Between Democracy And Law

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Democracy and the Rule of Law

Adam Przeworski,José María Maravall
Democracy and the Rule of Law Book PDF

Author : Adam Przeworski,José María Maravall
Publisher : Cambridge University Press
Page : 338 pages
File Size : 53,8 Mb
Release : 2003-07-21
Category : Law
ISBN : 0521532663

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Democracy and the Rule of Law by Adam Przeworski,José María Maravall Pdf

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.

Between Democracy and Law

Carlos Closa,Costanza Margiotta,Giuseppe Martinico
Between Democracy and Law Book PDF

Author : Carlos Closa,Costanza Margiotta,Giuseppe Martinico
Publisher : Routledge
Page : 178 pages
File Size : 42,8 Mb
Release : 2019-09-30
Category : Law
ISBN : 9780429626807

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Between Democracy and Law by Carlos Closa,Costanza Margiotta,Giuseppe Martinico Pdf

This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).

Rule of Law and Democracy

Leonardo Morlino,Gianluigi Palombella
Rule of Law and Democracy Book PDF

Author : Leonardo Morlino,Gianluigi Palombella
Publisher : BRILL
Page : 228 pages
File Size : 44,7 Mb
Release : 2010
Category : Social Science
ISBN : 9789004181694

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Rule of Law and Democracy by Leonardo Morlino,Gianluigi Palombella Pdf

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.

Spreading Democracy and the Rule of Law?

Wojciech Sadurski,Adam Czarnota,Martin Krygier
Spreading Democracy and the Rule of Law Book PDF

Author : Wojciech Sadurski,Adam Czarnota,Martin Krygier
Publisher : Springer Science & Business Media
Page : 390 pages
File Size : 51,6 Mb
Release : 2006-07-30
Category : Law
ISBN : 9781402038426

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Spreading Democracy and the Rule of Law? by Wojciech Sadurski,Adam Czarnota,Martin Krygier Pdf

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?

The Legal Limits of Direct Democracy

Moeckli, Daniel,Forgács, Anna,Ibi, Henri
The Legal Limits of Direct Democracy Book PDF

Author : Moeckli, Daniel,Forgács, Anna,Ibi, Henri
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 53,7 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781800372801

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The Legal Limits of Direct Democracy by Moeckli, Daniel,Forgács, Anna,Ibi, Henri Pdf

With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.

Democracy and Constitutions

Allan C. Hutchinson
Democracy and Constitutions Book PDF

Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 54,5 Mb
Release : 2021
Category : Constitutional law
ISBN : 9781487507930

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Democracy and Constitutions by Allan C. Hutchinson Pdf

Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

Democratic Governance and International Law

Gregory H. Fox,Brad R. Roth
Democratic Governance and International Law Book PDF

Author : Gregory H. Fox,Brad R. Roth
Publisher : Cambridge University Press
Page : 604 pages
File Size : 48,5 Mb
Release : 2000-05-11
Category : Law
ISBN : 0521667968

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Democratic Governance and International Law by Gregory H. Fox,Brad R. Roth Pdf

PART V CRITICAL APPROACHES.

Law and Democracy

Glenn Patmore,Kim Rubenstein
Law and Democracy Book PDF

Author : Glenn Patmore,Kim Rubenstein
Publisher : ANU Press
Page : 183 pages
File Size : 54,5 Mb
Release : 2014-12-24
Category : Law
ISBN : 9781925022063

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Law and Democracy by Glenn Patmore,Kim Rubenstein Pdf

Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.

Law, Democracy and the European Court of Human Rights

Rory O'Connell
Law Democracy and the European Court of Human Rights Book PDF

Author : Rory O'Connell
Publisher : Cambridge University Press
Page : 321 pages
File Size : 46,9 Mb
Release : 2020-11-05
Category : Law
ISBN : 9781107035072

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Law, Democracy and the European Court of Human Rights by Rory O'Connell Pdf

Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

The Quality of Democracy

Guillermo O'Donnell,Jorge Vargas Cullell,Osvaldo M. Iazzetta
The Quality of Democracy Book PDF

Author : Guillermo O'Donnell,Jorge Vargas Cullell,Osvaldo M. Iazzetta
Publisher : University of Notre Dame Pess
Page : 281 pages
File Size : 46,7 Mb
Release : 2016-12-15
Category : Political Science
ISBN : 9780268160678

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The Quality of Democracy by Guillermo O'Donnell,Jorge Vargas Cullell,Osvaldo M. Iazzetta Pdf

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.

The Law of Deliberative Democracy

Ron Levy,Graeme Orr
The Law of Deliberative Democracy Book PDF

Author : Ron Levy,Graeme Orr
Publisher : Routledge
Page : 271 pages
File Size : 48,7 Mb
Release : 2016-11-03
Category : Law
ISBN : 9781134502066

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The Law of Deliberative Democracy by Ron Levy,Graeme Orr Pdf

Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.

Democracies and International Law

Tom Ginsburg
Democracies and International Law Book PDF

Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 349 pages
File Size : 45,8 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781108843133

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Democracies and International Law by Tom Ginsburg Pdf

Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.

Militant Democracy

András Sajó,Lorri Rutt Bentch
Militant Democracy Book PDF

Author : András Sajó,Lorri Rutt Bentch
Publisher : Eleven International Publishing
Page : 271 pages
File Size : 50,7 Mb
Release : 2004
Category : Civil rights
ISBN : 9789077596043

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Militant Democracy by András Sajó,Lorri Rutt Bentch Pdf

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Democracy and International Law

Gregory H. Fox,Brad R. Roth
Democracy and International Law Book PDF

Author : Gregory H. Fox,Brad R. Roth
Publisher : Unknown
Page : 944 pages
File Size : 43,9 Mb
Release : 2020
Category : Democracy
ISBN : 1788114744

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Democracy and International Law by Gregory H. Fox,Brad R. Roth Pdf

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.

The Sociology of Law and the Global Transformation of Democracy

Chris Thornhill
The Sociology of Law and the Global Transformation of Democracy Book PDF

Author : Chris Thornhill
Publisher : Cambridge University Press
Page : 599 pages
File Size : 40,8 Mb
Release : 2018-06-21
Category : Law
ISBN : 9781107199903

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The Sociology of Law and the Global Transformation of Democracy by Chris Thornhill Pdf

Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.