This thesis examines the role of civil society in promoting good governance and development in Zimbabwe. This is done through a case study of the National Constitutional Assembly (NCA). Specifically, the thesis looks at the role of constitutionalism as a tool in promoting good governance and development by situating the Zimbabwean struggle for constitutional reform within the context of an unprecedented socio-economic and humanitarian crisis that engulfed Zimbabwe at the beginning of 2000. One of the central questions explored in this thesis is that of the value of the concept of civil society in understanding African post-colonial situations in general and the Zimbabwean situation in particular. The thesis looks at the history of constitutionalism in order to assess if the Zimbabwean crisis could be understood within the context of a constitutional crisis. Therefore, the thesis ventures into the complex dynamics of state-civil society relations while at the same time examining the formation, structure and programmes of the NCA. This is meant to highlight how the NCA’s internal governance system, its leadership style and accountability worked as well as if it reflected good governance or not. An analysis of NCA’s relationship with donors is also presented in order to dispel or validate claims that civil society is just a front for western interests to effect regime change in Zimbabwe. Of critical importance in this study is how civil society (represented by the NCA) interacted with the government and the opposition political parties. The NCA actively participated in opposition politics coming in the open to urge its supporters to vote for the opposition and later ditched the opposition when they had disagreements but their reputation as impartial actors had been destroyed. The thesis concludes by questioning the strategies that are used by civil society in engaging with the government and that in their present structure they should not be antagonistic to the state but should work in tandem with the state for the attainment of good governance and development. Civil society organisations should be politically neutral in their pursuit of developmental goals and ought to practice what they preach by being democratic and accountable themselves. / Development Studies / M.A. (Development Studies)

This thesis has three objectives. Its primary objective is to examine, and critically evaluate, the theoretical accounts offered by Hans Kelsen and Joseph Raz to explain the temporal continuity and discontinuity of legal systems. In particular, it evaluates the explanatory power of those accounts by combining an abstract analysis of the accounts in principle and an evaluation based on systematically applying them to one concrete, historically circumstanced instance: the legal systems of British derivation in Australia between 1788 and 2001. The thesis thus tests each account’s factual fit: how adequately it corresponds to, accords with, and persuasively makes sense of, the facts – including complex social facts, attitudes and normative standards – for which it purports to offer an account. Second, the thesis aims to demonstrate, more generally, the utility of applying theoretical accounts to a particular historical instance to complement abstract analysis. Third, the thesis aims to advance the understanding of the evolution of Australian legal systems between 1788 and 2001. These three objectives are achieved through the critical exposition and reconstruction of the accounts, their development and enrichment where refinement is appropriate, their application to the specific context of Australia and their evaluation, individually and in comparison.

Thesis (DPhil (Political Science))--Stellenbosch University, 2009. / ENGLISH ABSTRACT: The main problem investigated in this study is why a homogeneous nation with a high literacy rate such as Lesotho has had so many breakdowns of democracy since independence in 1966. Lesotho is completely surrounded and economically dependent on South Africa and depends mostly on the external sources of income (migrant remittances, customs revenues and foreign aid). Why has this democracy not consolidated? For the assessment of the consolidation of Lesotho’s democracy, this study adopted the multivariate model of Bratton and Van de Walle. This model uses institutional as well as socio-economic variables. In the application of this model various other authors were used as well. Schedler dealt with the concept of breakdowns, whereas Linz and Stepan emphasised institutions and Przeworski et. al and Leftwich also utilised multivariate models, including socio-economic factors. Upon the attainment of independence, the King became a constitutional monarch within a parliamentary system. The monarchy was from the beginning of independence uncomfortable with this status that granted him limited powers. The democratic regime inaugurated with the 1965 elections lasted only till 1970, when the ruling party under Chief Leabua Jonathan which did not support the monarchy, declared the election results invalid and suspended the constitution after his ruling party lost to the opposition. But Chief Leabua Jonathan was toppled from state power in 1986 by the military. The military ruled for eight years. It was clear that the monarchy (eager for executive powers) and the military became factors in the survival of democracy in Lesotho. Democratic rule was relaunched in 1993. The 1993 and 1998 elections were followed by violent power struggles. This time the constituency-based electoral system served as catalyst for the political crises and was blamed. This is because seats did not reflect electoral support as opposition parties were not adequately represented in parliament. Constitutional reforms followed and in 2002 democratic rule was reintroduced. The 2002 and 2007 elections were conducted under the Mixed Member Proportional (MMP) system, which is a hybrid between constituencyiv based and proportional representation. Despite the electoral reforms, uncertainties still remained as the result of escalating socio-economic problems. This study addresses the ways in which the monarchy, the military, the electoral system and the socio-economic factors contributed to the breakdown of democracy in Lesotho. The original aspect of this study lies in the novel set of questions that have not been asked before. It fills the gap in the literature on the 2007 elections and the workings of the new electoral system by comparing the 2002 and the 2007 elections. Despite the constitutional reforms in 2002, the 2007 elections resulted in the new set of problems. The problem of the Lesotho MMP system is how it has to be operationalised and the lack of understanding among the politicians and electorates on how it works. This situation is exacerbated by the absence of legal and clear guidelines on how the translation of votes into seats– especially for candidates under proportional representation (PR) – has to be undertaken in cases where there are coalitions between parties. This institutional reform of the electoral system has not added any value for the development of democracy as losing parties have refused to adhere to the rules. Apart from the electoral system, some of the other core problems are older and institutional. The monarchy has over the years been at the root of some of the country’s democratic breakdowns. It also had influence in the military. The military instituted a period of authoritarianism and managed the transition to democratic rule in the early 1990s.The monarchy and the military continued to destabilise the post- 1993 democratic governments until 1998, after which the electoral system was reformed. But the problems are not only institutional. Lesotho is a democracy with low per capita income. It also has high levels of inequalities as well as high unemployment. Lesotho also has one of the highest HIV/Aids rates in Southern Africa. The country performs poorly when measured against aspects of the United Nations Human Development Index (HDI) such as life expectancy, mortality rates and standard of living. It is the poorest country, with the lowest HDI of Southern Africa’s “free nations”, according to Freedom House. These socio-economic problems have impacted negatively on the prospects of democratic consolidation. One positive aspect is the high literacy rate of over 80%. But this has not benefited Lesotho’s democracy in any meaningful way as most of its educated people are working in South Africa. The country does not have a sizeable middle class, while civil society, except for churches, is also weak. While the monarchy and military have been successfully depoliticised, Lesotho’s democracy remains unconsolidated because of weaknesses in the electoral system (lack of understanding of its operationalisation) and continuing problems of socio-economic development. Its ethnic homogeneity is not an asset either as other divisions have recurred all the time. The overall conclusion is therefore that although most institutional factors responsible for democratic breakdowns in the past have been overcome, the socioeconomic variables such as poverty, weak civil society, small middle class and socio-economic inequality will hinder consolidation for a long time to come. / AFRIKAANSE OPSOMMING: Die hoofprobleem wat in hierdie studie ondersoek word, is hoekom ’n homogene nasie met ’n hoë geletterdheidsyfer soos Lesotho, soveel onderbrekings (“breakdowns”) van die demokrasie sedert onafhanklikwording beleef het. Vir die beoordeling van konsolidasie van Lesotho se demokrasie is van ’n model van multivariëteit gebruik gemaak. Dit is gebaseer op die denke van Bratton en Van de Walle wat van sowel institusionele as sosio-ekonomiese veranderlikes gebruik maak. Die konsep van afbreuk (“breakdown”) is van Schedler afkomstig. Linz en Stepan maak uitsluitlik van institusionele veranderlikes gebruik, terwyl Przeworski et. al en Leftwich ook van multi-veranderlikes gebruik maak. Hulle denke het die teoretiese raamwerk van hierdie studie gevorm. Heeltemal omring deur, en afhanklik van Suid-Afrika, word die Koninkryk van Lesotho geteister deur politieke onstabiliteit. Die koning het ’n grondwetlike monargie binne ’n parlementêre stelsel geword. Die monargie was egter sedert die begin van onafhank-likheid ongemaklik hiermee. Die demokratiese regime het in 1965 met verkiesings tot stand gekom. Maar dit het slegs tot 1970 geduur toe die regerende party van Hoofman Leabua Jonathan die verkiesing verloor het, en die grondwet opgeskort het. Hyself is in 1986 in ’n staatsgreep deur die weermag omvergewerp. Dit was toe reeds duidelik dat die monargie en die militêre faktore in die oorlewing van demokrasie in Lesotho geword het. Demokratiese regering is in 1993 heringestel. Die 1993 en 1998 verkiesings het egter weer geweld opgelewer. Nou was die kiesafdeling-gebaseerde kiesstelsel geblameer omdat setels nie met steun vir partye gekorreleer het nie. Grondwetlike hervormings is ingestel waarna demokrasie weer in 2002 heringestel is. Die verkiesings van 2002 en 2007 het onder reëls van ’n hibriede stelsel van proposionele verteenwoordiging sowel as kiesafdelings plaasgevind. Daar was stabiliteit, maar onsekerhede was as gevolg van ingewikkeldhede van die stelsel wat nie opgelos is nie. Die studie ontleed die rol van die monargie, die weermag, die kiesstelsel en vlak van sosio-ekonomiese ontwikkeling in die opeenvolgende demokratiese ineenstortings in Lesotho. Die oorspronklikheid van hierdie studie is dat vrae gestel word wat nog nie voorheen met betrekking tot Lesotho gedoen is nie. Dit vul dus ’n gaping in die literatuur, ook wat die onlangse verkiesings van 2007 betref. Ten spyte van die grondwetlike hervormings van 2002, het die 2007 verkiesings nuwe probleme opgelewer. Die probleem is dat sowel die kiesers as die politici nie altyd verstaan hoe die formules van die hibriede stelsel werk nie. Daar is ook ’n afwesigheid van riglyne oor hoe om stemme in setels om te sit waar kaolisies deelgeneem het. Afgesien van die verkiesingstelsel, is van die ander probleme ouer, maar ook institusioneel van aard. Die monargie soos hierbo gestel, is deel van hierdie probleme. Dit het soos aangedui ook ’n invloed op die militêre gehad. Beide het die demokrasie gedestabiliseer tot ná 1993 en 1998, waarna die nuwe verkiesingstelsel nuwe probleme opgelewer het. Die probleme in Lesotho is egter nie net van ’n institusionele aard nie. Lesotho is ’n arm demokrasie met lae per capita inkome, hoë ongelykhede en werkloosheid, asook van die hoogste HIV/Vigs syfers in Suider Afrika. Lesotho vaar ook swak op die Verenigde Nasies se Menslike Ontwikkelingsindeks. Dit is ook die armste van Freedom House se nasies wat as “vry” geklassifiseer word. ’n Positiewe aspek is die hoë geletterdheidsyfer van 80%. Maar dit het Lesotho oënskynlik nie gehelp om die demokrasie volhoubaar te maak nie. Die land het byvoorbeeld nie ’n beduidende middelklas nie, terwyl die burgerlike samelewing met uitsondering van die kerke, ook swak is. Terwyl die monargie en die militêre deesdae gedepolitiseer is, is die demokrasie nog nie gekonsolideer nie. Die redes hiervoor is die probleme met die kiesstelsel en voortgesette lae ekonomiese ontwikkeling. Etniese homogeniteit is ook skynbaar nie ’n bate nie, want ander verdelings ontstaan deurentyd. Die hoofkonklusie van hierdie studie is dus dat alhoewel Lesotho die institusionele faktore wat vir demokratiese afbreuk in die verlede verantwoordelik was oorkom het, die sosio-ekonomiese veranderlikes soos armoede, swak burgerlike samelewing, klein middelklas en ongelykheid steeds konsolidasie nog vir ’n lang tyd sal belemmer.

This article traces different forms of the same present throughout several eras in American political and social history. I focus on two texts, John Locke’s Second Treatise of Government, and Chief Justice Roger Brooke Taney’s majority opinion in Dred Scott v. Sandford, in order to examine slavery as a legal institution in the United States, and, in particular, the constitutionality of slavery. Rather than a massive contradiction, the Dred Scott decision is just another iteration of American political and racial philosophy as it was 100, even 200 years earlier. Taney’s opinion is a reflection of what the Lockean social contract came to look like in a racially hierarchized, colonial society. The Dred Scott decision paints one of the most accurate pictures of American political thought but is always written off as nothing but bad law. A close examination of race and social contract theory as they influenced the American Constitution gives insight into more productive ways to talk about race today.

This thesis examines the role of civil society in promoting good governance and development in Zimbabwe. This is done through a case study of the National Constitutional Assembly (NCA). Specifically, the thesis looks at the role of constitutionalism as a tool in promoting good governance and development by situating the Zimbabwean struggle for constitutional reform within the context of an unprecedented socio-economic and humanitarian crisis that engulfed Zimbabwe at the beginning of 2000. One of the central questions explored in this thesis is that of the value of the concept of civil society in understanding African post-colonial situations in general and the Zimbabwean situation in particular. The thesis looks at the history of constitutionalism in order to assess if the Zimbabwean crisis could be understood within the context of a constitutional crisis. Therefore, the thesis ventures into the complex dynamics of state-civil society relations while at the same time examining the formation, structure and programmes of the NCA. This is meant to highlight how the NCA’s internal governance system, its leadership style and accountability worked as well as if it reflected good governance or not. An analysis of NCA’s relationship with donors is also presented in order to dispel or validate claims that civil society is just a front for western interests to effect regime change in Zimbabwe. Of critical importance in this study is how civil society (represented by the NCA) interacted with the government and the opposition political parties. The NCA actively participated in opposition politics coming in the open to urge its supporters to vote for the opposition and later ditched the opposition when they had disagreements but their reputation as impartial actors had been destroyed. The thesis concludes by questioning the strategies that are used by civil society in engaging with the government and that in their present structure they should not be antagonistic to the state but should work in tandem with the state for the attainment of good governance and development. Civil society organisations should be politically neutral in their pursuit of developmental goals and ought to practice what they preach by being democratic and accountable themselves. / Development Studies / M. A. (Development Studies)

Os livros publicados durante a primeira república que desenvolveram estudos com base nas novas configurações políticas e jurídicas introduzidas no país a partir da promulgação da constituição de 1891 podem ser considerados objetos de consumo que funcionaram como depositários da doutrina constitucional brasileira. Esses materiais procuraram dar continuidade e perenidade ao pensamento constitucional, esforçando-se no sentido de consolidar as criações e os debates constitucionais travados em embates discursivos provenientes das mais diferentes esferas. Os discursos construídos pelos autores são compreendidos dentro de um contexto amplo, no qual diferentes elementos e atores agiram como mediadores entre o texto do escritor e a recepção do leitor. Assim, os livros não são entendidos de forma idealizada como textos puros, mas como produtos finais cuja materialidade e realidade do mercado editorial determinaram também as formas de apresentação e de estruturação interna dos conteúdos abordados. A pesquisa analisa os livros de direito constitucional publicados durante a primeira república a partir desses dois pontos principais. Inicialmente trabalha informações relacionadas à materialidade dos textos, considerando aspectos sobre a produção e circulação desses livros, bem como elementos pré-textuais que trouxeram questões importantes para a sua compreensão. Na seqüência, enfoca os discursos produzidos pelos autores em torno de dois temas constitucionais específicos, o federalismo e o estado de sítio, e a forma como construíram seus textos e argumentos e os estruturaram e apresentaram aos leitores. Tanto nos aspectos relacionados ao mercado editorial do período quanto na análise dos discursos dos prefácios e na abordagem dos temas específicos do federalismo e do estado de sítio, foi possível perceber que no momento inicial da história republicana brasileira esses livros agiram construindo, consolidando e difundindo novos padrões, novos entendimentos e novas formas de concepção de mundo e de práticas de vida, ensinando e doutrinando os cidadãos de acordo com as estruturas republicanas. Considerando que o livro procura sistematizar, explicar, interpretar, divulgar e consolidar a constituição brasileira, numa formatação que incentiva o seu uso por uma gama ampla de leitores, o papel que exerce na sociedade é decisivo, já que repercute nas compreensões sociais e institucionais do país acerca do direito. / The books published during the Brazilian first republic that developed studies based on the new political and legal settings introduced in the country after the promulgation of the constitution of 1891 can be considered as objects of consumption that acted as keepers of the Brazilian constitutional doctrine. These materials sought to provide continuity and sustainability to the constitutional thought, making efforts to consolidate the constitutional creations and debates caught in discursive struggles coming from varied spheres. The discourses constructed by the authors are included within a broad context in which different elements and actors have performed as mediators between the text of the writer and reader reception. Thus, the books are not understood so idealized as pure text, but as final products whose materiality and reality of the publishing industry have also determined the forms of presentation and internal structuring of the content addressed. The research examines the books of constitutional law published during the first republic from these two main points. Initially, working on information related to the materiality of texts, considering aspects of the production and circulation of these books, as well as pre-textual elements that have brought important issues to understanding. Subsequently, it focuses on the discourses made by the authors around two specific constitutional issues, the federalism and the state of siege, and how they built their texts and arguments and structured and presented to readers. In both aspects of the publishing industry of the period and in the discourse analysis of the prefaces and addressing specific issues of federalism and the state of siege, it was revealed that in the initial time of Brazilian republican history, these books acted by building, consolidating and disseminating new standards, new understandings and new ways of designing the world and the daily practice, teaching and indoctrinating citizens in accordance with the republican structures. Whereas the book is an attempt to explain, interpret, disseminate and consolidate the Brazilian constitution, in a format that encourages their use by a wide range of readers, the role it plays in society is crucial, as it reflects in the social and institutional understandings of the country about Law.

This thesis deals with the role of property in the formation of the American Constitution and government. Charles Beard's views on property are compared with writings from the eighteenth century. Beard's writings on property and his critics are examined in the first two chapters. Then, the thesis's two historical contexts are evaluated. Concentrating on the Enclosure Acts, the fourth chapter looks at the importance of land to the former Englishmen. The eighteenth century view of property is the focus of the fifth section. The last chapter contrasts the two different views of property. Beard believed that the Constitution was a conservative document that protected the property of the few over the many. The Founding Fathers actually included liberal protections for property in the eighteenth century.

This dissertation examines the interaction between American social movements as they pursue their constitutional rights. The public law literature is dominated by a topdown approach to the study of constitutional politics, frequently focusing on the impact of Supreme Court decision-making. Instead, I explore constitutional politics from the bottom-up, analyzing constraints on social movement organizations as they formulate their constitutional strategies. Social movements must always be keenly aware of the actions of their peers who also seek to exploit the Constitution for their own benefit. My findings indicated that social movements recognize this competitive relationship with other social movements and treat their fellow constitutional claimants accordingly, acting to contest claims unfavorable to their cause, co-opt claims of other groups that have shown promise, and even form coalitions with their peers where an adjustment of their own claims to accommodate their coalition partners will likely net a greater return than going it alone. These negotiated constitutional claims have resulted in significant, durable and often ironic or unexpected shifts in constitutional development. / text

The purpose of this study is to examine the position of the Persian ulama toward the idea of constitutionalism and the Persian Constitutional Revolution of 1906, as exemplified in the life and politica1 thought of Mirza Muhammad Husayn Na'ini (1860-1936).

Zugl.: Zürich, Universiẗat, Habil.-Schr., 2001.