Democracy Law And Governance

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Democracy, Law and Governance

Author : Professor Jacques Lenoble
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409497127
Total Pages : 283 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Democracy, Law and Governance by : Professor Jacques Lenoble

Download or read book Democracy, Law and Governance written by Professor Jacques Lenoble and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.

Democracy, Law and Governance

Author : Jacques Lenoble
Publisher : Routledge
ISBN 13 : 1317153030
Total Pages : 308 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Democracy, Law and Governance by : Jacques Lenoble

Download or read book Democracy, Law and Governance written by Jacques Lenoble and published by Routledge. This book was released on 2016-05-13 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.

Democratic Governance and International Law

Author : Gregory H. Fox
Publisher : Cambridge University Press
ISBN 13 : 9780521667968
Total Pages : 604 pages
Book Rating : 4.6/5 (679 download)

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Book Synopsis Democratic Governance and International Law by : Gregory H. Fox

Download or read book Democratic Governance and International Law written by Gregory H. Fox and published by Cambridge University Press. This book was released on 2000-05-11 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART V CRITICAL APPROACHES.

Limits Of Law

Author : Peter Schuck
Publisher : Routledge
ISBN 13 : 042996773X
Total Pages : 504 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Limits Of Law by : Peter Schuck

Download or read book Limits Of Law written by Peter Schuck and published by Routledge. This book was released on 2018-03-08 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. Concerning adjudication, Schuck analyzes the courts’ efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law’s limits and possibilities for improving democratic governance.

Democracy and Political Ignorance

Author : Ilya Somin
Publisher : Stanford University Press
ISBN 13 : 0804789312
Total Pages : 277 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Democracy and Political Ignorance by : Ilya Somin

Download or read book Democracy and Political Ignorance written by Ilya Somin and published by Stanford University Press. This book was released on 2013-10-02 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the biggest problems with modern democracy is that most of the public is usually ignorant of politics and government. Often, many people understand that their votes are unlikely to change the outcome of an election and don't see the point in learning much about politics. This may be rational, but it creates a nation of people with little political knowledge and little ability to objectively evaluate what they do know. In Democracy and Political Ignorance, Ilya Somin mines the depths of ignorance in America and reveals the extent to which it is a major problem for democracy. Somin weighs various options for solving this problem, arguing that political ignorance is best mitigated and its effects lessened by decentralizing and limiting government. Somin provocatively argues that people make better decisions when they choose what to purchase in the market or which state or local government to live under, than when they vote at the ballot box, because they have stronger incentives to acquire relevant information and to use it wisely.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Democratic Governance and the Rule of Law

Author : Gabriel Marcella
Publisher : Strategic Studies Institute
ISBN 13 : 1584874163
Total Pages : 40 pages
Book Rating : 4.5/5 (848 download)

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Book Synopsis Democratic Governance and the Rule of Law by : Gabriel Marcella

Download or read book Democratic Governance and the Rule of Law written by Gabriel Marcella and published by Strategic Studies Institute. This book was released on 2009 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2009 Failed States Index identifies many nations as being in danger of becoming failed states--in fact, two-thirds of the world's states are critical, borderline, or in danger of becoming just that. Failed states do not possess the necessary conditions to have truly sovereign governments that meet the needs of their populations. Colombia garnered a rating of 89 on the 2009 Failed States Index, just below that of Kyrgyzstan. It has experienced conflict for decades and as the author observed, was a 'paradigm for a failing state' in that it was replete with terrorism, kidnapping, murder, corruption, and general lawlessness. But today it is much safer through the imposition of the Rule of Law. The author addresses the rule of law and its impact on Colombia.--Publisher description.

A Matter of Dispute

Author : Christopher J. Peters
Publisher : Oxford University Press
ISBN 13 : 0199749957
Total Pages : 378 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis A Matter of Dispute by : Christopher J. Peters

Download or read book A Matter of Dispute written by Christopher J. Peters and published by Oxford University Press. This book was released on 2011-01-19 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.

Democracy by Decree

Author : Ross Sandler
Publisher : Yale University Press
ISBN 13 : 9780300103144
Total Pages : 292 pages
Book Rating : 4.1/5 (31 download)

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Book Synopsis Democracy by Decree by : Ross Sandler

Download or read book Democracy by Decree written by Ross Sandler and published by Yale University Press. This book was released on 2004-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to citizens are actually controlled by attorneys and judges rather than governors and mayors. In this valuable book, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programs to democratically elected—and accountable—officials. Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making through court decrees. These court regimes, they assert, impose rigid and often ancient detailed plans that can founder on reality. Newly elected officials, who may wish to alter the plans in response to the changing wishes of voters, cannot do so unless attorneys, court-appointed functionaries, and lower-echelon officials agree. The result is neither judicial government nor good government, say Sandler and Schoenbrod, and they offer practical reforms that would set governments free from this judicial stranglehold, allow courts to do their legitimate job of protecting rights, and strengthen democracy.

Global Governance and Democracy

Author : Jan Wouters
Publisher : Edward Elgar Publishing
ISBN 13 : 1781952620
Total Pages : 304 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Global Governance and Democracy by : Jan Wouters

Download or read book Global Governance and Democracy written by Jan Wouters and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization needs effective global governance. The important question of whether this governance can also become democratic is, however, the subject of a political and academic debate that began only recently. This multidisciplinary book aims to move this conversation forward by drawing insights from international relations, political theory, international law and international political economy. Focusing on global environmental, economic, security and human rights governance, it sheds new light on the democratic deficit of existing global governance structures, and proposes a number of tools to overcome it.

The Law of Democracy

Author : Samuel Issacharoff
Publisher :
ISBN 13 :
Total Pages : 1286 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Law of Democracy by : Samuel Issacharoff

Download or read book The Law of Democracy written by Samuel Issacharoff and published by . This book was released on 2002 with total page 1286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, and the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory and practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.

Human Rights, Democracy, and Legitimacy in a World of Disorder

Author : Silja Voeneky
Publisher : Cambridge University Press
ISBN 13 : 110842094X
Total Pages : 317 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Human Rights, Democracy, and Legitimacy in a World of Disorder by : Silja Voeneky

Download or read book Human Rights, Democracy, and Legitimacy in a World of Disorder written by Silja Voeneky and published by Cambridge University Press. This book was released on 2018-10-11 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines a trio of key concepts that help to stabilize states and the international order: human rights, democracy, and legitimacy.

The Law of Political Economy

Author : Poul F. Kjaer
Publisher : Cambridge University Press
ISBN 13 : 1108493114
Total Pages : 423 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Law of Political Economy by : Poul F. Kjaer

Download or read book The Law of Political Economy written by Poul F. Kjaer and published by Cambridge University Press. This book was released on 2020-04-23 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--

Government by Contract

Author : Jody Freeman
Publisher : Harvard University Press
ISBN 13 : 9780674032088
Total Pages : 550 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Government by Contract by : Jody Freeman

Download or read book Government by Contract written by Jody Freeman and published by Harvard University Press. This book was released on 2009-02-28 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values? Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.

Law and Democracy

Author : Glenn Patmore
Publisher : ANU Press
ISBN 13 : 1925022064
Total Pages : 183 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis Law and Democracy by : Glenn Patmore

Download or read book Law and Democracy written by Glenn Patmore and published by ANU Press. This book was released on 2014-12-24 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.

Open Democracy

Author : Hélène Landemore
Publisher : Princeton University Press
ISBN 13 : 0691212392
Total Pages : 272 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Open Democracy by : Hélène Landemore

Download or read book Open Democracy written by Hélène Landemore and published by Princeton University Press. This book was released on 2022-03-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the ancient Greeks, democracy meant gathering in public and debating laws set by a randomly selected assembly of several hundred citizens. To the Icelandic Vikings, democracy meant meeting every summer in a field to discuss issues until consensus was reached. Our contemporary representative democracies are very different. Modern parliaments are gated and guarded, and it seems as if only certain people are welcome. Diagnosing what is wrong with representative government and aiming to recover some of the openness of ancient democracies, Open Democracy presents a new paradigm of democracy. Supporting a fresh nonelectoral understanding of democratic representation, Hélène Landemore demonstrates that placing ordinary citizens, rather than elites, at the heart of democratic power is not only the true meaning of a government of, by, and for the people, but also feasible and, more than ever, urgently needed. -- Cover page 4.

Democratic Governance and Human Rights

Author : John Shelley
Publisher : States Academic Press
ISBN 13 : 9781639891467
Total Pages : 308 pages
Book Rating : 4.8/5 (914 download)

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Book Synopsis Democratic Governance and Human Rights by : John Shelley

Download or read book Democratic Governance and Human Rights written by John Shelley and published by States Academic Press. This book was released on 2021-11-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic governance is a system of government wherein the actions of institutions are directed by democratic norms and processes. It encompasses political pluralism, institutional accountability and democratic elections. Promotion and protection of human rights and fundamental freedoms are integral to successful democratic governance. The relationship between democracy and human rights is elaborate, interdependent and mutually important. A rights centered approach to democracy based on the rule of law is the most reliable safeguard against human rights abuses. The success of a democracy building effort will be directly influenced by the inclusive and consultative nature of the constitution making process. Human rights standards provide a broad basis for these processes. This book discusses the fundamentals as well as modern approaches of democratic governance and human rights. It studies, analyses and upholds the pillars of these practices and their utmost significance in modern times. Researchers and students in this field will be assisted by this book.