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In any human community larger than about 120 to 150 – Dunbar’s number – it becomes increasingly difficult to govern on the basis of sheer personality alone. And so instead of face-to-face encounters of dominance and appeasement you have rules and commands: things that bind you – oral or in writing – because of the legitimate nature of the rule or command. In modern societies these rules and commands are divided between the normative and the positive, and the usual word for the latter is ‘law’.

in a modern society a government is creature of law, and so without law it is ultimately nothing

If the government complies with the law then it is more credible for the government to insist on the governed to comply with the law as well.

Imagine an empire with a massive security sector, one barely accountable to the democratic will. This coercive system, though appearing self-perpetuating, represents an elite echelon’s efforts to protect and consolidate power. It employs so many people that its maintenance and funding is necessary, not because of the dictates of national security, but simply to keep all its workers from becoming “superfluous.” With a repressive apparatus notorious for its abuses, this security sector fosters the very domestic opposition it is designed to combat.

this description actually comes from George Kennan’s foundational article “The Sources of Soviet Conduct,” which appeared in Foreign Affairs, under the byline X, in 1947. Kennan, perhaps more than anyone else, shaped the rhetoric of the Cold War in a way that made it seem preordained, inevitable. He is most often remembered for calling out the supposedly innate qualities of Russian culture—spiritual deprivation, cynicism, and conformity—upon which communist ideology had been grafted. This combination, he argued, was destined to conflict with the innate qualities of Americanism—its freedom of worship, its emphasis on individuality, and its support of business. But the dominance of the security sector was another persistent motif in Kennan’s work; he dedicated five paragraphs of “The Sources of Soviet Conduct” to the “organs of suppression.” Secret police lurked everywhere, the narrative went, and prisons were the Soviet Union’s primary feature. By 1953, under Joseph Stalin, 2.6 million people were locked up in the gulag and over 3 million more were forcibly resettled— a total of around 3 percent of the population kept under state control. Kennan’s point, like those of other foundational Cold War tracts, was clear: unlike the United States, the Soviet Union was brutally repressive.

The pathway toward the permanent war economy of NSC 68’s vision was not direct. It was contested in Congress and in public opinion. Critics rightly feared the emergence of a “garrison state,” a term that has been largely lost today.

To have effect any laws need to be clear, comprehensible, and accessible.

Criminal laws that are not enforced are official fictions.

For the lockdown to work in a modern non-totalitarian society, there needs to be consent. In essence: laws and sanctions should only have any effect at the margins, because the mass of the people will do the ‘right thing’ anyway. And this engages the normative issues of legitimacy, accountability, fairness, and credibility.

showing the limits of Iraq's laws. There is no deadline for the president to choose his deputies or a mechanism to dismiss or hold accountable members of parliament who refuse to attend legislative sessions

the delay of President Barham Salih in choosing his deputies is “a clear violation of the constitution.” This matter also shed light on the issue of members of parliament who have yet to be sworn in.

others who were elected to parliament, including Maliki, former Prime Minister Haider al-Abadi, former Interior Minister Qasim al-Araji, Basra Gov. Basra Assad al-Aydani and acting Kirkuk Gov. Rakan al-Jabouri, continue to refuse to take the oath of office and take up their legislative functions in the legislature. It appears that most if not all of them are seeking through this maneuver to keep their political options open for as long as they can

no other populism is likely to dismantle the very country it claims to be saving. The end of the United Kingdom is a probable outcome of the hardline Brexit towards which Boris Johnson is steering the country like a demented racing driver. Brexit would also very significantly weaken both the European Union and the transatlantic alliance.

for one of the world’s oldest, most stable parliamentary democracies, what has happened in Westminster is shocking. The Conservative party, a centre-right broad church for at least a century, has become the Revolutionary Conservative party

Many people around the world have been laughing at the House of Commons, with its antiquated procedures and theatrical Speaker. Actually, the Westminster parliament is doing us Britons proud. Over the last couple of years, those green leather benches have seen great speeches, deep emotion and courage, with members putting the national interest before personal and party advantage. Now parliament has stopped the populist bullies in their tracks, swiftly passing a law that obliges the government to ask for an article 50 extension if no deal has been agreed with the EU and approved by MPs by 19 October. Were Johnson to refuse to do so, as he is currently threatening, then he would have broken the law and could, ultimately, be sent to prison.

As Tunisians prepare for back-to-back legislative and presidential elections, news first revealed by Al-Monitor has had a bombshell effect: A purported emissary of imprisoned presidential candidate Nabil Karoui signed a $1 million lobbying contract to secure a meeting with President Donald Trump, among others.

Karoui’s opponents cite laws that forbid any foreign funding or support for Tunisians running for office. “The money didn’t come from Tunisia so it came from outside Tunisia, and that is against the law,” said Leila Chettaoui, a member of parliament for Prime Minister Youssef Chahed’s pro-secular Tahya Tounes party. “If it’s proven to be the case, Karoui must be disqualified.”

complaint also mentions Ennahda party, which has retained Burson-Marsteller (now BCW) for public affairs work in the United States since 2014, as well as parliamentary candidate Olfa Terras-Rambourg, who retained Washington firm America to Africa Consulting in early September

Every polity has a constitution, in that there can be a descriptive answer to the question of how that polity is constituted. A constitution provides for how the elements of the state are arranged; what each element of the state does and does not do; how tensions between those elements of the state are resolved; and the relationship of each element of the state with the individual.

In a happy polity there is not much issue about what each element of the state does. And when there are tensions – such as whether the government or parliament get to make a notification under Article 50, or whether the government can be obliged to publish certain papers when required by the legislature – there are means of resolving those tensions before they harden into contradictions. A constitutional crisis occurs when those tensions cannot be resolved.

These are exciting times to be a constitutional commentator. As one based in England, this must be the most exciting time to be a constitutional commentator since the 1680s. (Scottish, Irish and Welsh commentators may – and do – have different views.)

Nigeria’s government is reviving old habits from its authoritarian past to stifle criticism.Evoking memories of Nigeria’s three decades of military rule, the repression risks undoing progress Africa’s top oil producer has made since the restoration of multiparty democracy in 1999. Governance and other reforms have helped more than double average annual foreign investment since then -- a pace President Muhammadu Buhari needs to sustain to help reduce the world’s largest number of people living in extreme poverty.

Buhari won a popular vote in 2015 claiming to be a “converted democrat,” and was reelected in February. That assertion has been eroded by crackdowns on civil-society organizations, increasing arrests of journalists and planned laws to regulate social media.

“Investors are less keen on venturing into regions that are considered to be within the grip of erratic strongmen.”

local reporters suggest that use of force by law enforcement is primarily responsible for things turning violent — and that federal troops have been particularly, dangerously heavy-handed. “I have been in the streets of Portland documenting this movement since the very first riot,” reporter Robert Evans writes in Bellingcat. What’s happening now is “the end result of more than six weeks of escalating state violence against largely nonviolent demonstrators.”

This kind of violent federal deployment over the objections of state and local officials has no real precedent in American history. The closest parallels are Reconstruction, when Union troops occupied the states of the defeated former Confederacy, and military deployments to the South during the civil rights era to enforce desegregation orders.

it was uniformed soldiers that were sent, not unidentified state security forces from an alphabet soup of obscure DHS agencies. More fundamentally, these troops were being used to protect moves toward racial progress — not suppress protesters who were there to demand it.

Soon after he offered public assurances that the government was ready to battle the coronavirus, the powerful chairman of the Senate Intelligence Committee, Richard Burr, sold off a significant percentage of his stocks, unloading between $582,029 and $1.56 million of his holdings on Feb. 13 in 29 separate transactions.

Burr is not a particularly wealthy member of the Senate: Roll Call estimated his net worth at $1.7 million in 2018, indicating that the February sales significantly shaped his financial fortunes and spared him from some of the pain that many Americans are now facing.

Members of Congress are required by law to disclose their securities transactions. Burr was one of just three senators who in 2012 opposed the bill that explicitly barred lawmakers and their staff from using nonpublic information for trades and required regular disclosure of those trades. In opposing the bill, Burr argued at the time that insider trading laws already applied to members of Congress.

Many political scientists like political behavior to fall into neat boxes, whether those be typologies cleanly defining terms or spreadsheets in which every row contains a discrete observation. They recognize that there’s always phenomena that won’t fit, cleanly, but those can be the basis of future research—or relegated to the “error term,” the leftover bin for the facts that theory doesn’t explain.

When the implicit definition of democracy is democracy with American characteristics, the exceptions don’t even register as exceptions—until some event so far out of the comfort zone of mostly white, upper middle-class academics forces us to confront them as if they were brand new.

A federal union with authoritarian states cannot but be at least partly authoritarian itself

A little over 173,000 people voted for Avigdor Liberman’s Yisrael Beitenu party in April, giving it five Knesset seats. In September, the number of people who voted for the party shot up to 310,000. So, after just 3½ months of campaigning, it gained 137,000 new voters and grew to eight seats. These eight seats make it impossible for either bloc — right or left — to form a narrow majority government. That's why, on Oct. 3, the very day that the new Knesset was sworn in, Prime Minister Benjamin Netanyahu initiated a meeting with Liberman. He wanted to convince the Yisrael Beitenu leader to join the new government that he was trying to form

It seems like Liberman succeeded in selling voters on his formula for change, specifically in matters of religion and state. That is something that most people support, particularly in the political center. What Liberman also offered them was a realistic way to make it happen. He proposed bringing two main parties — the Likud and Blue and White — together, given that there are so few ideological differences between them. Doing this would seem to be the most natural thing in the world. The problem is that the Blue and White party rejects Netanyahu, because of his pending criminal cases, while the Likud insists on bringing its right-wing, ultra-Orthodox bloc along with it.

He wants to see a new government made up of the Likud, Blue and White, and his Yisrael Beitenu party only, thereby forcing Netanyahu to sever his sacred alliance with the ultra-Orthodox. In this way, Liberman could advance the changes that he promised. When, about two weeks before the election, the Blue and White party realized that Liberman is stealing many of their votes because of this position, they also started talking about a secular, liberal government. Liberman now claims that this was why he did not have an even bigger victory.

environmental crimes in Amazonia—including those related to the fires—are in part the product of widespread corruption

The greatest environmental threats in this region are the illegal harvesting of timber and the illegal clearing of land (often through burning) to prepare the land for commercial use for agriculture and livestock. (Between 70% and 80% of the deforested area in Amazonia has been used to create pasture for breeding cattle to produce meat for domestic and international consumption.) To be sure, Brazil has laws in place to protect Amazonia from over-exploitation and other forms of environmental damage.

The Brazilian government is responsible for enforcing these rules and for regulating and overseeing the extraction, transportation, and commercialization of timber from Amazonia. The regulatory system involves government approval of forest management plans, the issuance of permits for timber harvesting and land clearing, and the tracking of timber to ensure that it was not illegally removed from public lands or from the protected areas of private lands.

Police in Italy say they raided the homes of 19 people who allegedly wanted to create an "openly pro-Nazi, xenophobic and anti-Semitic" party.Officers found firearms and propaganda celebrating Nazi leader Adolf Hitler and fascist dictator Benito Mussolini during the series of raids across the country

Authorities had been monitoring "extreme right-wing local militants" during a two-year investigation led by the Anti-Mafia and Antiterrorism District of the Prosecutors Office of Caltanissetta and identified a "vast and jagged galaxy of subjects" who shared the same "ideological fanatism," police said.

one of the trainers in the group was a former senior member of the Calabrian mafia organization known as Ndrangheta and had been a former representative for the Forza Nuova neo-fascist party in the western region of Liguria

The Conservatives have become a vehicle for well-drilled fanatics who, like the Militant tendency forty years ago, infiltrate constituency parties in order to deselect MPs who offend doctrinal purity.

There is no more Conservative figure than Dominic Grieve, the former attorney general. His offence? Standing up for parliamentary democracy and the rule of law. These are, it seems, hanging offences in Boris Johnson’s Conservative Party.

the Conservative Party came into existence in the wake of the French Revolution as a defender of institutions – church, monarchy, parliament, rule of law – against abstraction, ideology and ultimately political violence.

According to a new report by the Armed Conflict Location & Event Data Project (which usually monitors violence in war-torn countries), 20 violent groups—left and right—have taken part in more than 100 protests related to the George Floyd killing. In June, there were 17 counterdemonstrations led by right-wing militant groups, one of which sparked violence. In July, there were 160 counterdemonstrations, with violence in 18.

A decade ago, Kilcullen counted about 380 right-wing groups and 50 left-wing ones, many of them armed. In the early 1990s, the faceoff between the FBI and the Branch Davidians, outside Waco, Texas, left 80 people dead—and inspired Timothy McVeigh and his gang of extremists to blow up a federal building in Oklahoma City, killing 168 people. In the late 1960s and early ’70s, left-wing groups such as the Weather Underground set off bombs all over the country; police waged deadly shootouts with the Black Panthers in Oakland, California, and Chicago; and marchers for and against the Vietnam War—mainly students and hard-hat workers—clashed in violent street battles.

the prevalence of cable TV networks and social media, which amplify and spread the shock waves. Incidents that in the past might have stayed local now quickly go viral, nationwide or worldwide, inspiring others to join in.

international activists, groups and institutions are increasingly focusing on the United States as a villain, not a hero, on the subject of human rights. While the U.S. has never fully escaped such scrutiny — consider the post-9/11 fury over torture, Guantanamo Bay and drone strikes — former officials and activists say that, under President Donald Trump, American domestic strife is raising an unusual level of alarm alongside U.S. actions on the global stage. Some groups also flag what they say is an erosion of democracy in a country that has long styled itself as a beacon of freedom.

Secretary of State Mike Pompeo has created a commission tasked with rethinking the U.S. approach to human rights. Pompeo argues there’s been a questionable proliferation of what counts as human rights. Critics fear the commission, whose report is due this summer, will undercut the rights of women, LGBTQ people and others

“The Trump factor is huge, if not the determinative factor” in the battered U.S. reputation, said David Kramer, a former assistant secretary of State for human rights in the George W. Bush administration. “People advocating and fighting for democracy, human rights and freedom around the world are disillusioned by the U.S. government and don’t view the current administration as a true partner.”