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The judiciary and democracy in Ghana’s Fourth Republic 加纳第四共和国的司法和民主
Pub Date : 2018-10-02 DOI: 10.20940/JAE/2018/V17I2A3
I. Owusu-Mensah, J. Rice
Since the advent of multi-party elections in 1992, Ghana has successfully held six free and fair presidential and parliamentary elections, including the peaceful alternation of power on three occasions. Despite this impressive record, transparent and peaceful elections are never a guaranteed outcome in Ghana. General elections in the country are highly competitive and tightly contested by the two main political parties, the New Patriotic Party (NPP) and the National Democratic Congress (NDC) and their support bases. The 2016 general elections season was a fierce fight marked by apparent attempts at fraud and corruption on the part of the Electoral Commission. Although there was a tense lead-up to the vote, the elections proceeded without incident, largely due to the actions of the Supreme Court. These Supreme Court rulings on electoral transparency and fairness during the 2016 elections continue a long history of judicial intervention in electoral disputes. Nearly three decades of judicial activism has effectively constrained the major political parties in their ongoing attempts to use fraud and corruption for gains at the polls. This study thus supports the early work of Ruti Teitel on judicial policymaking in transitional states by demonstrating how an activist Supreme Court has effectively preserved and advanced democratisation in the face of weak political institutions.
自1992年实行多党选举以来,加纳已成功地举行了六次自由和公正的总统和议会选举,包括三次和平的权力交替。尽管有这一令人印象深刻的记录,但在加纳,透明与和平的选举从来都不是一个保证的结果。该国的大选竞争激烈,两大主要政党——新爱国党(NPP)和全国民主大会党(NDC)及其支持基础展开了激烈的竞争。2016年大选季是一场激烈的斗争,选举委员会明显企图欺诈和腐败。尽管投票前气氛紧张,但选举顺利进行,这在很大程度上要归功于最高法院的行动。最高法院关于2016年选举透明度和公平性的裁决延续了司法干预选举纠纷的悠久历史。近三十年的司法激进主义有效地限制了主要政党利用欺诈和腐败在选举中获利的企图。因此,这项研究支持了Ruti Teitel关于过渡时期国家司法政策制定的早期工作,展示了一个激进的最高法院如何在面对软弱的政治制度时有效地维护和推进了民主化。
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引用次数: 1
The concept of agency theory in electoral democracy 选举民主中的代理理论概念
Pub Date : 2018-10-02 DOI: 10.20940/JAE/2018/V17I2A4
Joseph Asamoah
This essay analyses the doctrine of the law of agency in the context of electoral democracy in assessing the rights and liabilities of the political elite and the voting public. The principal-agent model was employed to expatiate challenges in the relationship between the agent’s performance and how the principal can reward or punish the agent through competitive elections. In doing so, the elected political authorities are deemed to be agents of state governance while the voters, and by extension the population, are seen as principals of the state. The principal-agent relationship generates the electoral accountability of representatives to constituents by checking and controlling the behaviour of the political elite to ensure that national programmes, policies and laws are applied for the benefit of the general public. The study concludes that voters, as principals, expect political agents to deliver public goods and services to their benefit and that failure do so attracts a vote of censure. This means that competitive elections create a relationship of formal accountability between political leaders and voters. This accountability minimises the ability of political leaders to use the advantage of information asymmetery.
本文分析了选举民主背景下的代理法原则,以评估政治精英和投票公众的权利和责任。运用委托-代理模型阐述了代理人绩效与委托人如何通过竞争性选举奖励或惩罚代理人之间关系的挑战。在这样做的过程中,当选的政治当局被视为国家治理的代理人,而选民,乃至整个人口,则被视为国家的校长。委托代理关系通过检查和控制政治精英的行为,以确保国家方案、政策和法律的实施有利于一般公众,从而产生了代表对选民的选举责任。该研究得出的结论是,选民作为委托人,期望政治代理人为他们的利益提供公共产品和服务,而未能做到这一点会招致谴责。这意味着竞争性选举在政治领导人和选民之间建立了一种正式的问责关系。这种问责制削弱了政治领导人利用信息不对称优势的能力。
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引用次数: 3
Public participation, electoral dispute and conflict resolution mechanisms 公众参与、选举纠纷和冲突解决机制
Pub Date : 2018-10-02 DOI: 10.20940/jae/2018/v17i2a6
T. Manthwa, Lefa Ntsoane
This study examines the concept of public participation and the dispute resolution mechanisms that can be utilised to resolve electoral disputes and conflicts at the level of local government in South Africa. The study stems largely from community-based participatory action research, also referred to as café conversations. This research project was conducted in Moutse, Wards 5 and 6 of the Ephraim Mogale Local Municipality, a category B municipality that is the smallest of the four municipalities in the Sekhukhune district. It is a cross-border district that extends across the north west of Mpumalanga and the southern part of Limpopo. Sekhukhune is 94% rural and 5.3% urban and approximately 50% of the population are under the age of 18. Moutse comprises four villages: Mamaneng-Matatadimeng, Ga-Matlala Ramoshebo, Mokgwaneng and Tshikannosi. Research data collected in the form of community dialogues are used in this article together with relevant journal articles, books and media reports on the same subject. The aim of the article is to explore the importance of public participation by community members in the affairs of their community. The article argues that enhanced public participation can properly facilitate members of the community to take part in the resolution of disputes and conflicts in their community. The findings of the research are that public participation remains an important element of a democracy, and that the public at all times wants to be involved in making decisions that affect their rights.
本研究考察了公众参与的概念和可用于解决南非地方政府层面选举纠纷和冲突的争端解决机制。这项研究主要源于基于社区的参与性行动研究,也被称为咖啡馆对话。这一研究项目是在以法莲莫加尔地方自治市的第5区和第6区穆茨进行的,这是一个B类自治市,是塞库胡内地区四个自治市中最小的一个。这是一个跨越普马兰加省西北部和林波波省南部的跨境地区。塞库胡恩94%是农村人口,5.3%是城市人口,大约50%的人口年龄在18岁以下。穆茨由四个村庄组成:mamaneng - matatadingg、Ga-Matlala Ramoshebo、Mokgwaneng和Tshikannosi。本文使用了以社区对话形式收集的研究数据,以及与此主题相关的期刊文章、书籍和媒体报道。这篇文章的目的是探讨社区成员参与社区事务的重要性。文章认为,加强公众参与可以适当地促进社区成员参与解决社区内的纠纷和冲突。这项研究的结果是,公众参与仍然是民主的一个重要因素,公众在任何时候都希望参与影响其权利的决策。
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引用次数: 2
When a compatriot becomes a Foe: Political Parties and Violent Elections in Kenya and South Africa 当同胞成为敌人:肯尼亚和南非的政党和暴力选举
Pub Date : 2018-06-01 DOI: 10.20940/JAE/2018/V17I1A2
J. Ahere
This paper examines the operations of political parties in Kenya and South Africa and provides an analysis of how such operations have become drivers of election violence. The paper contends that as a result of the structure of political parties and how they operate, they have contributed to the violence that has become an endemic feature of the electoral processes in both countries. In Kenya, most election violence has been between supporters of different political parties who contest election outcomes. In South Africa, even though there were many incidents of inter-party violence in the 1990s, recent trends indicate reductions of the same but with an increase in intra-party violence, especially over disputed party lists.
本文考察了肯尼亚和南非政党的运作,并分析了这些运作如何成为选举暴力的驱动因素。该文件认为,由于政党的结构及其运作方式,它们助长了暴力,而暴力已成为这两个国家选举过程的普遍特征。在肯尼亚,大多数选举暴力发生在不同政党的支持者之间,他们对选举结果提出异议。在南非,尽管1990年代发生了许多党际暴力事件,但最近的趋势表明,这些事件有所减少,但党内暴力有所增加,特别是在有争议的政党名单上。
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引用次数: 3
International Election Observers in Kenya’s 2017 Elections: Impartial or Partisan? 2017年肯尼亚选举中的国际选举观察员:公正还是党派?
Pub Date : 2018-06-01 DOI: 10.20940/JAE/2018/V17I1A3
Moses Nderitu Nginya
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引用次数: 2
Ethnicity and Election Outcomes in Nigeria: Interrogating the 2015 Presidential Election 尼日利亚的种族和选举结果:对2015年总统选举的质疑
Pub Date : 2018-06-01 DOI: 10.20940/JAE/2018/V17I1A6
Atanda Abdulwaheed Isiaq, Oluwashina Moruf Adebiyi, A. Bakare
The objective of this paper is to investigate the effects of ethnicity on the outcome of the 2015 presidential election in Nigeria. In order to achieve this, the descriptive-statistical analysis of the official election results released by the country’s Election Management Body (INEC) as well as a historical analysis of past presidential elections in Nigeria was adopted. The findings revealed that the major contestants received bloc votes from their various states and geo-political zones. This indicated that candidates appealed to ethnic sentiments to garner votes. The policy implication of this scenario includes the fact that ethnic bloc voting destroys inter-ethnic accommodation and efforts at nation building. It is, however, recommended that efforts should be intensified towards providing a compelling statutory set of principles for nation building and national integration which will in turn guarantee the peaceful co-existence for people of diverse ethnic
本文的目的是调查种族对尼日利亚2015年总统选举结果的影响。为了实现这一目标,采用了对该国选举管理机构(INEC)发布的官方选举结果的描述性统计分析以及对尼日利亚过去总统选举的历史分析。调查结果显示,主要候选人获得了来自不同州和地缘政治区域的集团选票。这表明候选人利用民族情绪来获得选票。这种情况的政策含义包括这样一个事实,即民族集团投票破坏了民族间的和解和国家建设的努力。但是,有人建议应加紧努力,为国家建设和民族一体化提供一套强有力的法定原则,从而保证不同种族的人民和平共处
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引用次数: 5
Gerontocracy in African Politics: Youth and the Quest for Political Participation 非洲政治中的老人政治:青年和对政治参与的追求
Pub Date : 2018-06-01 DOI: 10.20940/jae/2018/v17i1a7
J. Adebayo
By the late 1950s and early 1960s most African colonies had attained independence from British and French rule, resulting in great optimism regarding the future of the nascent democracies on the continent. A buoyant populace transformed their memories of harsh political struggles into images of heroism and confirmed the victory of the national movement for liberation. There was hope that these new nations would soon steer their own ships of state and conduct free, fair and regular elections that would be true reflections of the wishes of the majority of the population. Sadly, what transpired afterwards was (and still is) far from what had been expected. Civil unrest and anarchy soon reigned in most African countries as the so-called ‘founding fathers’ considered themselves above the law. In a bid to retain power, they initiated a system of electoral manipulation and violence that continues to pervade the continent. More worrisome was the birth of a culture that excluded Africa’s youth from active participation in politics; this resulted in the retention of old politicians, evident in a leadership occupied mostly by septuagenarians and octogenarians. This study examines gerontocracy in Africa and its impact on the political participation of Africa’s youth.
到20世纪50年代末和60年代初,大多数非洲殖民地已经从英国和法国的统治下获得独立,这使得人们对非洲大陆新兴民主国家的未来非常乐观。活跃的民众将他们残酷的政治斗争的记忆转化为英雄主义的形象,并证实了民族解放运动的胜利。人们曾希望,这些新兴国家很快就能驾驭自己的国家之船,举行自由、公正和定期的选举,真正反映大多数人的意愿。可悲的是,后来发生的事情与人们的预期相去甚远(现在仍然如此)。由于所谓的“开国元勋”认为自己凌驾于法律之上,大多数非洲国家很快就陷入了内乱和无政府状态。为了保持权力,他们发起了一套操纵选举和暴力的制度,这种制度继续在非洲大陆蔓延。更令人担忧的是,一种排斥非洲年轻人积极参与政治的文化的诞生;这导致了老政治家的保留,这在领导层主要由七八十岁的老人占据中是显而易见的。本研究考察了非洲的老人政治及其对非洲青年政治参与的影响。
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引用次数: 8
Angola’s 2017 Elections and the start of a Post-Dos Santos Era 安哥拉2017年大选和后多斯桑托斯时代的开始
Pub Date : 2018-06-01 DOI: 10.20940/JAE/2018/V17I1A1
Z. Matsimbe, Nelson Domingos
For the first time in the history of its multiparty democracy, Angola held general elections in August 2017 without President José Eduardo dos Santos on the ballot paper. In 2016 dos Santos decided not to run again for the presidency but he remained the party chair. Instead, João Manuel Gonçalves Lourenço was nominated to replace dos Santos as the MPLA candidate. The departure of dos Santos raised expectations that there would be political change in the country. However, this did not happen because the MPLA won a qualified majority in the National Assembly despite their decreased support compared to the results of the 2012 general elections. Though the 2017 elections were considered to have been well prepared and executed, the outcome was challenged by the opposition on the grounds of irregularities in voter registration, the accreditation of party agents, and problems in both counting and announcing the results. The change of leader raised a number of questions regarding the implications of a double centre of power in the MPLA and presidency. How João Lourenço will manage the question of the factions created by his rise to power is a matter of concern, together with whether he will be able to end the hegemony and economic power of dos Santos and his allies. He will also have to deal with the ongoing economic crisis and boost declining public trust in the MPLA. By addressing some of these issues this article provides an important contribution to understanding the electoral processes in Angola.
2017年8月,安哥拉举行了多党制民主历史上的第一次大选,总统何塞·爱德华多·多斯桑托斯没有出现在选票上。2016年,多斯桑托斯决定不再竞选总统,但他仍然是党主席。取而代之的是,若奥·曼努埃尔·贡阿尔维斯·洛伦特被提名取代多斯桑托斯成为人民解放运动的候选人。多斯桑托斯的离任提高了人们对该国将发生政治变革的期望。然而,这并没有发生,因为MPLA赢得了国民议会的合格多数,尽管他们的支持率与2012年大选的结果相比有所下降。虽然2017年的选举被认为是准备和执行得很好,但反对党以选民登记、政党代理人的资格认证、计票和公布结果存在问题等为由,对结果提出了质疑。领导人的更换提出了一些关于MPLA和总统双重权力中心的影响的问题。若奥洛伦佩罗将如何处理因他上台而产生的派系问题,以及他是否能够结束多斯桑托斯及其盟友的霸权和经济实力,都是一个令人担忧的问题。他还必须应对持续的经济危机,并提高公众对安哥拉人民解放运动日益下降的信任。本文通过讨论其中的一些问题,为了解安哥拉的选举进程作出了重要贡献。
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引用次数: 0
Voting Rights of Internally Displaced Persons in Nigeria’s 2015 General Elections 尼日利亚2015年大选中国内流离失所者的投票权
Pub Date : 2018-06-01 DOI: 10.20940/JAE/2018/V17I1A5
Emeka C. Iloh, Michael E. Nwokedi, C. Cornelius, K. Ilo
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引用次数: 0
Local Media Observation of Mozambique’s Elections 当地媒体对莫桑比克选举的观察
Pub Date : 2018-06-01 DOI: 10.20940/jae/2018/v17i1a4
J. Hanlon, Adriano Nvunga
Local journalists working together in Mozambique have overcome many of the limitations of international and domestic election observation. In a system developed during three pairs of municipal and national elections (2003-4, 2008-9, 2013-4), journalists from community radio and other local media reported to a national daily newsletter on registration, campaigning, voting and counting while continuing to work for their own organizations. Reports of local violence and misconduct were published nationally, usually bring rapid responses. Evidence from local journalists, together with continued media pressure, forced elections to be re-run. This led to changes in the electoral law which reduced misconduct. Three aspects proved central: accuracy, local knowledge, and central editorial control. Daily publication meant that reports had more immediacy that those of other elections observers. As a result, collaboration by local journalists ensure the accountability of political parties and the electoral system.
在莫桑比克工作的当地记者克服了国际和国内选举观察的许多限制。在2003-4年、2008-9年、2013-4年三次市级和全国性选举期间,社区广播电台和其他地方媒体的记者在继续为自己的组织工作的同时,向全国性每日通讯报道了有关登记、竞选、投票和点票的情况。地方暴力和不当行为的报告在全国范围内公布,通常会迅速作出反应。当地记者提供的证据,加上持续不断的媒体压力,迫使选举重新进行。这导致选举法的改变,减少了不当行为。三个方面被证明是最重要的:准确性、本地知识和中央编辑控制。每日出版意味着报告比其他选举观察员的报告更及时。因此,当地记者的合作确保了政党和选举制度的问责制。
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引用次数: 1
期刊
Journal of African Elections
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