Download or read book Judicial Deference and Democratic Governance in Nascent Democracies Self restraining Courts in Post transitional South Africa Taiwan and Poland written by Cheng-Yi Huang and published by . This book was released on 2009 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Judicial Deference and Democratic Governance in Nascent Democracies written by Cheng-Yi Huang and published by . This book was released on 2009 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Transitional Justice and the Rule of Law in New Democracies written by A. James McAdams and published by . This book was released on 1997 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.

Download or read book Comparative Administrative Law written by Susan Rose-Ackerman and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Global Trends 2040 written by National Intelligence Council and published by Cosimo Reports. This book was released on 2021-03 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.

Download or read book Electoral System Design written by Andrew Reynolds and published by Stockholm : International Institute for Democracy and Electoral Assistance. This book was released on 2005 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Download or read book Freedom in the World 2020 written by Freedom House and published by Rowman & Littlefield. This book was released on 2021-01-22 with total page 1483 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The New Fourth Branch written by Mark Tushnet and published by Cambridge University Press. This book was released on 2021-08-31 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-first-century constitutions now typically include a new 'fourth branch' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds offices. This book offers the first general theory of the fourth branch; in a world where governance is exercised through political parties, we cannot be confident that the traditional three branches are enough to preserve constitutional democracy. The fourth branch institutions can, by concentrating within themselves distinctive forms of expertise, deploy that expertise more effectively than the traditional branches are capable of doing. However, several case studies of anticorruption efforts, electoral management bodies, and audit bureaus show that the fourth branch institutions do not always succeed in protecting constitutional democracy, and indeed sometimes undermine it. The book concludes with some cautionary notes about placing too much hope in these – or, indeed, in any – institutions as the guarantors of constitutional democracy.

Download or read book Post Communist Democratization written by John S. Dryzek and published by Cambridge University Press. This book was released on 2002-06-13 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the way democracy is thought about and lived by people in the post-communist world.

Download or read book Democracy and International Law written by Gregory H. Fox and published by . This book was released on 2020 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Government by Judiciary written by Raoul Berger and published by Studies in Jurisprudence and L. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Download or read book Authoritarianism and the Elite Origins of Democracy written by Michael Albertus and published by Cambridge University Press. This book was released on 2018-01-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that - in terms of institutional design, the allocation of power and privilege, and the lived experiences of citizens - democracy often does not restart the political game after displacing authoritarianism. Democratic institutions are frequently designed by the outgoing authoritarian regime to shield incumbent elites from the rule of law and give them an unfair advantage over politics and the economy after democratization. Authoritarianism and the Elite Origins of Democracy systematically documents and analyzes the constitutional tools that outgoing authoritarian elites use to accomplish these ends, such as electoral system design, legislative appointments, federalism, legal immunities, constitutional tribunal design, and supermajority thresholds for change. The study provides wide-ranging evidence for these claims using data that spans the globe and dates from 1800 to the present. Albertus and Menaldo also conduct detailed case studies of Chile and Sweden. In doing so, they explain why some democracies successfully overhaul their elite-biased constitutions for more egalitarian social contracts.

Download or read book The Changing Nature of Democracy written by Takashi Inoguchi and published by . This book was released on 1998 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together preeminent scholars from around the world in a collection of essays that point to a changing and broadening agenda of democracy.

Download or read book China s Grand Strategy written by Andrew Scobell and published by Rand Corporation. This book was released on 2020-07-27 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.

Download or read book A Diplomat s Handbook for Democracy Development Support written by Jeremy Kinsman and published by McGill-Queen's Press - MQUP. This book was released on 2016-10-17 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the conduct of international relations among and within states has been very considerably altered. Today, the content of these relations relies as much on international professional and civil society networks as it does on state-to-state transactions. The role of the Internet has been fundamental in widening communications opportunities for citizens and civil society, with a profound effect on democracy transition. In consequence, diplomacy has taken on a much more human and public face. Twenty-first century ambassadors and diplomats are learning to engage with civil societies, especially on the large themes of democratic change — an engagement that is often resisted by authoritarian regimes. A Diplomat’s Handbook for Democracy Development Support presents a wide variety of specific experiences of diplomats on the ground, identifying creative, human and material resources. More broadly, it is about the policy-making experience in capitals, as democratic states try to align national interests and democratic values. The Handbook also documents the increasingly prominent role of civil society as the essential building block for successful democratic transitions, with each case study examining specific national experiences in the aspiration for democratic and pluralistic governance, and lessons learned on all sides — for better or for worse. While each situation is different — presenting unique, unstructured problems and opportunities — a review of these experiences bears out the validity of the authors’ belief in the interdependence of democratic engagements, and provides practitioners with encouragement, counsel and a greater capacity to support democracy everywhere.

Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.