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Democratic Governance And The Rule Of Law
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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 401 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).
Book Synopsis Effective Governance Under Anarchy by : Tanja A. Börzel
Download or read book Effective Governance Under Anarchy written by Tanja A. Börzel and published by Cambridge University Press. This book was released on 2021-04-08 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.
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.
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 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports of scandal and corruption have led to the downfall of numerous political leaders in Latin America in recent years. What conditions have developed that allow for the exposure of wrongdoing and the accountability of leaders? Enforcing the Rule of Law examines how elected officials in Latin American democracies have come under scrutiny from new forms of political control, and how these social accountability mechanisms have been successful in counteracting corruption and the limitations of established institutions. This volume reveals how legal claims, media interventions, civic organizations, citizen committees, electoral observation panels, and other watchdog groups have become effective tools for monitoring political authorities. Their actions have been instrumental in exposing government crime, bringing new issues to the public agenda, and influencing or even reversing policy decisions. Enforcing the Rule of Law presents compelling accounts of the emergence of civic action movements and their increasing political influence in Latin America, and sheds new light on the state of democracy in the region.
Book Synopsis The Constitution of Equality by : Thomas Christiano
Download or read book The Constitution of Equality written by Thomas Christiano and published by OUP Oxford. This book was released on 2010-06-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
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.
Book Synopsis Democracy and International Law by : Gregory H. Fox
Download or read book Democracy and International Law written by Gregory H. Fox and published by . This book was released on 2020 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.
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 505 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.
Book Synopsis Legitimacy by : Arthur Isak Applbaum
Download or read book Legitimacy written by Arthur Isak Applbaum and published by Harvard University Press. This book was released on 2019-11-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
Book Synopsis Rule of Law and Constitution Building by : International Idea IDEA
Download or read book Rule of Law and Constitution Building written by International Idea IDEA and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Oxford Handbook of Governance and Limited Statehood by : Thomas Risse
Download or read book The Oxford Handbook of Governance and Limited Statehood written by Thomas Risse and published by Oxford University Press. This book was released on 2018 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unpacking the major debates, this Oxford Handbook brings together leading authors of the field to provide a state-of-the-art guide to governance in areas of limited statehood where state authorities lack the capacity to implement and enforce central decision and/or to uphold the monopoly over the means of violence. While areas of limited statehood can be found everywhere - not just in the global South -, they are neither ungoverned nor ungovernable. Rather, a variety of actors maintain public order and safety, as well as provide public goods and services. While external state 'governors' and their interventions in the global South have received special scholarly attention, various non-state actors - from NGOs to business to violent armed groups - have emerged that also engage in governance. This evidence holds for diverse policy fields and historical cases. The Handbook gives a comprehensive picture of the varieties of governance in areas of limited statehood from interdisciplinary perspectives including political science, geography, history, law, and economics. 29 chapters review the academic scholarship and explore the conditions of effective and legitimate governance in areas of limited statehood, as well as its implications for world politics in the twenty-first century. The authors examine theoretical and methodological approaches as well as historical and spatial dimensions of areas of limited statehood, and deal with the various governors as well as their modes of governance. They cover a variety of issue areas and explore the implications for the international legal order, for normative theory, and for policies toward areas of limited statehood.
Book Synopsis How to Save a Constitutional Democracy by : Tom Ginsburg
Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Book Synopsis Rule of Law and Areas of Limited Statehood by : Linda Hamid
Download or read book Rule of Law and Areas of Limited Statehood written by Linda Hamid and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book addresses the legal questions raised by areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between both domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein.
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Book Synopsis Rule of Law in a Free Society by : N. R. Madhava Menon
Download or read book Rule of Law in a Free Society written by N. R. Madhava Menon and published by Oxford University Press, USA. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indian democracy has long been the subject of admiration around the world. However it's only too apparent imperfections continue to be a source of acute concern to its own citizens, as well as to well wishers abroad. While clearly delineated institutions of democratic governance have beenestablished under the Constitution of India, the rule of law appears not to have taken root in the country. Inefficiency, waste, corruption, and, more recently, terrorism pose seemingly insurmountable problems for the country's democratic structure.This unique collection provides an overview of the concept and relevance of rule of law today, the institutions charged with upholding it, and the threats before it. Some of India's most distinguished citizens, drawn from the legal profession, civil service, police, and academia directly addresspublic disenchantment with the political system and offer perspectives on the challenges facing the country's constitutional institutions.Based on lectures organized by the Nehru Centre, Mumbai to reassess the rule of law experiment undertaken by the Indian republic, now sixty years old, this timely volume will interest everyone concerned about sustaining Indian democracy.
Book Synopsis Democracy by : Inter-parliamentary Union
Download or read book Democracy written by Inter-parliamentary Union and published by Inter-Parliamentary Union. This book was released on 1998 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles to realization - Cherif Bassiouni
