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The Rule Of Law In Nascent Democracies
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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.
Book Synopsis The Construction of the Rule of Law in Nascent Democracies by : Rebecca Bill Chavez
Download or read book The Construction of the Rule of Law in Nascent Democracies written by Rebecca Bill Chavez and published by . This book was released on 2001 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Courts and Democracies in Asia by : Po Jen Yap
Download or read book Courts and Democracies in Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2017-09-28 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.
Book Synopsis Judicial Deference and Democratic Governance in Nascent Democracies: Self-restraining Courts in Post-transitional South Africa, Taiwan, and Poland by : Cheng-Yi Huang
Download or read book Judicial Deference and Democratic Governance in Nascent Democracies: Self-restraining Courts in Post-transitional South Africa, Taiwan, and Poland written by Cheng-Yi Huang and published by . This book was released on 2009 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-transitional democracies usually face two contradictory needs. On the one hand, owing to political atrocity of the past, people aspire to a democratic state based on the rule of law, which can effectively constrain the executive power from abuse. On the other, the government has to rebuild a well-functioning state on the wreckage of former authoritarian regimes, which requires a potent administrative body. This conflict can be vividly and repeatedly seen in administrative cases in constitutional courts of post-transitional countries. This dissertation examines the latest development of judicial control of administrative action in three post-transitional countries: South Africa, Taiwan, and Poland. By focusing on three significant cases and the trajectories of administrative law reform in these countries, this dissertation explores three questions: Why would these courts like to defer to agencies in the post-transitional politics? When would they be willing to defer to agencies? What are the consequences of judicial self-restraint in these nascent democracies? For the first question, I argue that the courts would like to defer to agencies because the courts can play a pivotal role in the process of policymaking. By deference, the courts would not at all lose their power to agencies by deference. Indeed, they simply delegate the decisional power to agencies and can adjust and readjust the deference over the long run. As for the second question, I articulate four conditions on which the courts would be willing to defer to agencies: structural entrenchment of the rule of law, diffusion of social monitoring, a relatively long time horizon, and information deficit. Finally, drawing from the experience of Chevron deference in the United States, I elaborated a model of information elicitation to explain the logic of judicial deference. By this model, I justify the legitimacy of judicial deference on its function of information elicitation which will empower institutional agency of post-transitional governments and secure the autonomy of their citizens. These two elements will in turn facilitate democratic consolidation in nascent democracies
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 . This book was released on 2006 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This brings together essays on Athenian law by Edward 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.
Book Synopsis The Rule of Law by : Robert Paul Wolff
Download or read book The Rule of Law written by Robert Paul Wolff and published by New York : Simon and Schuster. This book was released on 1971 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Deference and Democratic Governance in Nascent Democracies by : Cheng-Yi Huang
Download or read book Judicial Deference and Democratic Governance in Nascent Democracies written by Cheng-Yi Huang and published by . This book was released on 2009 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-transitional democracies usually face two contradictory needs. On the one hand, owing to political atrocity of the past, people aspire to a democratic state based on the rule of law, which can effectively constrain the executive power from abuse. On the other, the government has to rebuild a well-functioning state on the wreckage of former authoritarian regimes, which requires a potent administrative body. This conflict can be vividly and repeatedly seen in administrative cases in constitutional courts of post-transitional countries. This dissertation examines the latest development of judicial control of administrative action in three post-transitional countries: South Africa, Taiwan, and Poland. By focusing on three significant cases and the trajectories of administrative law reform in these countries, this dissertation explores three questions: Why would these courts like to defer to agencies in the post-transitional politics? When would they be willing to defer to agencies? What are the consequences of judicial self-restraint in these nascent democracies?. For the first question, I argue that the courts would like to defer to agencies because the courts can play a pivotal role in the process of policymaking. By deference, the courts would not at all lose their power to agencies by deference. Indeed, they simply delegate the decisional power to agencies and can adjust and readjust the deference over the long run. As for the second question, I articulate four conditions on which the courts would be willing to defer to agencies: structural entrenchment of the rule of law, diffusion of social monitoring, a relatively long time horizon, and information deficit. Finally, drawing from the experience of Chevron deference in the United States, I elaborated a model of information elicitation to explain the logic of judicial deference. By this model, I justify the legitimacy of judicial deference on its function of information elicitation which will empower institutional agency of post-transitional governments and secure the autonomy of their citizens. These two elements will in turn facilitate democratic consolidation in nascent democracies.
Book Synopsis Freedom in the World 2018 by : Freedom House
Download or read book Freedom in the World 2018 written by Freedom House and published by Rowman & Littlefield. This book was released on 2019-01-31 with total page 1265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fifteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.
Book Synopsis Popular Rule, Political Excellence, Wisdom, and the Rule of Law by : Clifford Angell Bates
Download or read book Popular Rule, Political Excellence, Wisdom, and the Rule of Law written by Clifford Angell Bates and published by . This book was released on 1995 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Political Order and Political Decay by : Francis Fukuyama
Download or read book Political Order and Political Decay written by Francis Fukuyama and published by Farrar, Straus and Giroux. This book was released on 2014-09-30 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume of the bestselling landmark work on the history of the modern state Writing in The Wall Street Journal, David Gress called Francis Fukuyama's Origins of Political Order "magisterial in its learning and admirably immodest in its ambition." In The New York Times Book Review, Michael Lind described the book as "a major achievement by one of the leading public intellectuals of our time." And in The Washington Post, Gerard DeGrott exclaimed "this is a book that will be remembered. Bring on volume two." Volume two is finally here, completing the most important work of political thought in at least a generation. Taking up the essential question of how societies develop strong, impersonal, and accountable political institutions, Fukuyama follows the story from the French Revolution to the so-called Arab Spring and the deep dysfunctions of contemporary American politics. He examines the effects of corruption on governance, and why some societies have been successful at rooting it out. He explores the different legacies of colonialism in Latin America, Africa, and Asia, and offers a clear-eyed account of why some regions have thrived and developed more quickly than others. And he boldly reckons with the future of democracy in the face of a rising global middle class and entrenched political paralysis in the West. A sweeping, masterful account of the struggle to create a well-functioning modern state, Political Order and Political Decay is destined to be a classic.
Book Synopsis Getting to the Rule of Law by : James E. Fleming
Download or read book Getting to the Rule of Law written by James E. Fleming and published by NYU Press. This book was released on 2011-09-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
Book Synopsis The Oxford Handbook of Law and Politics by : Keith E. Whittington
Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by OUP Oxford. This book was released on 2010-06-10 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Book Synopsis EU Law in Populist Times by : Francesca Bignami
Download or read book EU Law in Populist Times written by Francesca Bignami and published by Cambridge University Press. This book was released on 2020-01-02 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
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.
Book Synopsis U. S. Japan Approaches to Democracy Promotion by : Larry Diamond
Download or read book U. S. Japan Approaches to Democracy Promotion written by Larry Diamond and published by . This book was released on 2017-03-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommends practical ways in which the United States and Japan can support democratic development in countries that are emerging from autocratic regimes and those that have achieved a measure of democracy, but are in danger of regressing.
Book Synopsis The Decline and Rise of Democracy by : David Stasavage
Download or read book The Decline and Rise of Democracy written by David Stasavage and published by Princeton University Press. This book was released on 2020-06-02 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One of the most important books on political regimes written in a generation."—Steven Levitsky, New York Times–bestselling author of How Democracies Die A new understanding of how and why early democracy took hold, how modern democracy evolved, and what this history teaches us about the future Historical accounts of democracy’s rise tend to focus on ancient Greece and pre-Renaissance Europe. The Decline and Rise of Democracy draws from global evidence to show that the story is much richer—democratic practices were present in many places, at many other times, from the Americas before European conquest, to ancient Mesopotamia, to precolonial Africa. Delving into the prevalence of early democracy throughout the world, David Stasavage makes the case that understanding how and where these democracies flourished—and when and why they declined—can provide crucial information not just about the history of governance, but also about the ways modern democracies work and where they could manifest in the future. Drawing from examples spanning several millennia, Stasavage first considers why states developed either democratic or autocratic styles of governance and argues that early democracy tended to develop in small places with a weak state and, counterintuitively, simple technologies. When central state institutions (such as a tax bureaucracy) were absent—as in medieval Europe—rulers needed consent from their populace to govern. When central institutions were strong—as in China or the Middle East—consent was less necessary and autocracy more likely. He then explores the transition from early to modern democracy, which first took shape in England and then the United States, illustrating that modern democracy arose as an effort to combine popular control with a strong state over a large territory. Democracy has been an experiment that has unfolded over time and across the world—and its transformation is ongoing. Amidst rising democratic anxieties, The Decline and Rise of Democracy widens the historical lens on the growth of political institutions and offers surprising lessons for all who care about governance.
Book Synopsis Routledge Handbook of Latin American Politics by : Peter Kingstone
Download or read book Routledge Handbook of Latin American Politics written by Peter Kingstone and published by Routledge. This book was released on 2013-03-05 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routeldge Handbook of Latin American Politics brings together the leading figures in the study of Latin America to present extensive empirical coverage and a cutting-edge examination of the central areas of inquiry in the region.
