The Rule of Law in Nascent Democracies

The Rule of Law in Nascent Democracies PDF

Author: Rebecca Bill Chavez

Publisher: Stanford University Press

Published: 2004

Total Pages: 284

ISBN-13: 9780804748124

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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.

Courts and Democracies in Asia

Courts and Democracies in Asia PDF

Author: Po Jen Yap

Publisher: Cambridge University Press

Published: 2017-09-28

Total Pages: 251

ISBN-13: 1107192625

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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.

Rule of Law and Constitution Building

Rule of Law and Constitution Building PDF

Author: International Idea IDEA

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9789187729638

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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.

Freedom in the World 2018

Freedom in the World 2018 PDF

Author: Freedom House

Publisher: Rowman & Littlefield

Published: 2019-01-31

Total Pages: 1040

ISBN-13: 1538112035

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Freedom in the World is the standard-setting comparative assessment of global political rights and civil liberties. The methodology of this survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories.

The Oxford Handbook of Law and Politics

The Oxford Handbook of Law and Politics PDF

Author: Keith E. Whittington

Publisher: Oxford University Press, USA

Published: 2010-06-10

Total Pages: 828

ISBN-13: 0199585571

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The Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from major international scholars, The Oxford Handbook of Law and Politics provides the key point of reference for anyone working on the interception between law and political science.

The Failure of Democratic Nation Building: Ideology Meets Evolution

The Failure of Democratic Nation Building: Ideology Meets Evolution PDF

Author: A. Somit

Publisher: Springer

Published: 2005-11-26

Total Pages: 159

ISBN-13: 1403978425

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Throughout history authoritarian governments have outnumbered democratic ones to an overwhelming degree. Even today, true democracies are an exception. In this book, Somit and Peterson argue that the main reason for this pattern is that humans are social primates with an innate tendency for hierarchical and authoritarian social and political structures. Democracy requires very special 'enabling conditions' before it can be supported by a state, conditions that require decades to evolve. As a result, attempts to export democracy through nation-building to states without these enabling conditions are doomed to failure. The authors argue that money and energy devoted to nation-building around the globe by the U.S. would be better spent on problems facing the country domestically.

Theatre of the Rule of Law

Theatre of the Rule of Law PDF

Author: Stephen Humphreys

Publisher: Cambridge University Press

Published: 2010-11-11

Total Pages: 333

ISBN-13: 113949533X

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Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

Political Order and Political Decay

Political Order and Political Decay PDF

Author: Francis Fukuyama

Publisher: Farrar, Straus and Giroux

Published: 2014-09-30

Total Pages: 672

ISBN-13: 1429944323

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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.

The Rule of Law in Afghanistan

The Rule of Law in Afghanistan PDF

Author: Whit Mason

Publisher: Cambridge University Press

Published: 2011-04-14

Total Pages: 367

ISBN-13: 1139495526

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How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.