The Rule of Law in Nascent Democracies

The Rule of Law in Nascent Democracies
Author: Rebecca Bill Chavez
Publisher: Stanford University Press
Total Pages: 284
Release: 2004
Genre: Law
ISBN: 9780804748124

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.

Courts and Democracies in Asia

Courts and Democracies in Asia
Author: Po Jen Yap
Publisher: Cambridge University Press
Total Pages: 251
Release: 2017-09-28
Genre: Law
ISBN: 1107192625

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.

Judicial Deference and Democratic Governance in Nascent Democracies: Self-restraining Courts in Post-transitional South Africa, Taiwan, and Poland

Judicial Deference and Democratic Governance in Nascent Democracies: Self-restraining Courts in Post-transitional South Africa, Taiwan, and Poland
Author: Cheng-Yi Huang
Publisher:
Total Pages: 333
Release: 2009
Genre: Administrative law
ISBN: 9781109313291

Post-transitional democracies usually face two contradictory needs. On the one hand, owing to political atrocity of the past, people aspire to a democratic state based on the rule of law, which can effectively constrain the executive power from abuse. On the other, the government has to rebuild a well-functioning state on the wreckage of former authoritarian regimes, which requires a potent administrative body. This conflict can be vividly and repeatedly seen in administrative cases in constitutional courts of post-transitional countries. This dissertation examines the latest development of judicial control of administrative action in three post-transitional countries: South Africa, Taiwan, and Poland. By focusing on three significant cases and the trajectories of administrative law reform in these countries, this dissertation explores three questions: Why would these courts like to defer to agencies in the post-transitional politics? When would they be willing to defer to agencies? What are the consequences of judicial self-restraint in these nascent democracies? For the first question, I argue that the courts would like to defer to agencies because the courts can play a pivotal role in the process of policymaking. By deference, the courts would not at all lose their power to agencies by deference. Indeed, they simply delegate the decisional power to agencies and can adjust and readjust the deference over the long run. As for the second question, I articulate four conditions on which the courts would be willing to defer to agencies: structural entrenchment of the rule of law, diffusion of social monitoring, a relatively long time horizon, and information deficit. Finally, drawing from the experience of Chevron deference in the United States, I elaborated a model of information elicitation to explain the logic of judicial deference. By this model, I justify the legitimacy of judicial deference on its function of information elicitation which will empower institutional agency of post-transitional governments and secure the autonomy of their citizens. These two elements will in turn facilitate democratic consolidation in nascent democracies

Judicial Deference and Democratic Governance in Nascent Democracies

Judicial Deference and Democratic Governance in Nascent Democracies
Author: Cheng-Yi Huang
Publisher:
Total Pages: 316
Release: 2009
Genre: Administrative law
ISBN:

Post-transitional democracies usually face two contradictory needs. On the one hand, owing to political atrocity of the past, people aspire to a democratic state based on the rule of law, which can effectively constrain the executive power from abuse. On the other, the government has to rebuild a well-functioning state on the wreckage of former authoritarian regimes, which requires a potent administrative body. This conflict can be vividly and repeatedly seen in administrative cases in constitutional courts of post-transitional countries. This dissertation examines the latest development of judicial control of administrative action in three post-transitional countries: South Africa, Taiwan, and Poland. By focusing on three significant cases and the trajectories of administrative law reform in these countries, this dissertation explores three questions: Why would these courts like to defer to agencies in the post-transitional politics? When would they be willing to defer to agencies? What are the consequences of judicial self-restraint in these nascent democracies?. For the first question, I argue that the courts would like to defer to agencies because the courts can play a pivotal role in the process of policymaking. By deference, the courts would not at all lose their power to agencies by deference. Indeed, they simply delegate the decisional power to agencies and can adjust and readjust the deference over the long run. As for the second question, I articulate four conditions on which the courts would be willing to defer to agencies: structural entrenchment of the rule of law, diffusion of social monitoring, a relatively long time horizon, and information deficit. Finally, drawing from the experience of Chevron deference in the United States, I elaborated a model of information elicitation to explain the logic of judicial deference. By this model, I justify the legitimacy of judicial deference on its function of information elicitation which will empower institutional agency of post-transitional governments and secure the autonomy of their citizens. These two elements will in turn facilitate democratic consolidation in nascent democracies.

Democracy and the Rule of Law in Classical Athens

Democracy and the Rule of Law in Classical Athens
Author: Edward M. Harris
Publisher:
Total Pages: 520
Release: 2006
Genre: Constitutional history
ISBN: 9781107165519

This brings together essays on Athenian law by Edward Harris, who challenges much of the recent scholarship on this topic. Presenting a balanced analysis of the legal system in ancient Athens, Harris stresses the importance of substantive issues and their contribution to our understanding of different types of legal procedures.

Freedom in the World 2018

Freedom in the World 2018
Author: Freedom House
Publisher: Rowman & Littlefield
Total Pages: 1040
Release: 2019-01-31
Genre: Political Science
ISBN: 1538112035

Freedom in the World is the standard-setting comparative assessment of global political rights and civil liberties. The methodology of this survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories.

The Rule of Law

The Rule of Law
Author: Robert Paul Wolff
Publisher: New York : Simon and Schuster
Total Pages: 264
Release: 1971
Genre: Law
ISBN:

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

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.