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Judicialising party primaries : contemporary developments in Nigeria 政党初选司法化:尼日利亚的当代发展
Pub Date : 2022-06-01 DOI: 10.20940/jae/2022/v21i1a2
M. Ihembe, C. Isike
This article explores the judicialisation of party primaries in contemporary Nigeria, which is a defining feature of the country’s electoral politics. Since the inception of the Fourth Republic, the lack of internal democracy within the parties has been the source of protracted crises during nomination, and this often gravitates to the serenity of the court(s). Dominant disquisitions in legal theory contend that disputed primaries are internal party affairs; hence, they are non-justiciable. Drawing on primary and secondary data – YouTube interviews, the Constitution, the Electoral Act, judicial ruling, media reports, and personal observation – this article argues that to the extent that political parties are juridical entities, disputed primary elections are justiciable, hence a legal question to be resolved by the judiciary. To validate our argument, the article draws on Raphael’s (1970) notion of universal and compulsory jurisdiction. Our enquiry reveals that the failure of the internal mechanisms of the parties to resolve disputed party primaries accounts for aggrieved aspirants’ reliance on legal redress. While this approach has been questioned from a legalistic point of view, the constitutionality of seeking legal redress has its provenance in the change of legal regime regulating party primaries, which has shaped, reshaped, and positively impacted electoral democracy in Nigeria.
本文探讨了当代尼日利亚政党初选的司法化,这是该国选举政治的一个决定性特征。自第四共和国成立以来,各党派内部缺乏民主一直是提名期间旷日持久的危机的根源,这往往导致法院的平静。法学理论的主流论述认为,有争议的初选是党内事务;因此,它们是不可审理的。本文以YouTube访谈、宪法、选举法、司法裁决、媒体报导和个人观察等第一手和第二手资料为依据,认为政党是司法实体,有争议的初选是可审判的,因此是司法部门应解决的法律问题。为了验证我们的论点,本文借鉴了拉斐尔(1970)的普遍和强制管辖权的概念。我们的调查显示,当事方的内部机制未能解决有争议的政党初选,这是受害的有志者依赖法律补救的原因。虽然这种方法从法律主义的角度受到质疑,但寻求法律补救的合宪性源于规范政党初选的法律制度的变化,这一制度塑造、重塑并积极影响了尼日利亚的选举民主。
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引用次数: 0
Democracy and Electoral Politics In Zambia 赞比亚的民主和选举政治
Pub Date : 2022-06-01 DOI: 10.20940/jae/2022/v21i1a10
T. Lodge
Book review
书评
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引用次数: 2
The political participation of youth in Mozambique’s 2019 general eletions 莫桑比克2019年大选中青年的政治参与
Pub Date : 2022-06-01 DOI: 10.20940/jae/2022/v21i1a5
Dércio Tsandzana
This article discusses the political participation of youth in Mozambique’s electoral processes, specifically the 2019 general elections. The results were obtained through interaction (semi-structured interviews) with young members and institutional representatives from four political parties, who explained their views on youth and political participation during elections. The interviews were conducted between April and September 2021 through virtual platforms. We also carried out a detailed analysis of the manifestos of three political parties. The study finds that Mozambican political parties do not have a clear vision of young people’s aspirations, since the definition of the ‘youth problem’ is dominated by adults. In addition, young people’s issues have been generalised without considering the specific concept of what it means to be young. However, in order to maintain the social and economic benefits provided by their political parties, the same young people assume that adults continue to be an example to follow in guiding the destiny of the country.
本文讨论青年在莫桑比克选举过程中的政治参与,特别是2019年大选。调查结果是通过与四个政党的青年议员和机构代表互动(半结构化访谈)获得的,他们解释了他们对选举期间青年和政治参与的看法。采访于2021年4月至9月通过虚拟平台进行。我们还对三个政党的宣言进行了详细的分析。这项研究发现,莫桑比克的政党对年轻人的愿望没有清晰的认识,因为“青年问题”的定义主要是由成年人来定义的。此外,年轻人的问题在没有考虑到什么是年轻的具体概念的情况下被一概而论。然而,为了维持其政党提供的社会和经济利益,这些年轻人认为成年人继续成为指导国家命运的榜样。
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引用次数: 0
Coalition Politics in Lesotho: A Multi-disciplinary Study of Coalitions and their Implications for Governance 莱索托的联盟政治:联盟的多学科研究及其对治理的影响
Pub Date : 2021-12-28 DOI: 10.52779/9781991201690
R. Southall
Ever since independence from Britain in 1966, Lesotho has been an experimental laboratory of various governance models. The country has experienced multi-party models, plain dictatorships, one-party dominated models, military juntas and, recently, coalition governments. The advent of coalition politics since 2012 has brought a paradigmatic shift in the entire socio-political landscape in the country. This era has, hitherto, largely remained under-studied. Coalition Politics in Lesotho is the first book-long study specifically dedicated to this significant era in the country’s history. Edited by the two leading politico-legal scholars on Lesotho, the book is a multi-disciplinary study of the implications of coalitions for governance and development.
自1966年脱离英国独立以来,莱索托一直是各种治理模式的实验实验室。这个国家经历了多党制模式、纯粹的独裁统治、一党统治模式、军政府以及最近的联合政府。自2012年以来,联合政治的出现给该国的整个社会政治格局带来了范式转变。到目前为止,这个时代在很大程度上仍未得到充分研究。《莱索托的联合政治》是第一本专门研究该国历史上这一重要时期的著作。这本书由两位研究莱索托的主要政治和法律学者编辑,是对联盟对治理和发展的影响的多学科研究。
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引用次数: 2
Women’s representation in Lesotho’s legislative bodies. A Politico-Legal Analysis of the Effectiveness of Electoral Gender Quotas 妇女在莱索托立法机构中的代表性。选举性别配额有效性的政法分析
Pub Date : 2021-10-01 DOI: 10.20940/jae/2021/v20i2a5
H. Nyane, Mamello Rakolobe
Women are under-represented in legislative bodies in the majority of countries, and Lesotho is no exception to this worldwide trend. In an attempt to address this problem, the country has adopted, through electoral laws, electoral gender quota systems for both local and national legislative structures. The country has introduced a 30% gender quota requirement for election to the local councils at the local level. At the national level, it introduced a ‘zebra list’ – the condition that when political parties submit lists for the purposes of 40 proportional representation (PR) seats in the National Assembly, the names must alternate between those of men and women. The idea was to attain 50% representation of women in the National Assembly, at least for the 40 PR seats. The effectiveness of these two quota systems in enhancing women’s representation has been the subject of intense disagreement. The animating question is whether, since the adoption of gender quotas, the representation of women in legislative bodies has improved. The article investigates this question using the qualitative content analysis method. The central hypothesis is that electoral gender quotas in Lesotho, particularly at the national level, have not significantly improved the representation of women. The paper critiques the models used and makes some recommendations for reform.
在大多数国家,妇女在立法机构中的代表人数不足,莱索托也不例外。为了解决这个问题,该国通过选举法,在地方和国家立法机构中采用了选举性别配额制度。该国在地方一级的地方议会选举中引入了30%的性别配额要求。在国家层面,它引入了“斑马名单”,即政党为争取国会中40个比例代表席位而提交名单时,名单必须在男性和女性之间交替。当时的想法是让女性在国民议会中占到50%的比例,至少在40个国民议会席位中是这样。这两种配额制度在提高妇女代表性方面的有效性一直是激烈分歧的主题。令人振奋的问题是,自从采用性别配额以来,妇女在立法机构中的代表性是否有所改善。本文采用定性内容分析法对这一问题进行了研究。中心假设是,莱索托的选举性别配额,特别是在国家一级,并没有显著改善妇女的代表性。本文对所使用的模型进行了批评,并提出了一些改革建议。
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引用次数: 0
A silent revolution. Zambia’s 2021 General Election 一场无声的革命。赞比亚2021年大选
Pub Date : 2021-10-01 DOI: 10.20940/jae/2021/v20i2a3
Hangala Siachiwena
This paper discusses Zambia’s 2021 election which was held in a context of democratic backsliding and poor economic performance. The election resulted in Zambia’s third alternation of power between political parties since the democratic wave of the 1990s. The ruling Patriotic Front (PF) used its incumbent advantages to control institutions that were crucial for promoting democracy and ensuring a credible election. The election was also characterised by political violence which limited the ability for the opposition United Party for National Development (UPND) to mobilise freely. Further, an Afrobarometer survey conducted in December 2020 showed that half of all citizens surveyed were unwilling to declare who they would vote for, thereby suppressing the extent of UPND’s support. Yet, the UPND won 59% in the presidential election and won the most parliamentary seats in an election that had one of the highest voter-turnouts since the advent of Zambia’s multi-party democracy. This paper argues that there was a ‘silent revolution’ in Zambia that resulted in the defeat of the PF. It also shows that Zambian citizens have not been complacent in the face of democratic backsliding.
本文讨论了赞比亚在民主倒退和经济表现不佳的背景下举行的2021年选举。这次选举是赞比亚自20世纪90年代民主浪潮以来第三次在政党之间进行权力交替。执政的爱国阵线(PF)利用其在位优势控制了对促进民主和确保可信选举至关重要的机构。选举的另一个特点是政治暴力,这限制了反对党国家发展统一党自由动员的能力。此外,2020年12月进行的一项非洲晴雨表调查显示,接受调查的所有公民中有一半不愿宣布他们将投票给谁,从而压制了团结民主联盟的支持程度。然而,UPND在总统选举中赢得了59%的选票,并在选举中赢得了最多的议会席位,这是自赞比亚实行多党民主以来投票率最高的一次选举。本文认为,赞比亚有一场“无声的革命”,导致民盟败选,也显示赞比亚民众面对民主倒退并不自满。
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引用次数: 4
The rural electorate in Zimbabwe’s elecitions 1980-2018 : Consciousness and voting preferences 1980-2018年津巴布韦选举中的农村选民:意识与投票偏好
Pub Date : 2021-10-01 DOI: 10.20940/jae/2021/v20i2a8
T. Muzorewa, Mark Nyandoro
This article analyses rural electorate consciousness and urban voting preferences during Zimbabwe’s elections from 1980 to 2018. The article gives agency to the rural dwellers in elections, contrary to the general perception of a captured rural voter and liberal urban voter. To analyse rural voters’ electoral consciousness, the paper uses primary sources (electoral statistical records), oral interviews (notwithstanding the prevailing COVID-19 lockdown environment) and secondary literature to derive research data. The data helps to determine the differences between urban and rural ideologies, culture and ethics which manifest in the political party preferences of the social groups in the two geographical spaces. The paper concludes that rural dwellers tended to support the ruling party at elections, though they were more vulnerable to political patronage and seemingly forced participation in electoral processes than the urban voters. Nonetheless, complex cultural, economic, social and historic factors compelled them to participate in elections more than their urban counterparts. Thus, rural voters can be viewed as conscious participants in electoral processes with varied, albeit mobilised participation and political ideologies.
本文分析了1980 - 2018年津巴布韦选举中的农村选民意识和城市投票偏好。这篇文章赋予了农村居民在选举中的代理权,而不是一般认为的被俘获的农村选民和自由的城市选民。为了分析农村选民的选举意识,本文使用了第一手资料(选举统计记录)、口头访谈(尽管目前处于COVID-19封锁环境)和二手文献来获得研究数据。这些数据有助于确定城乡意识形态、文化和伦理之间的差异,这些差异体现在两个地理空间中社会群体的政党偏好上。论文的结论是,农村居民在选举中倾向于支持执政党,尽管他们比城市选民更容易受到政治庇护和似乎被迫参与选举过程的影响。然而,复杂的文化、经济、社会和历史因素迫使他们比城市居民更多地参加选举。因此,农村选民可以被视为选举过程的有意识参与者,尽管参与程度和政治意识形态各不相同。
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引用次数: 0
Party nominee or independent candidate? Examining Electoral Reforms and the Use of Digital Technologies for Voter Participation in South Africa 政党提名还是独立候选人?审查南非选举改革和使用数字技术促进选民参与
Pub Date : 2021-10-01 DOI: 10.20940/jae/2021/v20i2a7
Limukani Mathe
This article discusses electoral reforms and the use of digital technologies for voter participation in South Africa. The study employed focus group discussions and in-depth interviews through semi-structured questions to engage with voters and politicians. Informed by theories on politics and technology, the articles notes that the current electoral system has advantages and disadvantages, though it can be enhanced by the inclusion of a mixed proportional or constituency-based electoral system whereby voters elect political party candidates or independent candidates to represent their constituencies. The article argues that digital technologies alone cannot enhance voter participation without electoral policies that promote voter participation in the candidate selection processes for provincial and national elections. The article further highlights the fact that the use of digital technologies and a mixed electoral system are desirable for maximum citizen participation in national and provincial elections. However, some political parties enjoying dominance in the multi-party democracy might perceive reform as unfavourable. The article concludes that consensus and political will are fundamental to harness all progressive electoral reforms and digital tools for sustainable democracy.
本文讨论南非的选举改革和使用数字技术促进选民参与。该研究采用焦点小组讨论和深度访谈的方式,通过半结构化的问题与选民和政治家互动。根据政治和技术理论,文章指出,目前的选举制度既有优点也有缺点,尽管可以通过纳入混合比例或选区选举制度来加强,选民可以选举政党候选人或独立候选人来代表他们的选区。文章认为,如果没有促进选民参与地方和国家选举候选人选择过程的选举政策,仅靠数字技术无法提高选民参与。这篇文章进一步强调,数位科技与混合选举制度的使用,是公民参与全国与省级选举的最佳方式。然而,在多党民主制中享有主导地位的一些政党可能认为改革是不利的。文章的结论是,共识和政治意愿是利用所有渐进式选举改革和数字化工具实现可持续民主的基础。
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引用次数: 2
Elections, Legitimacy, and Democratic Consolidation in Southern Africa Lessons from Zambia, Zimbabwe and Malawi 南部非洲的选举、合法性和民主巩固:赞比亚、津巴布韦和马拉维的经验教训
Pub Date : 2021-06-01 DOI: 10.20940/jae/2021/v20i1a4
Hangala Siachiwena, C. Saunders
Regular elections are now the norm across most of sub-Saharan Africa, but repeated elections have not guaranteed the consolidation of democracy. Election legitimacy is crucial for democratisation. When losing political actors and their supporters are not satisfied with the electoral process, there is potential for growing political tensions. Fraudulent or controversial elections fail to confer legitimacy on the winners, and undermine the integrity of elections and democracy. Drawing on Afrobarometer data and media accounts, this paper focuses on the most recent elections held in three southern African countries: Zambia, Zimbabwe and Malawi. We show that when citizens believe that elections were not free and fair, there is a decline in their satisfaction with democracy and the trust they have in institutions such as electoral commissions and courts of law. The absence of political reforms to address disputed election outcomes increases the likelihood that future elections will not be contested fairly. This sets countries on a path of democratic decline rather than consolidation.
定期选举现在是撒哈拉以南非洲大部分地区的常态,但反复的选举并不能保证民主的巩固。选举合法性对民主化至关重要。当失败的政治参与者及其支持者对选举过程不满意时,就有可能出现日益紧张的政治局势。舞弊或有争议的选举不能赋予获胜者合法性,并破坏选举和民主的完整性。根据非洲晴雨表的数据和媒体报道,本文重点关注最近在三个南部非洲国家举行的选举:赞比亚、津巴布韦和马拉维。我们表明,当公民认为选举不自由和不公平时,他们对民主的满意度和对选举委员会和法院等机构的信任就会下降。缺乏政治改革来解决有争议的选举结果,增加了未来选举不公平竞争的可能性。这让各国走上了民主衰落而非巩固的道路。
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引用次数: 1
Voting rights of Zimbabweans in the diaspora 散居海外的津巴布韦人的投票权
Pub Date : 2021-06-01 DOI: 10.20940/jae/2021/v20i1a7
M. Vambe
The Constitution of Zimbabwe states that citizens who have reached the age of 18 years may vote in local and national elections. However, the Electoral Act states that only Zimbabwean citizens who are on diplomatic missions, civil servants and members of the armed forces on external missions may vote from abroad. This legal requirement effectively disenfranchises millions of Zimbabwean citizens who live and work in other countries. Why the current Zimbabwean authorities do not allow or enable their citizens to vote from abroad in Zimbabwe’s national elections is contentious, especially ahead of the 2023 general elections. This article uses the desktop approach to argue that the right to vote in one’s country of origin by citizens working and living abroad is a barometer of a nation’s deepening democratic practices, of which elections are a lynchpin. This study hopes to contribute to international human rights law. A study of voting from abroad contributes to discussions regarding the evolving and multifaceted relationship between sending states and their diaspora communities.
津巴布韦宪法规定年满18岁的公民可以在地方和全国选举中投票。但是,《选举法》规定,只有外交使团的津巴布韦公民、公务员和驻外使团的武装部队成员才能在国外投票。这项法律规定实际上剥夺了在其他国家生活和工作的数百万津巴布韦公民的公民权。为什么现任津巴布韦当局不允许或允许其公民在津巴布韦全国选举中从国外投票是有争议的,特别是在2023年大选之前。这篇文章用桌面的方法来论证,在国外工作和生活的公民在原籍国的投票权是一个国家深化民主实践的晴雨表,而选举是其中的关键。本研究希望对国际人权法作出贡献。对海外投票的研究有助于讨论派遣国与其侨民社区之间不断演变的多方面关系。
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引用次数: 1
期刊
Journal of African Elections
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