countries. On average, these countries present particular models for moving through regimes of absolutist states and constitutional monarchies until, through popular pressure, they undergo a long and almost continuous process of democratization and an increase in the scope of the right to vote. This work analyzes the egalitarian aspect of democracy in the context of Argentina, given the political and institutional peculiarities of Latin America. The study's methodology follows a multi-method approach through quantitative (ARDL and Granger non-causality) and qualitative (congruence analysis) methods. The estimates indicate a long-term relationship between the democratization process in Argentina and the increase in income inequality. However, there is also an increase in the share of income distributed to workers. Qualitative historical work suggests that this relationship is due to the dispersion of wages related to economic shocks and redistribution of income to the middle class for electoral purposes.
{"title":"Tales of the Fall and Rise of (In)Egalitarian Democracy: The Case of Argentina (1913-1999)","authors":"Armando N.G.L Martins","doi":"10.2139/ssrn.3522160","DOIUrl":"https://doi.org/10.2139/ssrn.3522160","url":null,"abstract":"In general, the literature on democratization and inequality emphasizes that the adoption of a democratic regime brings voters who are below the national income average the incentive to vote for redistribution of income in their favor. However, it is worth mentioning that such an approach usually relies on events in developed countries. On average, these countries present particular models for moving through regimes of absolutist states and constitutional monarchies until, through popular pressure, they undergo a long and almost continuous process of democratization and an increase in the scope of the right to vote. This work analyzes the egalitarian aspect of democracy in the context of Argentina, given the political and institutional peculiarities of Latin America. The study's methodology follows a multi-method approach through quantitative (ARDL and Granger non-causality) and qualitative (congruence analysis) methods. The estimates indicate a long-term relationship between the democratization process in Argentina and the increase in income inequality. However, there is also an increase in the share of income distributed to workers. Qualitative historical work suggests that this relationship is due to the dispersion of wages related to economic shocks and redistribution of income to the middle class for electoral purposes.","PeriodicalId":126809,"journal":{"name":"Democratization: Building States & Democratic Processes eJournal","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127955676","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Terrorism despite being a global phenomenon has remained a subject matter that resisted social scientists efforts in proffering an acceptable definition. The rise of the dreaded Islamist group “Boko Haram�? formally known as Jama’tu Ahlis Sunna Lidda’awati wal-Jihad, in 2009, changed the dynamics of terrorism in Nigeria. This amongst the activities of other persons and group propelled the Nigerian Government to enacting the Terrorism (Prevention) Act, 2011. This piece of legislation was amended in 2013 as Terrorism (Prevention) (Amendment) Act, 2013. The Work proceeds in five unequal parts. The work took a look at investigations and prosecution of terrorism offences under the Terrorism (Prevention) (Amendment) Act, 2013. It considers reactive and proactive investigation. Acts that constitute terrorism acts are highlighted with discussion of issues that arises in pre-trial and trial of terrorism offences. The roles of the National Security Adviser and the Attorney-General of the Federation in Prosecuting Offences of Terrorism are highlighted in this work, even as a clarion call is made for synergy and cooperation between the office of the National Security Adviser and the Attorney-General of the Federation in ensuring effective investigation and prosecution of terrorism offences. Capacity building of all state actors (Security and law enforcement agencies) must be vigorously pursued.
{"title":"Investigation and Prosecution of Terrorism Under the Terrorism (Prevention) (Amendment) Act, 2013","authors":"J. Mantu","doi":"10.2139/ssrn.3496666","DOIUrl":"https://doi.org/10.2139/ssrn.3496666","url":null,"abstract":"Terrorism despite being a global phenomenon has remained a subject matter that resisted social scientists efforts in proffering an acceptable definition. The rise of the dreaded Islamist group “Boko Haram�? formally known as Jama’tu Ahlis Sunna Lidda’awati wal-Jihad, in 2009, changed the dynamics of terrorism in Nigeria. This amongst the activities of other persons and group propelled the Nigerian Government to enacting the Terrorism (Prevention) Act, 2011. This piece of legislation was amended in 2013 as Terrorism (Prevention) (Amendment) Act, 2013. The Work proceeds in five unequal parts. The work took a look at investigations and prosecution of terrorism offences under the Terrorism (Prevention) (Amendment) Act, 2013. It considers reactive and proactive investigation. Acts that constitute terrorism acts are highlighted with discussion of issues that arises in pre-trial and trial of terrorism offences. The roles of the National Security Adviser and the Attorney-General of the Federation in Prosecuting Offences of Terrorism are highlighted in this work, even as a clarion call is made for synergy and cooperation between the office of the National Security Adviser and the Attorney-General of the Federation in ensuring effective investigation and prosecution of terrorism offences. Capacity building of all state actors (Security and law enforcement agencies) must be vigorously pursued.","PeriodicalId":126809,"journal":{"name":"Democratization: Building States & Democratic Processes eJournal","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122551720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-05DOI: 10.31014/AIOR.1991.02.03.100
John Sunday Ojo, Godwin Ihemeje
This is a proposed Nigerian model of e-voting. The lessons learnt and huge successes recorded from countries that have practiced e-voting system such as Belgium, Brazil, Canada, Estonia, France Germany, India, Ireland, Netherlands, Norway, Switzerland, United Kingdom and the United States of America beaconed hope for adopting E-voting system as capable of proffering solution to electoral rigging in emerging Nigerian democracy. This paper concludes that while electronic voting is not a magic wand, it is the surest way yet for Nigeria to join the league of countries that have wiped out electoral fraud, which is the worst form of corruption. Concurrently, it is also the best way to hand over for the incoming regimes.
{"title":"Designing E-Voting As An ‘Apparatus’ For Combating Election Rigging: A Nigerian Model","authors":"John Sunday Ojo, Godwin Ihemeje","doi":"10.31014/AIOR.1991.02.03.100","DOIUrl":"https://doi.org/10.31014/AIOR.1991.02.03.100","url":null,"abstract":"This is a proposed Nigerian model of e-voting. The lessons learnt and huge successes recorded from countries that have practiced e-voting system such as Belgium, Brazil, Canada, Estonia, France Germany, India, Ireland, Netherlands, Norway, Switzerland, United Kingdom and the United States of America beaconed hope for adopting E-voting system as capable of proffering solution to electoral rigging in emerging Nigerian democracy. This paper concludes that while electronic voting is not a magic wand, it is the surest way yet for Nigeria to join the league of countries that have wiped out electoral fraud, which is the worst form of corruption. Concurrently, it is also the best way to hand over for the incoming regimes.","PeriodicalId":126809,"journal":{"name":"Democratization: Building States & Democratic Processes eJournal","volume":"174 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131640734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-07DOI: 10.1093/oso/9780198759393.003.5
M. Klamert, D. Kochenov
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
{"title":"Article 2 TEU","authors":"M. Klamert, D. Kochenov","doi":"10.1093/oso/9780198759393.003.5","DOIUrl":"https://doi.org/10.1093/oso/9780198759393.003.5","url":null,"abstract":"The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.","PeriodicalId":126809,"journal":{"name":"Democratization: Building States & Democratic Processes eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114568189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
National development remains clearly elusive in some regions of the world. And democracy is frequently proposed as the catalyst of development for such locations. This presupposes that development was stunted by the dearth of democracy in these environments. At the heart of the undemocratic tendencies in the affected nation states is the phenomenon of strongmen in government. These genres of leaders usually detest the notion of the Rule of Law, as the very bedrock of development. They candidly although, project national interest as the superior paradigm of progress in these nations, giving rise to the scenario of competing models of national development for such places. This paper is a contribution to the reconciliation of the conflicting issues. Its premises are derived from the disciplines of law, political science and development studies. The work is framed on the experiences of the Nigerian nation state in West Africa.
{"title":"The Rule of Law, Democracy and Competing Paradigms of National Development: Locating the Nexus","authors":"A. Idike","doi":"10.2139/ssrn.3387909","DOIUrl":"https://doi.org/10.2139/ssrn.3387909","url":null,"abstract":"National development remains clearly elusive in some regions of the world. And democracy is frequently proposed as the catalyst of development for such locations. This presupposes that development was stunted by the dearth of democracy in these environments. At the heart of the undemocratic tendencies in the affected nation states is the phenomenon of strongmen in government. These genres of leaders usually detest the notion of the Rule of Law, as the very bedrock of development. They candidly although, project national interest as the superior paradigm of progress in these nations, giving rise to the scenario of competing models of national development for such places. This paper is a contribution to the reconciliation of the conflicting issues. Its premises are derived from the disciplines of law, political science and development studies. The work is framed on the experiences of the Nigerian nation state in West Africa.","PeriodicalId":126809,"journal":{"name":"Democratization: Building States & Democratic Processes eJournal","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116174982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Russian Abstract: Рассматриваются политико-правовые основания формирования новой демократической парадигмы на основе развития информационно-коммуникационных технологий. Выделены проблемы, ограничивающие потенциал развития электронной демократии и модернизации общества и государства.
English Abstract: It considers the political and legal foundations of the formation of a new democratic paradigm based on the development of information and communication technologies. It highlight the problems that restrict the development potential of e-democracy and the modernization of society and the state.
{"title":"О некоторых аспектах политико-правовой парадигмы электронной демократии (On Some Aspects of the Political and Legal Paradigm of E-Democracy)","authors":"Antonov Jaroslav Valerievich","doi":"10.2139/ssrn.3293578","DOIUrl":"https://doi.org/10.2139/ssrn.3293578","url":null,"abstract":"<b>Russian Abstract:</b> Рассматриваются политико-правовые основания формирования новой демократической парадигмы на основе развития информационно-коммуникационных технологий. Выделены проблемы, ограничивающие потенциал развития электронной демократии и модернизации общества и государства.<br><br><b>English Abstract:</b> It considers the political and legal foundations of the formation of a new democratic paradigm based on the development of information and communication technologies. It highlight the problems that restrict the development potential of e-democracy and the modernization of society and the state.","PeriodicalId":126809,"journal":{"name":"Democratization: Building States & Democratic Processes eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128012074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Russian Abstract: В данной статье рассматриваются особенности эволюции правового регулирования электронного голосования в России в контексте развития системы электронной демократии. Исследованы основные закономерности и тенденции совершенствования нормативно-правовой базы электронного голосования, в том числе в связи с развитием электронной демократии.
English Abstract: This article describes the features of the evolution of legal regulation of electronic voting in Russia in the context of development of system of e-democracy. The authors describes basic regularities and tendencies in improving the legal framework of e-voting, including in connection with development of e-democracy.
{"title":"Конституционно-правовое регулирование электронного голосования в контексте развития системы электронной демократии в России (Constitutional and Legal Regulation of Electronic Voting in the Context of Development of System of E-Democracy in Russia)","authors":"Antonov Jaroslav Valerievich","doi":"10.2139/ssrn.3293616","DOIUrl":"https://doi.org/10.2139/ssrn.3293616","url":null,"abstract":"<b>Russian Abstract:</b> В данной статье рассматриваются особенности эволюции правового регулирования электронного голосования в России в контексте развития системы электронной демократии. Исследованы основные закономерности и тенденции совершенствования нормативно-правовой базы электронного голосования, в том числе в связи с развитием электронной демократии.<br><br><b>English Abstract:</b> This article describes the features of the evolution of legal regulation of electronic voting in Russia in the context of development of system of e-democracy. The authors describes basic regularities and tendencies in improving the legal framework of e-voting, including in connection with development of e-democracy.","PeriodicalId":126809,"journal":{"name":"Democratization: Building States & Democratic Processes eJournal","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131932361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Russian Abstract: Рассмотрены электронные общественные инициативы как базовый механизм электронной демократии на современном этапе развития общества и государства. Изложены результаты анализа общественных инициатив на интернет-портале "Российская общественная инициатива". Сформулированы выводы и предложения.
English Abstract: It considers the electronic public initiatives as the basic mechanism of electronic democracy at the contemporary stage of development of society and the state. It highlight the results of the analysis of public initiatives on the internet portal "Russian Public Initiative". It formulated conclusions and suggestions.
{"title":"Электронные общественные инициативы как механизм электронной демократии (Electronic Public Initiatives As a Mechanism of E-Democracy)","authors":"Antonov Jaroslav Valerievich","doi":"10.2139/ssrn.3293582","DOIUrl":"https://doi.org/10.2139/ssrn.3293582","url":null,"abstract":"<b>Russian Abstract:</b> Рассмотрены электронные общественные инициативы как базовый механизм электронной демократии на современном этапе развития общества и государства. Изложены результаты анализа общественных инициатив на интернет-портале \"Российская общественная инициатива\". Сформулированы выводы и предложения.<br><br><b>English Abstract:</b> It considers the electronic public initiatives as the basic mechanism of electronic democracy at the contemporary stage of development of society and the state. It highlight the results of the analysis of public initiatives on the internet portal \"Russian Public Initiative\". It formulated conclusions and suggestions.","PeriodicalId":126809,"journal":{"name":"Democratization: Building States & Democratic Processes eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124152480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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