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Spreading Democracy and the Rule of Law?

Author: Wojciech Sadurski

Publisher: Springer Science & Business Media

Published: 2006-07-30

Total Pages: 385

ISBN-13: 1402038429

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?

Spreading Democracy and the Rule of Law?

Author: Wojciech Sadurski

Publisher:

Published: 2006

Total Pages: 0

ISBN-13:

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Promoting Democracy and the Rule of Law

Author: A. Magen

Publisher: Springer

Published: 2009-07-31

Total Pages: 281

ISBN-13: 0230244521

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European and American experts systematically compare U.S. and EU strategies to promote democracy around the world – from the Middle East and the Mediterranean, to Latin America, the former Soviet bloc, and Southeast Asia. In doing so, the authors debunk the pernicious myth that there exists a transatlantic divide over democracy promotion.

Promoting the Rule of Law Abroad

Author: Thomas Carothers

Publisher: Brookings Institution Press

Published: 2010-03-01

Total Pages: 384

ISBN-13: 0870032925

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"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."—SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience—in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa—to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field. Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-Hélène Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).

The Quality of Democracy

Author: Guillermo O'Donnell

Publisher: University of Notre Dame Pess

Published: 2016-12-15

Total Pages: 281

ISBN-13: 0268160678

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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.

Democracy and the Rule of Law

Author: Norman Dorsen

Publisher: CQ Press

Published: 2001-04-01

Total Pages: 0

ISBN-13: 9781568025995

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Democracy and the Rule of Law is based upon a 2000 conference, jointly sponsored by the Law Library of Congress and the New York University School of Law. It features over 40 essays exploring the crucial dynamic between the concepts of democracy and the rule of law. This book is valuable to students and scholars interested in the spread of democracy in many parts of the world. It also shows how different countries with contrasting legal traditions commonly confront major problems under their constitutions. The essays focus on significant comparative and international legal and political issues, including: Transnational justice and national sovereignty Natural resources and the environment The role of women Political status and democracy in multi-ethnic and multi-racial states Law and accountability Religion and culture. Eminent U.S. and foreign scholars and dignitaries, including judges, university professors, politicians, and high-ranking government administrators, serve as contributors.

Judicial Activism and the Democratic Rule of Law

Author: Sonja C. Grover

Publisher: Springer Nature

Published: 2020-02-17

Total Pages: 283

ISBN-13: 3030350851

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In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

Democracy and the International Rule of Law

Author: Hans Köchler

Publisher: Springer

Published: 1995

Total Pages: 190

ISBN-13:

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The publication contains a collection of research papers written during the last decade and reflects on the major changes before and after the end of the East-West conflict. The papers deal with the basic concept of democracy and its application in the international system. The author bases his theoretical approach on the Kantian concept of the autonomous subject. He relates direct democracy to this philosophical and anthropological conception of the subject as a sovereign being. He attempts to create a new (alternative) doctrine of international relations and of international law on the basis of this philosophical assumption.

The the Democratic Rule of Law on Trial

Author: SONJA. GROVER

Publisher: Routledge

Published: 2022-06-30

Total Pages: 232

ISBN-13: 9780367721817

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This book examines selected high-profile U.S. First Amendment cases occurring during the Trump era as a vehicle for exploring a possible fundamental commonality in the understanding of democratic rule of law globally. In each of these cases, the adjudicating body's analytical legal strategy is discussed in terms of how it reinforces or detracts from the democratic rule of law. It was and continues to be highly internationally anticipated as to what legal examples are being set by this established democracy when confronted by legal contests between the former Trump administration and those alleging their rights were somehow violated by the Executive of that time. Thus, the book is instructive for an international audience as to the essential role of the courts in protecting democracy through providing, where supported by the law and the facts, a remedy for the aggrieved comparatively powerless. The book will be essential reading for academics and researchers working in the areas of Constitutional Law, Politics and Human Rights.

Democracy Rules

Author: Jan-Werner Müller

Publisher: Farrar, Straus and Giroux

Published: 2021-07-06

Total Pages: 129

ISBN-13: 0374720711

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A much-anticipated guide to saving democracy, from one of our most essential political thinkers. Everyone knows that democracy is in trouble, but do we know what democracy actually is? Jan-Werner Müller, author of the widely translated and acclaimed What Is Populism?, takes us back to basics in Democracy Rules. In this short, elegant volume, he explains how democracy is founded not just on liberty and equality, but also on uncertainty. The latter will sound unattractive at a time when the pandemic has created unbearable uncertainty for so many. But it is crucial for ensuring democracy’s dynamic and creative character, which remains one of its signal advantages over authoritarian alternatives that seek to render politics (and individual citizens) completely predictable. Müller shows that we need to re-invigorate the intermediary institutions that have been deemed essential for democracy’s success ever since the nineteenth century: political parties and free media. Contrary to conventional wisdom, these are not spent forces in a supposed age of post-party populist leadership and post-truth. Müller suggests concretely how democracy’s critical infrastructure of intermediary institutions could be renovated, re-empowering citizens while also preserving a place for professionals such as journalists and judges. These institutions are also indispensable for negotiating a democratic social contract that reverses the secession of plutocrats and the poorest from a common political world.