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Публікація
Report/Paper
The Fourth Branch: The Role of Media in a Constitutional Democracy
The focus of this paper is to look at how the judiciary and the media can forge a strategic alliance in order to enhance the doctrine of separation of powers in a constitutional democracy. One may ask, why the media and judiciary and not any other branch of government? The answer is simple. The media and the judiciary are the only two branches that have no direct political mandate from the people to carry out their function. This usually puts the two branches in a very weak position compared to the other two, executive and the legislature. Members of parliament and the executive branches always derive their political mandate from the people through periodic elections. But to be a judge or journalist, one does not need to seek direct political mandate through elections. Because of this, the executive and legislature usually think they are above the two because they consider themselves representing the views of the voters who voted them into power. This is why politicians usually attack judges and journalists on the account that they do not represent anybody.
January 27, 2003
Публікація
Report/Paper
The Role of Judicial Review in Strengthening Constitutional Democracy and Promoting Economic Growth
The concept of a constitutional democracy, is a radical one, the full implications of which are not always readily appreciated. It changes the whole approach to the regulation of the state and those living in it from a political exercise which can in principle be, and in practice sometimes is value free and dictated by the majority, to one which is shaped and ruled, both directly and indirectly, by the Constitution and its underlying norms and values. Most countries in our region inherited the Westminster style of government which ordained parliamentary supremacy ? so that what parliament said was the unchallenged law. With the institution of constitutions in the region, such constitutions now become the supreme law of the countries. In a constitutional state, governance can never again be a merely pragmatic enterprise aimed exclusively at achieving the various goals comprising the government’s electoral mandate. Such governance is now subject to the Constitution and its values. Where the Constitution ordains itself as the supreme law of the land everything is to be done according to and in terms of the Constitution and the Bill of Rights applies to all law and binds the legislature, the executive, the judiciary and all organs of state.
January 27, 2003
Публікація
Report/Paper
Agenda for the Regional Workshop for SADC Countries
IFES organized and led a conference entitled “The Separation of Powers in a Constitutional Democracy” in January 2003 in Blantyre, Malawi. Funded by USAID and co-hosted by the Chief Justice of Malawi, the aim of the conference was to promote a deeper understanding of the complementary roles of the three branches of government in a constitutional democracy, with an emphasis on the role of the judiciary. Over 40 judges, lawyers and legislators from countries of the Southern Africa Development Community (SADC) attended.
January 26, 2003
Публікація
Report/Paper
2002 Elections in the Commonwealth Caribbean: The Electoral Experience of Jamaica and the Republic of Trinidad and Tobago
Elections as a political process serve as the single most important mechanism for citizens to participate in the selection of a government. When conducted to international standards, elections tend to confer legitimacy on a government. In the Commonwealth Caribbean, the electoral experience varies and tends to reflect not only the socio-political culture of the member state but also its particular electoral system...
January 13, 2003
Публікація
Report/Paper
Analysis of the Voter Registration Pilot Project in Georgia
This report considers Voter Lists pertaining to elections in Georgia. The report discusses IFES efforts working with the Central Election Commission to develop a new system for registering voters.
January 13, 2003
Публікація
Report/Paper
Europe and Eurasia: January 2003
January 2003 update on IFES activities in Europe and Eurasia. Highlighted countries/organizations include: Europe Feature Article: IFES Brokers Newfound Cooperation Between Tajik Political Parties Albania: Voter Registration Project in its Second Stage Bosnia and Herzegovina: AEOBiH Winter Camp Macedonia: IFES and State Election Commission Co-Sponsor Election Seminar Caucasus Armenia: Preparations for Presidential Election Azerbaijan: Draft Unified Election Code Debate at an Impasse Georgia: Civic Education in Schools Program Central Asia Republics Kazakhstan: Conference of the Association of Initiative Schools Kyrgyzstan: Referendum on the New Constitution Tajikistan: Election Assistance Issues
December 31, 2002
Публікація
Report/Paper
Evaluation of Communications Technology Use for Elections 2002, Kenya
This report on communications technology used in the 2002 elections in Kenya identifies problems that occurred in the election and highlights how to implement new procedures and systems which address those problems.
December 31, 2002
Публікація
Report/Paper
Lithuania: Money and Politics Case Study
Lithuania has rapidly developed both politically and economically since emerging from the Soviet Union in 1991. While the country has built a functioning parliamentary system of government, has become a member of NATO, and is on the verge of joining the European Union, it still faces many problems associated with the many consolidating democracies around the world. As in all democracies, populations need to trust that those they elect will represent their interests. Problems such as corruption, weaknesses in laws concerning the political financing, and unaccounted for political income and expenditures threaten the credibility of the process and hinder the speed at which democracy is consolidated. Additionally, Lithuania lacks the high level of vibrant debate about the issue of political financing among scholars, journalists and civil society bodies required to promote meaningful reform. Recognizing this, Lithuania has developed an independent Central Electoral Committee (CEC) and adopted laws requiring detailed and public disclosure of political finance accounts. Prior to conducting Money and Politics programming in Lithuania, the CEC had made a demonstrable interest in making information public. While scanning summary report of accounts and placing them on the internet, the user could not search, not easily compare and analyze the information. Interested parties were required to make an appointment to view more detailed, paper-based information. Further, while the Tax Authorities are required to audit final political party reports, enforcement is widely considered to be weak. Few, if any, cases of political finance violations have been forwarded and investigated, not to mention prosecuted. By addressing the difficult issues surrounding political finance with the support of IFES in 2002 and 2003, Lithuania is emerging as a model for other consolidating democracy to follow. Significant areas remain to be addressed. While Lithuania has taken concrete steps to reform political finance legislation, open political finance information to public scrutiny and oversight, and encourage debate, further efforts are required to actively enforce laws and regulations and raise the level of debate among the various governmental, legislative, and civil society groups. By addressing these areas, Lithuania has the potential for being an example of best practices while making local expertise and resources to other countries undergoing similar reforms.
December 31, 2002
Публікація
Report/Paper
Strengthening the Local Electoral Process December 2002 Local Elections. IFES Final Report
This report summarizes IFES involvement in Benin’s 2002 local elections. The 2002 elections served as a precursor to the 2003 legislative and 2006 presidential elections. The report discusses IFES’ implementation of a two-phase voter education campaign attempting to bolster transparency and voter confidence throughout Benin. The report details IFES coordination with local NGOs, Media outlets and the decentralization process in Benin. The report concludes with recommendations for future election.
December 31, 2002
Публікація
Report/Paper
The Second Justice Conference: "Toward Supporting and Promoting the Independence of the Judiciary" Cairo, Egypt
The Second Justice Conference was held in Cairo 21-24 February 2003 under the auspices of an Egyptian NGO, the Arab Center for the Independence of the Judiciary and the Legal Profession. Other sponsoring organizations included the Program on Arab Governance (POGAR) of the United Nations Development Program and the United Nations High Commissioner for Human Rights. The Ford Foundation also contributed funding and IFES provided expertise. The stated objective of the conference was “to explore the status of the independence of the judiciary in the Arab region.” More specifically, the conference was to “further examine the requirements of an independent judiciary at international law in order to draft a ‘covenant of independence’ through which progress regarding independence of the judiciary in the Arab region can be measured and followed up.”
December 31, 2002