Democracy and the Rule of Law

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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.

Democratic Governance and the Rule of Law

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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.

Rule of Law Dynamics

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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).

Democratic Governance and International Law

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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.

The Quality of Democracy

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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.

Democratic Governance, Law, and Development in Africa

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Publisher : Springer Nature
ISBN 13 : 3031153979
Total Pages : 723 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Democratic Governance, Law, and Development in Africa by : Maame Efua Addadzi-Koom

Download or read book Democratic Governance, Law, and Development in Africa written by Maame Efua Addadzi-Koom and published by Springer Nature. This book was released on 2022-12-10 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses democratic governance, the rule of law and development in Africa. It is unique and timely. First, the theme and sub-themes were carefully selected to solicit quality chapters from academics, practitioners and graduate students on topical and contemporary issues in constitutional law, human rights, and democratic governance in Africa. The chapters were subjected to a single-blind peer review by experts and scholars in the relevant fields to ensure that high quality submissions are included. Due to the dearth of knowledge and studies on the chosen thematic areas, the publication will remain relevant after several years due to the timeless themes it covers. In this regard, this edited volume audits the progress of democratic consolidation, rule of law and development in Ghana with selected case studies from other African countries. This book is intended for higher education institutions (universities, institutes and centres), public libraries, general academics, practitioners and students of law, democracy, human rights and political science, especially those interested in African affairs.

Limits Of Law

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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.

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

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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.

Rule of Law and Democracy

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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.

Democracy and the Rule of Law in China

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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.

Democratic Governance and the Rule of Law

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Publisher : Scholar's Choice
ISBN 13 : 9781298046048
Total Pages : 54 pages
Book Rating : 4.0/5 (46 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 Scholar's Choice. This book was released on 2015-02-16 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Spreading Democracy and the Rule of Law?

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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?

The Oxford Handbook of Governance and Limited Statehood

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Publisher : Oxford University Press
ISBN 13 : 0198797206
Total Pages : 657 pages
Book Rating : 4.1/5 (987 download)

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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.

Guide to Rule of Law Country Analysis

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Publisher : CreateSpace
ISBN 13 : 9781492892526
Total Pages : 66 pages
Book Rating : 4.8/5 (925 download)

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Book Synopsis Guide to Rule of Law Country Analysis by : U.s. Agency for International Development

Download or read book Guide to Rule of Law Country Analysis written by U.s. Agency for International Development and published by CreateSpace. This book was released on 2013-10-03 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of the Guide to Rule of Law Country Analysis is to assist USAID Democracy and Governance (DG) officers in conducting a rule of law assessment and designing rule of law programs that have a direct impact on democratic development. There is a special focus on empowering poor and vulnerable groups and promoting economic development and security. Within USAID's DG assessment framework, five elements comprise democracy: rule of law; consensus; competition; inclusion; and good governance. This Guide presents a strategic framework for conceptualizing the rule of law, analyzing a country's strengths and weaknesses with regard to rule of law, and designing strategic programs to address rule of law challenges. It will help DG officers maximize the impact of rule of law programs on democracy and governance strategic objectives. The Guide reflects the understanding that the justice sector is part of the larger political context. Effective rule of law programming may need to look beyond traditional approaches that focus on operations of the courts and other components of the justice system. When the goal is democratic governance, the analysis that informs rule of law program decisions must be broad and comprehensive, and programming must reflect a holistic appreciation of country dynamics.

The Rule of Law in the Real World

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Publisher : Cambridge University Press
ISBN 13 : 131649554X
Total Pages : 289 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis The Rule of Law in the Real World by : Paul Gowder

Download or read book The Rule of Law in the Real World written by Paul Gowder and published by Cambridge University Press. This book was released on 2016-02-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.

Democracy, Law and Governance

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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.

Enforcing the Rule of Law

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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.