Comparative Administrative Law

Comparative Administrative Law
Author: Susan Rose-Ackerman
Publisher: Edward Elgar Publishing
Total Pages: 689
Release: 2010-01-01
Genre: Law
ISBN: 1849808104

This research handbook is a comprehensive overview of the field of comparative administrative law. The specially commissioned chapters in this landmark volume represent a broad, multi-method approach combining perspectives from history and social science with more strictly legal analyses. Comparisons of the United States, continental Europe, and the British Commonwealth are complemented by contributions that focus on Latin America, Africa, and Asia. The work aims to stimulate comparative research on public law, reaching across countries and scholarly disciplines. Beginning with historical reflections on the emergence of administrative law over the last two centuries, the volume then turns to the relationship of administrative and constitutional law, with an additional section focusing on the key issue of administrative independence. Two further sections highlight the possible tensions between impartial expertise and public accountability, drawing insights from economics and political science as well as law. The final section considers the changing boundaries of the administrative state – both the public-private distinction and the links between domestic and transnational regulatory bodies such as the European Union. In covering this broad range of topics, the book illuminates a core concern of administrative law: the way individuals and organizations across different systems test and challenge the legitimacy of public authority. This extensive, interdisciplinary appraisal of the field will prove a vital resource for scholars and students of administrative and comparative law. Historians of the state looking for a broad overview of a key area of public law, reformers in emerging economies, donor agencies looking for governance options, and policy analysts with an interest in the law/policy interface will find this work a valuable addition to their library.

EU Law in Populist Times

EU Law in Populist Times
Author: Francesca Bignami
Publisher: Cambridge University Press
Total Pages: 611
Release: 2020-01-02
Genre: Law
ISBN: 1108485081

A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.

Governance and the postcolony

Governance and the postcolony
Author: David Everatt
Publisher: Wits University Press
Total Pages: 340
Release: 2019-08-01
Genre: Political Science
ISBN: 1776143442

Civil society, NGOs, governments, and multilateral institutions all repeatedly call for improved or ‘good’ governance – yet they seem to speak past one another. Governance is in danger of losing all meaning precisely because it means many things to different people in varied locations This is especially true in sub-Saharan Africa. Here, the postcolony takes many forms, reflecting the imperial project with painful accuracy. Offering a set of multidisciplinary analyses of governance in different sectors (crisis management, water, food security, universities), in different locales across sub-Saharan Africa, and from different theoretical approaches (network to adversarial network governance); this volume makes a useful addition to the growing debates on ‘how to govern’. It steers away from offering a ‘correct’ definition of governance, or from promoting a particular position on postcoloniality. It gives no neat conclusion, but invites readers to draw their own conclusions based on these differing approaches to and analyses of governance in the postcolony. As a robust, critical assessment of power and accountability in the sub-Saharan context, Governance and the Postcolony: Views from Africa brings together topical case studies that will be a valuable resource for those working in the field of African international relations, public policy, public management and administration.

Constitutional Statecraft in Asian Courts

Constitutional Statecraft in Asian Courts
Author: Yvonne Tew
Publisher: Oxford University Press
Total Pages: 273
Release: 2021-07-23
Genre: Law
ISBN: 0198716834

Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.

Courts in Latin America

Courts in Latin America
Author: Gretchen Helmke
Publisher: Cambridge University Press
Total Pages: 353
Release: 2011-01-17
Genre: Political Science
ISBN: 1139497162

To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.

Democracy and International Law

Democracy and International Law
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.

Rights, Democracy, and Fulfillment in the Era of Identity Politics

Rights, Democracy, and Fulfillment in the Era of Identity Politics
Author: David Ingram
Publisher: Rowman & Littlefield Publishers
Total Pages: 281
Release: 2004-04-09
Genre: Philosophy
ISBN: 1461615933

Rights, Democracy, and Fulfillment in the Era of Identity Politics develops a critical theory of human rights and global democracy. Ingram both develops a theory of rights and applies it to a range of concrete and timely issues, such as the persistence of racism in contemporary American society; the emergence of so-called "whiteness theory;" the failure of identity politics; the tensions between emphases on antidiscrimination and affirmative action in the Americans With Disabilities Act of 1990; the great unresolved issues of workplace democracy; and the dilemmas of immigration policy for the U.S. and Europe.

Democratisation in the European Neighbourhood

Democratisation in the European Neighbourhood
Author: Michael Emerson
Publisher: CEPS
Total Pages: 241
Release: 2005
Genre: Democracy
ISBN: 9290795921

Approaches democratization of the European neighbourhood from two sides, first exploring developments in the states themselves and then examining what the European Union has been doing to promote the process.

Liberal Freedom

Liberal Freedom
Author: Eric MacGilvray
Publisher: Cambridge University Press
Total Pages: 239
Release: 2022-09-15
Genre: Political Science
ISBN: 110887777X

We seem to be losing the ability to talk to each other about – and despite – our political differences. The liberal tradition, with its emphasis on open-mindedness, toleration, and inclusion, is ideally suited to respond to this challenge. Yet liberalism is often seen today as a barrier to constructive dialogue: narrowly focused on individual rights, indifferent to the communal sources of human well-being, and deeply implicated in structures of economic and social domination. This book provides a novel defense of liberalism that weaves together a commitment to republican self-government, an emphasis on the value of unregulated choice, and an appreciation of how hard it is to strike a balance between them. By treating freedom rather than justice as the central liberal value this important book, critical to the times, provides an indispensable resource for constructive dialogue in a time of political polarization.

Emerging Judicial Power in Transitional Democracies

Emerging Judicial Power in Transitional Democracies
Author: Rachel L. Ellett
Publisher: ProQuest
Total Pages: 553
Release: 2008
Genre: Africa, Sub-Saharan
ISBN: 9780549521709

It is broadly accepted that an independent and empowered judiciary is central to the rule of law. This dissertation examines the construction of judicial power in emerging democracies through addressing the paradoxical presence of strong judicial power in weak and volatile democracies. I argue that we must unpack our assumptions about democracy and move beyond regime based theories of judicial behavior. I find that existing strategic decision-making theories do not adequately account for the emergence of judicial power in sub-Saharan Africa. Instead this study finds that variation in level of judicial institutionalization or viability accounts for the presence of strong judicial power in weak democracies. A judiciary with a high level of institutional viability is able to withstand the frequent exogenous shocks typically present in sub-Saharan Africa's neopatrimonial regimes.