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More filters. Sort order. Start your review of Civil Society, Constitution, and Legitimacy. Sep 28, Adam rated it really liked it Shelves: political-theory. This is a magnificent treatment of constitutionalism in light of the post-Soviet Eastern European transitions to democracy.

Arato seamlessly weaves together theoretical reflections and empirical examples. And between this combination of theory and practice, Arato demonstrates his proficiency in jurisprudence and history. For the more This is a magnificent treatment of constitutionalism in light of the post-Soviet Eastern European transitions to democracy. For the more theoretically minded, one might say that theory at times becomes subsumed to case studies. For the more empirically minded, one might not clearly understand why we need to remember Hegel in evaluating the drafting of the post-Soviet Hungarian constitution.

But for those studying Constitutions who value interdisciplinarity and the ability to draw equally from multiple intellectual traditions, this set of interrelated essays is a must read. Huong rated it it was amazing Jul 25, M rated it really liked it Apr 04, Irakli Kvaratskhelia added it Sep 20, Renan Virginio marked it as to-read Nov 11, BookDB marked it as to-read Nov 07, Jake marked it as to-read Nov 21, Sager28 added it Jan 28, Madalina Vasile marked it as to-read Jan 04, Alexander H.

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Civil society, constitution and legitimacy

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Civil society, constitution and legitimacy / Andrew Arato. - Version details - Trove

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Unavailable for purchase. Continue shopping Checkout Continue shopping. Chi ama i libri sceglie Kobo e inMondadori. Choose Store. Most definitions contain a strong normative dimension. They argue that an organisation can generate legitimacy through improving its performance, building stronger relationships with its constituencies, and increasing its transparency. Walton et al. Critics argue that the focus on organisational accountability, performance and representativeness within these technical and practitioner perspectives often obscures much deeper and more political questions about legitimacy, and neglects the ways in which legitimacy is constructed and reproduced Lister ; Walton Where an organisation is seen to be compliant with legal frameworks and regulatory requirements concerning civil society, as well as all other laws governing a particular jurisdiction.

Where an organisation is perceived to meet or represent the interests and demands of a specific constituency. Where an organisation is seen to meet social norms, values and standards about what civil society organisations can and should be doing by different constituencies. Where organisations are seen as making sense within larger societal narratives and structures, and are recognised, accepted and even taken for granted as being part of the way things are within a particular social context. Broadly speaking there are four kinds of legitimacy: regulatory, pragmatic, normative and cognitive Brown and Jagadananda ; Lister Regulatory legitimacy is produced through compliance with legal frameworks and regulatory requirements concerning civil society, including legislation covering the registration and governance of organisations as well as laws on related issues such as public protest.

Pragmatic legitimacy is generated where an organisation is perceived to meet or represent the interests and demands of a specific constituency or community. Whereas normative legitimacy relates to whether an organisation is seen to meet social norms, values and standards about what civil society organisations can and should be doing, cognitive legitimacy is where organisations are seen as making sense and are accepted as part of the way things are within a particular social context Lister ; Brown and Jagadananda These environments are either characterised as enabling or disenabling.

Even though a number of NGOs faced strong stigmatisation, threats and even killings, many other informants argue that the political space actually increased in the past decades. Thus, even NGOs that touch on more sensitive topics do not necessarily experience pressures. Moreover, where they do experience pressures there are marked differences in the type of pressure and the intensity.

This paper argues that political space also relates to the individual and collective perceptions of civil society actors themselves Beswick , which are shaped by historical and contemporary experiences of government restrictions or of harassment and intimidation, as well as emotions and subjectivities, such as a fear of reprisals. These perceptions may influence the behaviour of activists and organisations, and the extent to which they are able to claim or reshape their political and operating space.

Furthermore, these perceptions are not static, but are liable to fluctuate in relation to changes within the social and political landscape within which activists and organisations are situated. Perceptions of political space among activists are also affected by processes of legitimation and delegitimisation, which are situated within particular social and political landscapes and are highly context specific.

In violent and divided settings such as conflict zones, or those places where political space for civil society is under threat, these processes are often highly politicised and the context within which they are situated can be extremely dynamic and unstable Walton The literature on civil society space highlights some specific issues relating to organisational and political legitimacy that may be faced by civil society organisations located in violent and divided contexts.

The first set of challenges relates to legal and regulatory frameworks for civil society in violent and divided contexts. While good legislation and a supportive regulatory environment can improve civil society legitimacy, a poor or restrictive legislative framework can undermine it Hayman et al.

An increasing number of governments have also introduced legislation that either prohibits or restricts foreign funding for civil society in recent years Christensen and Weinstein Such legislation may be introduced for various reasons. Some national governments see organisations that receive foreign funding as more accountable to international donors than domestic constituencies, and use these concerns about local legitimacy to justify restrictions on civil society see Wood on Kenya; Dupuy et al.

Consequently, governments may also introduce such legislation in the hope of weakening groups that are thought to be capable of mobilising opposition to their regimes Christensen and Weinstein The second set of challenges relates to the highly politicised and extremely fluid and changeable nature of violent and divided contexts. Perceptions about which behaviours are legitimate are liable to change as the social and political landscape shifts during and after violent conflict.

Shifts in the social and political terrain during and after violence can have a profound effect on the legitimacy of civil society organisations and their political space. This is because they are often linked to broader struggles for political legitimacy. In some contexts, where the political legitimacy of the ruling regime is contested, civil society organisations may be seen as part of the political opposition or representatives of foreign interests. This may lead Governments to view them as a potential alternative source of legitimacy, and even as a threat to state power and sovereignty Wood ; van der Borgh and Terwindt ; Walton This paper draws on certain findings and arguments within the literature explored above to create a conceptual framework for examining why some organisations that work on human rights and democracy promotion issues in Burundi were subject to restrictions and others were not.