Polarized America and Non-Compulsory Voting

As a newcomer to the U.S., arriving in the months leading up to a Presidential election, I am struck by the apparent polarization of the American media into red and blue extremes. The most recent conspicuous example was the respective coverage by Fox News and MSNBC of the leaked Mitt Romney tapes (or, one might say, lack of coverage with regard to the former). As one U.S. political correspondent for Australia noted recently, “It is almost as though there are two elections going on in the U.S., each entirely independent of the other. Each side has its own set of facts, and each side is becoming increasingly baffled and frustrated that its opponent will not accept it.”

A notable contrast between U.S. and Australian federal elections is that in Australia, voting in elections is compulsory, and has been since 1924, when a bill to that effect was passed without dissent by both Houses of Parliament. In the first federal election following the establishment of compulsory voting (which is enforced by a system of fines), voting turnout rose to 91.4%, up from 59.38% in the previous, non-compulsory, election. 

Continue ReadingPolarized America and Non-Compulsory Voting

ECtHR Hearing: Detention of Former Ukrainian Prime Minister

The European Court of Human Rights yesterday began a public hearing in the case of Tymoshenko v. Ukraine (application no. 49872/11), concerning complaints related to the detention of the former Ukrainian Prime Minister. The hearing preceded today’s verdict by the Higher Specialized Court of Ukraine for civil and criminal cases, which controversially upheld Tymoshenko’s conviction and imprisonment.

Tymoshenko was the Prime Minister of Ukraine from January to September 2005 and from December 2007 to March 2010. She was an instrumental figure in the Ukraine’s “Orange Revolution”, one of the democratic “Color Revolutions” to sweep former USSR and Balkan states during the early 2000s. An economist and academic, prior to embarking on a political career, Tymoshenko was a prominent and influential businesswoman in the gas industry.

Continue ReadingECtHR Hearing: Detention of Former Ukrainian Prime Minister

Gu Kailai Trial and China’s Rule by Law

On Thursday, August 9, 2012, in China’s Anhui province, the murder trial of Gu Kailai, wife of a high-profile former Communist Party official, for the murder of British businessman, Neil Heywood, ended after seven hours. The trial is regarded as the highest profile political trial in decades, Gu Kailai being the wife of disgraced former Communist Party official Bo Xilai.

Heywood, a family friend of Gu and Bo, was found dead in his Chongqing hotel room in November 2011, the morning after dining with Gu. The trial has garnered international attention, with many China law scholars asking what light the proceedings shed on China’s purported pursuit of a law-based society (法治国家).

Continue ReadingGu Kailai Trial and China’s Rule by Law