Democracy And The Rule Of Law

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Democracy and the Rule of Law

Author : Adam Przeworski
Publisher : Cambridge University Press
ISBN 13 : 9780521532662
Total Pages : 338 pages
Book Rating : 4.5/5 (326 download)

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Book Synopsis Democracy and the Rule of Law by : Adam Przeworski

Download or read book Democracy and the Rule of Law written by Adam Przeworski and published by Cambridge University Press. This book was released on 2003-07-21 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes rule-of-law as an institutional equilibrium from rule-by-law is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

The Quality of Democracy

Author : Guillermo O'Donnell
Publisher : University of Notre Dame Pess
ISBN 13 : 0268160678
Total Pages : 281 pages
Book Rating : 4.2/5 (681 download)

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Book Synopsis The Quality of Democracy by : Guillermo O'Donnell

Download or read book The Quality of Democracy written by Guillermo O'Donnell and published by University of Notre Dame Pess. This book was released on 2016-12-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1996, Guillermo O’Donnell taught a seminar at the University of Notre Dame on democratic theory. One of the questions explored in this class was whether it is possible to define and determine the “quality” of democracy. Jorge Vargas Cullell, a student in this course, returned to his native country of Costa Rica, formed a small research team, and secured funding for undertaking a “citizen audit” of the quality of democracy in Costa Rica. This pathbreaking volume contains O’Donnell’s qualitative theoretical study of the quality of democracy and Vargas Cullell’s description and analysis of the empirical data he gathered on the quality of democracy in Costa Rica. It also includes twelve short, scholarly reflections on the O’Donnell and Cullell essays. The primary goal of this collection is to present the rationale and methodology for implementing a citizen audit of democracy. This book is an expression of a growing concern among policy experts and academics that the recent emergence of numerous democratic regimes, particularly in Latin America, cannot conceal the sobering fact that the efficacy and impact of these new governments vary widely. These variations, which range from acceptable to dismal, have serious consequences for the people of Latin America, many of whom have received few if any benefits from democratization. Attempts to gauge the quality of particular democracies are therefore not only fascinating intellectual exercises but may also be useful practical guides for improving both old and new democracies. This book will make important strides in addressing the increasing practical and academic concerns about the quality of democracy. It will be required reading for political scientists, policy analysts, and Latin Americanists.

Rule of Law and Democracy

Author : Leonardo Morlino
Publisher : BRILL
ISBN 13 : 9004181695
Total Pages : 228 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Rule of Law and Democracy by : Leonardo Morlino

Download or read book Rule of Law and Democracy written by Leonardo Morlino and published by BRILL. This book was released on 2010 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a reappraisal of rule of law and democracy the contributors provide for a fresh set of inquiries, from the State, consolidated and transitional democracies, to interstate, European and global scenarios. They converge in tackling empirical and normative questions, and suggest further connections between rule of law and democracy.

Transitional Justice and the Rule of Law in New Democracies

Author : A. James McAdams
Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis Transitional Justice and the Rule of Law in New Democracies by : A. James McAdams

Download or read book Transitional Justice and the Rule of Law in New Democracies written by A. James McAdams and published by . This book was released on 1997 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.

Spreading Democracy and the Rule of Law?

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
ISBN 13 : 1402038429
Total Pages : 390 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Spreading Democracy and the Rule of Law? by : Wojciech Sadurski

Download or read book Spreading Democracy and the Rule of Law? written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2006-07-30 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

No Rule of Law, No Democracy

Author : Cristina Nicolescu-Waggonner
Publisher : State University of New York Press
ISBN 13 : 1438462654
Total Pages : 316 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis No Rule of Law, No Democracy by : Cristina Nicolescu-Waggonner

Download or read book No Rule of Law, No Democracy written by Cristina Nicolescu-Waggonner and published by State University of New York Press. This book was released on 2016-11-10 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that new democracies face consolidation challenges due to campaign finance corruption and the unwillingness of politicians to reform rule of law enforcement. Mainstream theories assert that democracy cures corruption. In market economies, however, elections are expensive and parties, with ever-thinning memberships, cannot legally acquire the necessary campaign funds. In order to secure electoral funds, a large number of politicians misappropriate public funds. Due to the illicit character of these transactions, high officials with conflicts of interest prefer to leave anticorruption enforcement mechanisms unreformed and reserve the right to intervene in the judicial process, with dire consequences for the rule of law. In No Rule of Law, No Democracy, Cristina Nicolescu-Waggonner demonstrates that when corrupt politicians are in power—true of nearly all new democracies—they will protect their office and fail to implement rule of law reforms. Consequently, these polities never reach a point where democracy could and would cure corruption. This dysfunction is tested in one hundred cases over sixteen years with significant results. In the case of the Czech Republic, for example, which is regarded as a consolidated democracy, there is systematic corruption, misappropriation of state funds, an unreformed judiciary, and arbitrary application of law. The only solution is a powerful, independent, well-funded anticorruption agency. Romania, one of the most corrupt countries in Europe, established, at the European Union’s request, powerful anticorruption bodies and punished corrupt leaders, which created the predictability of enforcement. It is the certainty of punishment that curtails corruption and establishes true rule of law. Cristina Nicolescu-Waggonner is Visiting Assistant Professor of Political Science at Pomona College.

The Rule of Law in Nascent Democracies

Author : Rebecca Bill Chavez
Publisher : Stanford University Press
ISBN 13 : 9780804748124
Total Pages : 284 pages
Book Rating : 4.7/5 (481 download)

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Book Synopsis The Rule of Law in Nascent Democracies by : Rebecca Bill Chavez

Download or read book The Rule of Law in Nascent Democracies written by Rebecca Bill Chavez and published by Stanford University Press. This book was released on 2004 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judicial Activism and the Democratic Rule of Law

Author : Sonja C. Grover
Publisher : Springer Nature
ISBN 13 : 3030350851
Total Pages : 283 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Judicial Activism and the Democratic Rule of Law by : Sonja C. Grover

Download or read book Judicial Activism and the Democratic Rule of Law written by Sonja C. Grover and published by Springer Nature. This book was released on 2020-02-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

Enforcing the Rule of Law

Author : Enrique Peruzzotti
Publisher : University of Pittsburgh Pre
ISBN 13 : 0822972883
Total Pages : 378 pages
Book Rating : 4.8/5 (229 download)

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Book Synopsis Enforcing the Rule of Law by : Enrique Peruzzotti

Download or read book Enforcing the Rule of Law written by Enrique Peruzzotti and published by University of Pittsburgh Pre. This book was released on 2006-04-07 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling account of how civic and media-based initiatives have successfully fought for greater governmental accountability in the emerging democracies of Latin America.

Democracy and the Rule of Law

Author : Bob Fine
Publisher :
ISBN 13 : 9781930665651
Total Pages : 231 pages
Book Rating : 4.6/5 (656 download)

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Book Synopsis Democracy and the Rule of Law by : Bob Fine

Download or read book Democracy and the Rule of Law written by Bob Fine and published by . This book was released on 1984 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking work, Professor Fine explores afresh the relationship between jurisprudence, Marx, and Marxism. Originally published in 1984, this book contains a new Preface relating the original text to current political and intellectual debates. (Legal Reference)

The Rule of Law in Action in Democratic Athens

Author : Edward M. Harris
Publisher : Oxford University Press
ISBN 13 : 0199899169
Total Pages : 488 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Rule of Law in Action in Democratic Athens by : Edward M. Harris

Download or read book The Rule of Law in Action in Democratic Athens written by Edward M. Harris and published by Oxford University Press. This book was released on 2013-09 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law in Action in Democratic Athens is the first extensive study of the importance of the rule of law in Athenian democracy.

Democracy and the Rule of Law in China

Author : Keping Yu
Publisher : BRILL
ISBN 13 : 9004190317
Total Pages : 311 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Democracy and the Rule of Law in China by : Keping Yu

Download or read book Democracy and the Rule of Law in China written by Keping Yu and published by BRILL. This book was released on 2010-05-20 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy and the Rule of Law in China is intended to make available to English-language readers debates among prominent Chinese intellectuals and academics over issues of political, constitutional, and legal reform; modes of governance in urban and rural China; and culture and cultural policy. The writers included in this book are individuals whose views have drawn some attention in the formulation of party and government policy, including the editor, Yu Keping, a prominent party intellectual, vice-director of the Central Compilation and Translation Bureau.

Rule of Law Dynamics

Author : Michael Zurn
Publisher : Cambridge University Press
ISBN 13 : 1139510975
Total Pages : pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Rule of Law Dynamics by : Michael Zurn

Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Habermas on Law and Democracy

Author : Michel Rosenfeld
Publisher : Univ of California Press
ISBN 13 : 0520917618
Total Pages : 488 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Habermas on Law and Democracy by : Michel Rosenfeld

Download or read book Habermas on Law and Democracy written by Michel Rosenfeld and published by Univ of California Press. This book was released on 2023-12-22 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors—internationally prominent scholars in the fields of law, philosophy, and social theory—includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in Between Facts and Norms. This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age. These provocative, in-depth debates between Jürgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published Between Facts and Norms. Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.

Authoritarian Legality in Asia

Author : Weitseng Chen
Publisher : Cambridge University Press
ISBN 13 : 1108496687
Total Pages : 409 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Authoritarian Legality in Asia by : Weitseng Chen

Download or read book Authoritarian Legality in Asia written by Weitseng Chen and published by Cambridge University Press. This book was released on 2020-07-16 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.

Democracy and the Rule of Law in Classical Athens

Author : Edward M. Harris
Publisher : Cambridge University Press
ISBN 13 : 113945689X
Total Pages : 21 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Democracy and the Rule of Law in Classical Athens by : Edward M. Harris

Download or read book Democracy and the Rule of Law in Classical Athens written by Edward M. Harris and published by Cambridge University Press. This book was released on 2006-04-17 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together essays on Athenian law by Edward M. Harris, who challenges much of the recent scholarship on this topic. Presenting a balanced analysis of the legal system in ancient Athens, Harris stresses the importance of substantive issues and their contribution to our understanding of different types of legal procedures. He combines careful philological analysis with close attention to the political and social contexts of individual statutes. Collectively, the essays in this volume demonstrate the relationship between law and politics, the nature of the economy, the position of women, and the role of the legal system in Athenian society. They also show that the Athenians were more sophisticated in their approach to legal issues than has been assumed in the modern scholarship on this topic.

International Actors, Democratization and the Rule of Law

Author : Amichai Magen
Publisher : Routledge
ISBN 13 : 1134058144
Total Pages : 309 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis International Actors, Democratization and the Rule of Law by : Amichai Magen

Download or read book International Actors, Democratization and the Rule of Law written by Amichai Magen and published by Routledge. This book was released on 2008-07-25 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do external factors facilitate or hamper domestic democratic development? Do international actors influence the development of greater civil and political freedom, democratic accountability, equality, responsiveness and the rule of law in domestic systems? How should we conceptualize, identify and evaluate the extent and nature of international influence? These are some of the complex questions that this volume approaches. Using new theoretical insights and empirical data, the contributors develop a model to analyze the transitional processes of Romania, Turkey, Serbia and Ukraine. In developing this argument, the book examines: the adoption, implementation and internalization of the rule of law the rule of law as a central dimension of liberal and substantive democracy the interaction between external and domestic structures and agents Offering a different stance from most of the current literature on the subject, International Actors, Democratization and the Rule of Law makes an important contribution to our knowledge of the international dimensions of democratization. This book will be of importance to scholars, students and policy-makers with an interest in the rule of law, international relations theory and comparative politics.