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Democratic Governance and the Rule of Law by Gabriel Marcella Pdf
The 2009 Failed States Index identifies many nations as being in danger of becoming failed states--in fact, two-thirds of the world's states are critical, borderline, or in danger of becoming just that. Failed states do not possess the necessary conditions to have truly sovereign governments that meet the needs of their populations. Colombia garnered a rating of 89 on the 2009 Failed States Index, just below that of Kyrgyzstan. It has experienced conflict for decades and as the author observed, was a 'paradigm for a failing state' in that it was replete with terrorism, kidnapping, murder, corruption, and general lawlessness. But today it is much safer through the imposition of the Rule of Law. The author addresses the rule of law and its impact on Colombia.--Publisher description.
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.
Rule of Law Dynamics by Michael Zurn,Andre Nollkaemper,Randy Peerenboom Pdf
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).
The Law of Democratic Governing: Jurisprudence by Gregory Tardi Pdf
"The Law of Democratic Governing - Principles" explores the rule of law, and the workings of democratic governance, from a perspective that is both scholarly and practical. By examining the complex interactions between law, policy and politics, the author illuminates the structure of Canadian government and in particular, the influence of law on the conduct of public affairs in Canada and elsewhere. The companion volume, "The law of Democratic Governing - Jurisprudence", complements the analysis by setting forth carefully selected case studies - including court judgments, rulings by the Speaker of the House of Commons, and other binding decisions dealing with matters of governing - to further examine the role of law in the democratic conduct of public affairs. Focusing on Canada, but drawing on material from other democratic jurisdictions, the case studies explore issues as diverse as the evolving nature of the concept of democracy, the question of the rule of law versus administrative efficiency, and the functions of lawyers in government.
Democratic Governance, Law, and Development in Africa by Maame Efua Addadzi-Koom,Michael Addaney,Lydia A. Nkansah Pdf
This volume analyses democratic governance, the rule of law and development in Africa. It is unique and timely. First, the theme and sub-themes were carefully selected to solicit quality chapters from academics, practitioners and graduate students on topical and contemporary issues in constitutional law, human rights, and democratic governance in Africa. The chapters were subjected to a single-blind peer review by experts and scholars in the relevant fields to ensure that high quality submissions are included. Due to the dearth of knowledge and studies on the chosen thematic areas, the publication will remain relevant after several years due to the timeless themes it covers. In this regard, this edited volume audits the progress of democratic consolidation, rule of law and development in Ghana with selected case studies from other African countries. This book is intended for higher education institutions (universities, institutes and centres), public libraries, general academics, practitioners and students of law, democracy, human rights and political science, especially those interested in African affairs.
The Law of Democratic Governing: Principles by Gregory Tardi Pdf
"The Law of Democratic Governing - Principles" explores the rule of law, and the workings of democratic governance, from a perspective that is both scholarly and practical. By examining the complex interactions between law, policy and politics, the author illuminates the structure of Canadian government and in particular, the influence of law on the conduct of public affairs in Canada and elsewhere. The companion volume, "The law of Democratic Governing - Jurisprudence", complements the analysis by setting forth carefully selected case studies - including court judgments, rulings by the Speaker of the House of Commons, and other binding decisions dealing with matters of governing - to further examine the role of law in the democratic conduct of public affairs. Focusing on Canada, but drawing on material from other democratic jurisdictions, the case studies explore issues as diverse as the evolving nature of the concept of democracy, the question of the rule of law versus administrative efficiency, and the functions of lawyers in government.
Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. Concerning adjudication, Schuck analyzes the courts’ efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law’s limits and possibilities for improving democratic governance.
Democratic Governance and the Rule of Law by Gabriel Marcella Pdf
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by Anneli Albi,Samo Bardutzky Pdf
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Author : U.s. Agency for International Development Publisher : CreateSpace Page : 66 pages File Size : 48,8 Mb Release : 2013-10-03 Category : Political Science ISBN : 1492892521
Guide to Rule of Law Country Analysis by U.s. Agency for International Development Pdf
The purpose of the Guide to Rule of Law Country Analysis is to assist USAID Democracy and Governance (DG) officers in conducting a rule of law assessment and designing rule of law programs that have a direct impact on democratic development. There is a special focus on empowering poor and vulnerable groups and promoting economic development and security. Within USAID's DG assessment framework, five elements comprise democracy: rule of law; consensus; competition; inclusion; and good governance. This Guide presents a strategic framework for conceptualizing the rule of law, analyzing a country's strengths and weaknesses with regard to rule of law, and designing strategic programs to address rule of law challenges. It will help DG officers maximize the impact of rule of law programs on democracy and governance strategic objectives. The Guide reflects the understanding that the justice sector is part of the larger political context. Effective rule of law programming may need to look beyond traditional approaches that focus on operations of the courts and other components of the justice system. When the goal is democratic governance, the analysis that informs rule of law program decisions must be broad and comprehensive, and programming must reflect a holistic appreciation of country dynamics.
The Rule of Law and the Separation of Powers by Richard Bellamy Pdf
The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.
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.
Governance and Democracy in the Asia-Pacific by Stephen McCarthy,Mark R. Thompson Pdf
This book explores the theoretical and empirical relationship between democracy and governance in the Asia-Pacific region. Examining a variety of country cases and themes addressing the theoretical tension between governance and democracy, it illuminates how this impacts political and civil societies across the region. Analysing the character, structure and current trajectories of polities in the Asia-Pacific, democratic or otherwise, this book demonstrates that the role of civil society, political society and governance has significantly differed in practice from what has been commonly assumed within the international community. The book includes both theoretical investigations tracing the modern development of the concepts of governance, development and democratization as well as regional and country-specific observations of major issues, presenting comprehensive country-level studies of China, Singapore, Thailand, Cambodia, the Philippines, Myanmar, Fiji and the Solomon Islands. Presenting fascinating insight into non-democratic governance, civil society and the rule of law in illiberal contexts, Governance and Democracy in the Asia-Pacific will prove to be of great use to students and scholars of Asian politics and society, as well as international and comparative politics.
Governance and Constitutionalism by Bogdan Iancu,Elena Simina Tănăsescu Pdf
This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or ‘independent agencies’ as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission. The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, ‘agentification’ as a result of internationalisation, and ‘agentification’ as a reflex and consequence of transnational polity-building within the EU.
