Download Free The Construction Of The Rule Of Law In Nascent Democracies Book in PDF and EPUB Free Download. You can read online The Construction Of The Rule Of Law In Nascent Democracies and write the review.

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.
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 study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
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, 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.
From the racially segregated 'Jim Crow' US South to the many electoral but hardly democratic local regimes in Argentina and other federal democracies, the political rights of citizens around the world are often curtailed by powerful subnational rulers. Hybrid Regimes within Democracies presents the first comprehensive study of democracy and authoritarianism in all the subnational units of a federation. The book focuses on Argentina, but also contains a comparative chapter that considers seven other federations including Germany, Mexico, and the United States. The in-depth and multidimensional description of subnational regimes in all Argentine provinces is complemented with an innovative explanation for the large differences between those that are democratic and those that are 'hybrid' - complex combinations of democratic and authoritarian elements. Putting forward and testing an original theory of subnational democracy, Gervasoni extends the rentier-state explanatory logic from resource rents to the more general concept of 'fiscal rents', including 'fiscal federalism rents', and from the national to the subnational level.
How should democracies balance the hopes and constraints of their societies with the architecture of their constitutions and institutions to secure freedom, promote citizenship, and foster prosperity? In The Construction of Democracy, leading scholars from seven different countries—and key decision makers from eight—come together to analyze the dimensions of democratic design and draw not only practical but feasible recommendations. Here citizens, politicians, and government officials offer valuable insight into the craft of politics with real examples of success and failures from some of the leading policy makers of our time—including the president of Portugal, former presidents of Brazil and Colombia, and a former prime minister of India. Drawing on the work of the Club of Madrid's Conference on Democratic Transition and Consolidation, the contributors discuss building and sustaining a contemporary democratic state, strengthening pluralism and public participation, designing effective constitutions, confronting economic challenges for new democracies, and controlling corruption. In a rare instance where the expertise of practical-minded scholars is melded with the experience of thoughtful policy makers, this volume offers much-needed insight to others seeking sensible and effective solutions. Contributors: Carlos Blanco, minister for the reform of the state, Venezuela; Fernando Henrique Cardoso, former president of Brazil; Aníbal Cavaco Silva, president of Portugal; Antônio Octávio Cintra, the Research Service of the Brazilian Chamber of Deputies; Rut Diamint, Universidad Torcuato Di Tella, Buenos Aires; Jorge I. Domínguez, Harvard University; Grzegorz Ekiert, Harvard University; César Gaviria, former president of Colombia; Anna Grzymala-Busse, University of Michigan; Inder Kumar Gujral, former prime minister of India; Anthony Jones, the Gorbachev Foundation of North America; Marcelo Barroso Lacombe, the Research Service of the Brazilian Chamber of Deputies; José Luis Méndez, El Colegio de México; Andrew Richards, Instituto Juan March of the Centro de Estudios Avanzados de Ciencias Sociales, Madrid; Susan Rose-Ackerman, Yale University; Richard Simeon, University of Toronto; Luc Turgeon, University of Toronto.
In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.
The United States and Mexico share a history shaped in the 19th century by numerous US forces interventions into Mexican territory and US expropriation of considerable swaths of Mexican territory. However, in spite of structural impediments and a history of resentment by Mexico of US intervention into its affairs and territory, the levels of cooperation and understanding slowly began to improve following a series of international and domestic factors. The decline of the former Soviet Union and the fall of the Berlin Wall at a global level, coupled with major political and economic challenges and reforms within Mexico are a starting point from which to assess the evolution of the bilateral defense relationship between the United States and Mexico. The American and Mexican militaries have evolved differently over the past 100 years and they each have very different responsibilities, mission sets, orientations, and capabilities. Yet in recent years, the Mexican armed forces have cooperated more closely with their US counterparts. This may be due to explicit direction coming from senior levels of the Mexican government and to operational requirements of the armed forces themselves as they seek to increase their capability and capacity to confront the growing levels in drug trafficking related violence. Today, both countries are dealing with the effects of this increased violence and insecurity in Mexico. Relying primarily on one-on-one interviews with senior practitioners and analysts on both sides of the border, the text examines the evolution of the U.S.-Mexican bilateral defense relationship to better understand how and why this unique relationship has improved, in fits and starts, over the past 25 years. It offers a new understanding of how defense policymakers from each respective country perceive the other, as well as how the lack of trust and understanding between the two neighbors has delayed greater cooperation.