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| Author | : Tom Ginsburg |
| Publisher | : Cambridge University Press |
| Total Pages | : 349 |
| Release | : 2021-09-30 |
| Genre | : Law |
| ISBN | : 1108843131 |
Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.
| Author | : Gregory H. Fox |
| Publisher | : |
| Total Pages | : 944 |
| Release | : 2020 |
| Genre | : Democracy |
| ISBN | : 9781788114745 |
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.
| Author | : Michael Zurn |
| Publisher | : Cambridge University Press |
| Total Pages | : 401 |
| Release | : 2012-06-18 |
| Genre | : Law |
| ISBN | : 1139510975 |
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).
| Author | : Adam Przeworski |
| Publisher | : Cambridge University Press |
| Total Pages | : 338 |
| Release | : 2003-07-21 |
| Genre | : Law |
| ISBN | : 9780521532662 |
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.
| Author | : Leonardo Morlino |
| Publisher | : BRILL |
| Total Pages | : 228 |
| Release | : 2010 |
| Genre | : Social Science |
| ISBN | : 9004181695 |
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.
| Author | : Gregory H. Fox |
| Publisher | : Cambridge University Press |
| Total Pages | : 604 |
| Release | : 2000-05-11 |
| Genre | : Law |
| ISBN | : 9780521667968 |
PART V CRITICAL APPROACHES.
| Author | : Thomas Carothers |
| Publisher | : Brookings Institution Press |
| Total Pages | : 384 |
| Release | : 2010-03-01 |
| Genre | : Law |
| ISBN | : 0870032925 |
"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).
| Author | : Amichai Magen |
| Publisher | : Routledge |
| Total Pages | : 309 |
| Release | : 2008-07-25 |
| Genre | : Law |
| ISBN | : 1134058144 |
Explores how external influences and international actors can help hybrid regimes, which display minimal elements of an electoral democracy, to be transformed into a quality democracy.
| Author | : Rachel Kleinfeld |
| Publisher | : Brookings Institution Press |
| Total Pages | : 296 |
| Release | : 2012-11-28 |
| Genre | : Political Science |
| ISBN | : 0870032666 |
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.
| Author | : James Crawford |
| Publisher | : Cambridge University Press |
| Total Pages | : 48 |
| Release | : 1994-04-28 |
| Genre | : Law |
| ISBN | : 9780521468350 |
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.
