The Rule of Law in Nascent Democracies

The Rule of Law in Nascent Democracies

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

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.


Freedom in the World 2018

Freedom in the World 2018

Author: Freedom House

Publisher: Rowman & Littlefield

Published: 2019-01-31

Total Pages: 1265

ISBN-13: 1538112035

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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.


Rule of Law and Constitution Building

Rule of Law and Constitution Building

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.


The Decline and Rise of Democracy

The Decline and Rise of Democracy

Author: David Stasavage

Publisher: Princeton University Press

Published: 2020-06-02

Total Pages: 424

ISBN-13: 0691201951

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"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.


Political Order and Political Decay

Political Order and Political Decay

Author: Francis Fukuyama

Publisher: Farrar, Straus and Giroux

Published: 2014-09-30

Total Pages: 673

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.


Getting to the Rule of Law

Getting to the Rule of Law

Author: James E. Fleming

Publisher: NYU Press

Published: 2011-09-01

Total Pages: 310

ISBN-13: 0814728448

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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.


Rule of Law and Democracy

Rule of Law and Democracy

Author: Leonardo Morlino

Publisher: BRILL

Published: 2010

Total Pages: 228

ISBN-13: 9004181695

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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.


EU Law in Populist Times

EU Law in Populist Times

Author: Francesca Bignami

Publisher: Cambridge University Press

Published: 2020-01-02

Total Pages: 611

ISBN-13: 1108485081

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A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.