The Rule of Law in Nascent Democracies

The Rule of Law in Nascent Democracies PDF Author: Rebecca Bill Chavez
Publisher: Stanford University Press
ISBN: 9780804748124
Category : Law
Languages : en
Pages : 284

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Book Description
This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.

The Rule of Law in Nascent Democracies

The Rule of Law in Nascent Democracies PDF Author: Rebecca Bill Chavez
Publisher: Stanford University Press
ISBN: 9780804748124
Category : Law
Languages : en
Pages : 284

Get Book Here

Book Description
This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.

Courts and Democracies in Asia

Courts and Democracies in Asia PDF Author: Po Jen Yap
Publisher: Cambridge University Press
ISBN: 1107192625
Category : Law
Languages : en
Pages : 251

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Book Description
This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.

Rule of Law and Constitution Building

Rule of Law and Constitution Building PDF Author: International Idea IDEA
Publisher:
ISBN: 9789187729638
Category : Constitutional law
Languages : en
Pages : 0

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Book Description
Regional organizations play an increasingly important role in strengthening and upholding the rule of law. Regional organizations are also increasingly seeking to strengthen constitutional governance in their member states by developing regulatory frameworks that reject and sanction unconstitutional transfers of power and attempts to remain in power unconstitutionally. This publication presents and discusses the initiatives and actions in the field of rule of law and constitution building by regional organizations. It also highlights their achievements, their limitations and the challenges they face, and puts forward policy recommendations for consideration.

Freedom in the World 2018

Freedom in the World 2018 PDF Author: Freedom House
Publisher: Rowman & Littlefield
ISBN: 1538112035
Category : Political Science
Languages : en
Pages : 1265

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Book Description
Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fifteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.

EU Law in Populist Times

EU Law in Populist Times PDF Author: Francesca Bignami
Publisher: Cambridge University Press
ISBN: 1108485081
Category : Law
Languages : en
Pages : 611

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Book Description
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.

The Alchemists

The Alchemists PDF Author: Tom Gerald Daly
Publisher: Cambridge University Press
ISBN: 1108285031
Category : Law
Languages : en
Pages : 397

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Book Description
Can courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.

The Oxford Handbook of Law and Politics

The Oxford Handbook of Law and Politics PDF Author: Keith E. Whittington
Publisher: Oxford University Press, USA
ISBN: 0199585571
Category : Law
Languages : en
Pages : 828

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Book Description
The Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from major international scholars, The Oxford Handbook of Law and Politics provides the key point of reference for anyone working on the interception between law and political science.

Law's Fragile State

Law's Fragile State PDF Author: Mark Fathi Massoud
Publisher: Cambridge University Press
ISBN: 1107026075
Category : Law
Languages : en
Pages : 305

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Book Description
This book uncovers how colonial administrators, postcolonial governments and international aid agencies have promoted stability and their own visions of the rule of law in Sudan.

Reflections on Uneven Democracies

Reflections on Uneven Democracies PDF Author: Daniel Brinks
Publisher: JHU Press
ISBN: 1421414619
Category : Political Science
Languages : en
Pages : 665

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Book Description
A tour-de-force analysis of the current state of democracy studies as seen through the scholarly legacy of Guillermo O’Donnell. Winner of the CHOICE Outstanding Academic Title of the Choice ACRL The third wave of democratization produced a wealth of enduring social science. Beginning in the 1970s, it prompted scholars to develop important theories on authoritarian breakdowns and transitions to democracy. No one in the field was more influential than Guillermo O’Donnell (1936–2011), whose pathbreaking work shaped the scholarship of generations of social scientists. Reflections on Uneven Democracies honors the legacy of O’Donnell’s research by advancing debates related to his work on democracy. Drawing together a veritable Who’s Who of eminent scholars—including two of O’Donnell’s closest collaborators, Philippe Schmitter and Laurence Whitehead—the volume examines issues related to democratic breakdowns and stability, the nature and quality of new democracies, institutional strength, the rule of law, and delegative democracy. This reexamination of some of the most influential arguments about democracy of the past forty years leads to original approaches and insights for a new era of democracy studies. Students of democracy and institutional performance, both Latin Americanists and comparativists more generally, will find this essential reading.

Relocating the Rule of Law

Relocating the Rule of Law PDF Author: Gianluigi Palombella
Publisher: Bloomsbury Publishing
ISBN: 1847314724
Category : Law
Languages : en
Pages : 244

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Book Description
In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.