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Democracy and the Rule of Law

Democracy and the Rule of Law
Author: Adam Przeworski
Publisher: Cambridge University Press
Total Pages: 338
Release: 2003-07-21
Genre: Law
ISBN: 9780521532662

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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.


Democracies and International Law

Democracies and International Law
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 349
Release: 2021-09-30
Genre: Law
ISBN: 110891022X

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Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism.


Democracy and International Law

Democracy and International Law
Author: Gregory H. Fox
Publisher:
Total Pages: 944
Release: 2020
Genre: Democracy
ISBN: 9781788114745

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At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.


Rule of Law Dynamics

Rule of Law Dynamics
Author: Michael Zurn
Publisher: Cambridge University Press
Total Pages: 401
Release: 2012-06-18
Genre: Law
ISBN: 1139510975

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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).


Democracy and the International Rule of Law

Democracy and the International Rule of Law
Author: Hans Köchler
Publisher: Springer
Total Pages: 190
Release: 1995
Genre: Law
ISBN:

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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.


Democratic Governance and International Law

Democratic Governance and International Law
Author: Gregory H. Fox
Publisher: Cambridge University Press
Total Pages: 604
Release: 2000-05-11
Genre: Law
ISBN: 9780521667968

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PART V CRITICAL APPROACHES.


Promoting the Rule of Law Abroad

Promoting the Rule of Law Abroad
Author: Thomas Carothers
Publisher: Brookings Institution Press
Total Pages: 384
Release: 2010-03-01
Genre: Law
ISBN: 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).


Advancing the Rule of Law Abroad

Advancing the Rule of Law Abroad
Author: Rachel Kleinfeld
Publisher: Brookings Institution Press
Total Pages: 296
Release: 2012-11-28
Genre: Political Science
ISBN: 0870032666

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In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.


Rule of Law and Democracy

Rule of Law and Democracy
Author: Leonardo Morlino
Publisher: BRILL
Total Pages: 228
Release: 2010
Genre: Social Science
ISBN: 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.


Democracy in International Law

Democracy in International Law
Author: James Crawford
Publisher: Cambridge University Press
Total Pages: 48
Release: 1994-04-28
Genre: Law
ISBN: 9780521468350

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Professor Crawford's inaugural lecture as Whewell Professor of International Law at Cambridge addresses a number of facets of the relationship between international law and democratic principles. In particular he examines the ways in which international law may or may not underwrite those principles, a subject which has increased greatly in significance as governments and international organisations search for a 'New World Order' in the post Cold War world.