The Rule of Law in Nascent Democracies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Rule of Law in Nascent Democracies write by Rebecca Bill Chavez. This book was released on 2004. The Rule of Law in Nascent Democracies available in PDF, EPUB and Kindle. 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.
The Construction of the Rule of Law in Nascent Democracies
The Construction of the Rule of Law in Nascent Democracies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Construction of the Rule of Law in Nascent Democracies write by Rebecca Bill Chavez. This book was released on 2001. The Construction of the Rule of Law in Nascent Democracies available in PDF, EPUB and Kindle.
Courts and Democracies in Asia
Courts and Democracies in Asia - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Courts and Democracies in Asia write by Po Jen Yap. This book was released on 2017-09-28. Courts and Democracies in Asia available in PDF, EPUB and Kindle. 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 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Deference and Democratic Governance in Nascent Democracies: Self-restraining Courts in Post-transitional South Africa, Taiwan, and Poland write by Cheng-Yi Huang. This book was released on 2009. Judicial Deference and Democratic Governance in Nascent Democracies: Self-restraining Courts in Post-transitional South Africa, Taiwan, and Poland available in PDF, EPUB and Kindle. 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 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Democracy and the Rule of Law in Classical Athens write by Edward M. Harris. This book was released on 2006. Democracy and the Rule of Law in Classical Athens available in PDF, EPUB and Kindle. 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.
