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Chapter 4 examines the body of Whig propaganda in which the government was congratulated for having succeeded in establishing a free civil society within a free state. A large number of Anglican writers joined the spokesmen for the government in arguing that Britain had by now established a constitution that made her the envy of Europe. Everyone was now equally subject to the law; the law alone ruled, with no incursions of arbitrary power; and the law was at last being expertly administered, without any corruption or incompetence. As a result, the life, liberty and property of every subject was now fully secure, including the property that (as Locke had said) everyone may be said to possess in their own person. No one is any longer condemned to live in a state of subjection to the mere will and power of anyone else. The consequence is said to be a civil society in which everyone can hope to find their own pathway to prosperity and happiness. The chapter concludes with an examination of Whig celebrations of urban life as the best setting in which to lead a flourishing and happy life.
Literary canons are neither the embodiment of transcendent values nor the artificial construct of gatekeepers. They are produced by deep social and poetic forces. The Greek emphasis on performativity meant that the new Athenian democracy became hyper-performative with its drama and speeches and outspoken figures such as Socrates. This riveted attention in the Greek world and, as Athenian political power disappeared, Athens’ soft power could not be replaced (since new sites of power were not as publicly performative). This created a Greek model of culture as a sphere autonomous from the state, predicated on the internal friction of the democratic city. This made possible a science based on debate. Replicated by later cultural traditions, it provided the model for Roman otium, for scientific debates from the Islamic world onward and for the rise of modern European civil society.
The past few decades saw the transformation of Hong Kong from a liberal enclave to a revolutionary crucible at China's offshore. The Making of Leaderful Mobilization takes you through the evolution of protests in this restive city, where ordinary citizens gradually emerged as the protagonists of contention in place of social movement organizations. The book presents a theory of mediated threat that illuminates how threat perceptions fueled shifting forms of mobilization – from brokered mobilization where organizations played guiding roles to leaderful mobilization driven by peer collaboration among the masses. Bringing together event analysis, opinion polls, interviews, and social media data, this book provides a thorough and methodical anatomy of Hong Kong's contentious politics. It unveils the processes and mechanisms of collective action that likely prevailed in many contemporary social movements worldwide. Our temporal approach also uncovers the multiple pathways reshaping hybrid regimes, underscoring their resilience and fragility.
How did religious and political debates that had only recently generated violent conflicts become relatively peaceably conducted in growing numbers of publications and clubs?
In 2020, amid aggressive and inflammatory political discourse and an unprecedented wave of violent attacks against migration Non-Governmental Organizations and their staff, the Greek Government sought to establish a new legal framework for the registration of Non-Governmental Organizations active in the fields of international protection, migration and social inclusion, and their members. This Article aims at providing an overview of the EU-law based litigation brought by Greek Civil Society organizations to challenge the new framework for breaching fundamental rights, and at exploring its effects beyond the Court proceedings. This Article concludes that, counterintuitively, the existence of pending litigation against the Regulation establishing the NGO Registries hampered advocacy on this issue with the European Commission.
For strategic litigation, the existence of independent judicial institutions is a prerequisite. In this Article, based on the case of Poland, I analyze what happens when some domestic judicial institutions are weakened and how this affects the ability of different stakeholders to engage in strategic litigation. I argue that strategic litigation was an important tool used by civil society and crucial for countering democratic backsliding in Poland in 2015–2023. In addition to traditional actors involved in strategic litigation in Poland, new ones have joined—such as the Human Rights Commissioner (the “Ombudsman”) or increased their involvement—such as corporate actors. Also, the prosecution office, controlled by the populist government, became active in litigation conducted by right-wing NGOs. Paradoxically, the rule of law crisis also resulted in the popularization of strategic litigation before the Court of Justice of the European Union and some domestic courts, which began to apply the Constitution directly.
Despite Kenya’s transformative and progressive 2010 Constitution, it is still grappling with a hybrid democracy, displaying both authoritarian and democratic traits. Scholars attribute this status to several factors, with a prominent one being the domination of the political order and wielding of political power by a few individuals and families with historical ties to patronage networks and informal power structures. The persisting issues of electoral fraud, widespread corruption, media harassment, weak rule of law and governance challenges further contribute to the hybrid democracy status. While the 2010 Constitution aims to restructure the state and enhance democratic institutions, the transition process is considered incomplete, especially since the judiciary’s role of judicial review is mostly faced with the difficult task of countering democratic regression. Moreover, critical institutions such as the Independent Electoral and Boundaries Commission (IEBC) have faced criticism due to corruption scandals and perceptions of partisanship, eroding public trust in their ability to oversee fair elections effectively.
The ‘marketplace of ideas’ metaphor tends to dominate US discourse about the First Amendment and free speech more generally. The metaphor is often deployed to argue that the remedy for harmful speech ought to be counterspeech, not censorship; listeners are to be trusted to sort the wheat from the chaff. This deep skepticism about the regulation of even harmful speech in the USA raises several follow-on questions, including: How will trustworthy sources of information fare in the marketplace of ideas? And how will participants know whom to trust? Both questions implicate non-regulatory, civil-society responses to mis- and disinformation. This chapter takes on these questions, considering groups and institutions that deal with information and misinformation. Civil society groups cannot stop the creation of misinformation – but they can decrease its potential to proliferate and to do harm. For example, advocacy groups might be directly involved with fact-checking and debunking misinformation, or with advancing truthful or properly contextualized counter-narratives. And civil society groups can also help strengthen social solidarity and reduce the social divisions that often serve as fodder for and drivers of misinformation.
Chapter 1 focuses on constitution-making and constitutional reform processes. After providing a brief historical overview of the four waves of constitution-drafting in the Arab world, this chapter examines closely the post-Arab Spring constitution-making and constitutional reform processes, focusing on the following elements: The body in charge of drafting the constitution and the role played by the ruling regime (“bottom-up” vs. “top-down” processes); the degree of openness and transparency of the process; the duration of the process; the role played by political parties; the role of civil society; the role played by external actors; the influence of previous domestic constitutions and their “reactivation”; and the influence of foreign constitutional models. The chapter shows that the vast majority of these processes were characterized by major flaws and shortcomings, a fact that had a negative impact on the legitimacy and sense of ownership of these texts and, ultimately, on the transition processes as a whole. Although it should not be idealized, the process that led to the adoption of the 2014 Tunisian Constitution was to a large extent a positive exception.
During the Syrian war, many archaeological sites were subjected to systematic looting and destruction, often on a massive scale. Among the casualties of this looting is a colossal basalt statue of a lion that was located at the archaeological site of Ain Dara in northwest Syria. The lion of Ain Dara is a prominent local symbol and of great importance for the collective memory of northwest Syria, especially for the people of Wadi Afrin. Its disappearance will also have serious repercussions for the local economy as it was, in the past, an important tourist attraction. In this article, we investigate how the statue was stolen, why it was stolen, and where it is now. By using the lion statue of Ain Dara as a case study, we aim to shed more general light on the networks responsible for looting and trafficking Syrian antiquities, the factors that have enabled their growth during the conflict, and the role of civil society organizations in reducing their harmful impact on the cultural community of the Syrian people.
This chapter is about the perspectives and experiences that female sex workers in China share across tiers of prostitution. The daily lives of low-tier sex workers, hostesses, and second wives in China differ from each other in important ways. Yet despite relatively fixed boundaries between tiers of prostitution, these women do not exist in unrelated, independent silos. After all, their source of income comes from the same activity: exchanging sex for money or other material goods. The chapter first highlights how movement across tiers of sex work is limited, and how low-tier sex workers and hostesses express a preference for the work conditions in their own tier, rather than voice a desire to move up in the pecking order. It then examines narratives that these women have in common across all three tiers. Lastly, it discusses how sex workers who cross paths with grassroots organizations develop a shared consciousness of their membership in a global community of sex work civil society, and appropriate its language and symbols in their own lives.
The role of social movements and civil society actors in rights advancement has been frequently emphasised. The assumption is that legal mobilisation by civil society actors works towards the extension of rights and the emancipation and advancement of justice for distinctive (minority) groups in society. While traditionally, socio-legal attention on social movement and civil society actions around rights promotion was particularly prominent in the US, for some time now the European context has also been approached from such a socio-legal lens. However, a one-sided, liberal–progressive understanding of social mobilisation around rights has, importantly, been put to the test by recent manifestations of societal actors. Conservative actors tend to (1) promote a restrictive interpretation or a radical reinterpretation of existing rights (e.g. abortion, free speech), (2) limit the diffusion of new rights (e.g. the rights to euthanasia or legalizing surrogate maternity) and/or (3) call for the interruption of the further extensions of rights (e.g. with regard to same-sex marriage, LGBTIQ issues). The analysis of legal mobilisation by such conservative right-wing actors indicates that mobilisational repertoires are strikingly similar to those of liberal actors. This article will discuss the notions of civil society and legal mobilisation and call for a rethinking of these concepts, in part because of the increasing manifestation of societal actors that are in contrast to the traditional liberal paradigm. The article will subsequently engage in a detailed study of one such actor – the Polish legal think tank Ordo Iuris (OI) – with regard to its third-party or amicus curiae interventions at the European Court of Human Rights (ECtHR), stressing the difference of orientation of such interventions from those of liberal actors and also indicating dimensions of ambivalence and similarity in their approaches.
In the past decade, the Vietnamese lesbian, gay, bisexual, transgender, and other sexual orientations and gender identities (LGBT+) movement has succeeded in repositioning this population from the stigmatising label of “social evils” to a more positive social representation. Despite the limited space for civil society in this authoritarian environment, Vietnamese activists and non-governmental organisations (NGOs) have effectively changed public attitudes, improved visibility, and gained legal recognition for this marginalised community. This study uses qualitative data from interviews with twelve activists and fieldwork observations to explain how activist strategies in this setting align with the “service delivery” function of civil society. By examining how activists have addressed healthcare and education deficits, I demonstrate that activism in authoritarian regimes can be effective when it assists instead of challenges the government. The findings contribute to scholarship on global queer activism by demonstrating how a service delivery approach can achieve social change, highlighting the role of NGOs and international development in this process. Additionally, the findings expose existing challenges that hinder these activists’ efforts, showing how funding dependency and inadequate legal recognition can significantly limit the creativity and autonomy of grassroots activist groups.
This chapter turns to the third UN mediator in Syria, Staffan de Mistura, and has the same two objectives as the preceding case studies in this book – to delineate the mediator’s agency as a decision-maker and to elucidate the strategic dynamics behind his decision-making. It is split into two sections dedicated to each objective. The first section investigates the mediator’s input to the main mediation policies during the period studied. Of which there are six – the Aleppo Freeze, sanctioning military action against ISIS, the Geneva Consultations, the intra-Syrian Talks, the Astana Process, and the mediator’s resignation. Building on these findings, the section uncovers the dynamics behind the mediator’s decision-making using the categories of perceptions drawn from the contingency model. This analysis also helps produce more generalizable knowledge concerning associations between mediation perceptions and behaviors.
Chapter 5 examines the BJP’s attempt to build centres of elite, traditional intellectuals to legitimise its identity politics. While dismantling advisory committees, quashing dissent, and attacking universities and established research institutions, the BJP has built think tanks to bring together stakeholders in government and civil society and give its political ideology a footprint in already established policy networks. Some scholars have characterised the BJP’s think tanks as institutions of ‘soft Hindutva’ (see Anderson 2015), that is, organisations that avoid overt association with the BJP and Hindu-nationalist linkages but pursue a diffuse Hindutva agenda nevertheless. Through an ethnographic study of the BJP’s two most prominent think tanks, this chapter demonstrates how manifestations of Hindutva can be both explicitly political and anti-political at the same time: advocating for political interventionism while eschewing politics and forging an apolitical route towards cultural transformation.
This chapter focuses on the specific role of social movements and NGOs in energy policy-making in the CEE region. This is structured through a series of case studies that highlight contemporary energy policy issues, specifically with relation to energy pricing, issues of equity and energy poverty, nuclear energy, shale gas and renewable energy. The chapter examines how these issues are framed, justified and legitimised, and the extent of broader societal participation and support. To provide context this chapter considers the developing role of civil society in the region, including legacies of socialism, the historical and contemporary role for societal input into general policy-making, changes in state-civil society relations and the development of NGOs and interest groups and their influence on climate and energy policy. It studies these issues in four sub-sections: energy poverty, the shale gas debate and the role of opposition on environmental grounds, nuclear energy and public participation, and local and community energy initiatives.
Relations between diplomats and civil society are central to diplomatic work. However, scholarship on diplomacy has not paid sufficient attention to how diplomats interact with civil society actors abroad. This article theorises and empirically examines diplomatic engagements with civil society organisations (CSOs) in host states. The article introduces a new concept – maternalism – into the analytical toolbox of diplomacy studies. While the Bourdieu-inspired ‘practice turn’ has entailed a recalibration of the study of diplomacy towards the everyday work of diplomats, I claim that we need notions that will help us understand these everyday practices in the context of structural power inequalities. In this endeavour, instead of turning to the established notion of paternalism, I follow feminist thinking regarding motherhood and the ethics of care. Maternalism is proposed as a complementary heuristic to paternalism that is helpful in capturing different modes of engagement between unequal actors in international politics and is not marked by financial dependency or military power. Maternalism and paternalism rely on distinct practices of care and control. To empirically illustrate the utility of the notion of maternalism, I analyse diplomats representing seven liberal states in the illiberal states of Poland and Hungary.
Despite the shock provoked by the Snowden revelations, mass surveillance is still a reality in the EU. However, over the past few years, it has been possible to observe a gradual constitutionalization of these practices. This Article maps the ongoing process of progressively defining the constitutional limits and societal affordances of mass surveillance in the EU by focusing on the three main actors who contribute to it. First, this Article presents civil society as the propeller of this trend. Civil society not only advocated for a ban on general surveillance systems in the aftermath of the Snowden revelations, but also promoted a series of strategic litigations to challenge state surveillance practices at national and EU levels. Second, it analyses CJEU case law as the main constitutionalizing engine of this process. The Court pragmatically ascertained that an absolute prohibition of mass surveillance did not appear to be a realistic solution and put significant effort into actively defining the legal boundaries of these practices by striving to find an equilibrium between Member State interests and citizens’ fundamental rights. Third, it considers the approaches taken by national legislators to be a slowing factor. States are still reluctant to incorporate the constitutional standards progressively developed by courts despite the now significant body of judicially created parameters in the field.
Since the Revolution of Dignity, civil society has become a major stakeholder in Ukraine's multiple reform processes. Judicial reform has been particularly salient as it aims to transform the country’s judiciary, long plagued by interrelated problems of political dependence, oligarchic capture, and internal corruption, into an autonomous guarantor of the rule of law. This Article examines how Ukrainian civil society has developed into an informal institution in Ukraine’s judicial reform. Building upon an overview of judicial reform efforts in Ukraine and a general theoretical framework of informality, this contribution studies how Ukrainian civil society influences the reform process, using the example of the country’s Constitutional Court. We argue that civil society has become an influential informal institution which plays an increasingly important role in judicial reform in Ukraine.
Civil society actors play a crucial role in ensuring that breaches of environmental law are identified and reported to the bodies responsible for compliance. Nevertheless, civil society groups face severe limitations in respect of access to justice in environmental matters. In the European context, the literature concerning opportunities for legal mobilisation has long focussed on mobilisation efforts in relation to European Union environmental law, largely via national legal systems or the European Court of Justice (CJEU). Relatively underexplored, however, has been the role of (non-)compliance systems outside the EU’s institutional structure, operating with a similar geographical scope. In particular, the potential of the Convention on European Wildlife Conservation (1979) and its corresponding (non-)compliance mechanism has thus far been overshadowed by academic discourse on the mechanisms of the EU. The chapter argues that while the looming shadow of CJEU judgments lends an indispensable lever to NGOs seeking to protect biodiversity, less confrontational and civil society-oriented compliance mechanisms provide important additional avenues for legal mobilisation.