Authoritarian Legality in Asia


Book Description

Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.




Democracy and the Rule of Law


Book Description

This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.




Rule of Law Dynamics


Book Description

This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).




Emergency Powers in Asia


Book Description

What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.




Rule of Law and Constitution Building


Book Description

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 Army and Democracy


Book Description

In sharp contrast to neighboring India, the Muslim nation of Pakistan has been ruled by its military for over three decades. The Army and Democracy identifies steps for reforming Pakistan’s armed forces and reducing its interference in politics, and sees lessons for fragile democracies striving to bring the military under civilian control.




Freedom in the World 2018


Book Description

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.




Governing the Ungovernable


Book Description

Pakistan, since its independence in 1947, had to face tumultuous years for the first four decades. Despite the many challenges, both internal and external, the country was able to register a 6 per cent average annual growth rate during the first forty years of its existence. The country was ahead of India and Bangladesh in all economic and social indicators. Since 1990, the country has fallen behind its neighbouring countries and has had a decline in the growth rate. This book attempts to examine the reasons behind this slowdown, the volatile and inequitable growth of the last twenty-five years, and through a process of theoretical and empirical evidence argues that the most powerful explanatory hypothesis lies in the decay of institutions of governance. It also suggests a selective and incremental approach of restructuring some key public institutions that pertain to accountability, transparency, security, economic growth, and equity.




Unstable Constitutionalism


Book Description

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.




India, Pakistan, and Democracy


Book Description

The question of why some countries have democratic regimes and others do not is a significant issue in comparative politics. This book looks at India and Pakistan, two countries with clearly contrasting political regime histories, and presents an argument on why India is a democracy and Pakistan is not. Focusing on the specificities and the nuances of each state system, the author examines in detail the balance of authority and power between popular or elected politicians and the state apparatus through substantial historical analysis. India and Pakistan are both large, multi-religious and multi-lingual countries sharing a geographic and historical space that in 1947, when they became independent from British rule, gave them a virtually indistinguishable level of both extreme poverty and inequality. All of those factors militate against democracy, according to most theories, and in Pakistan democracy did indeed fail very quickly after Independence. It has only been restored as a façade for military-bureaucratic rule for brief periods since then. In comparison, after almost thirty years of democracy, India had a brush with authoritarian rule, in the 1975-76 Emergency, and some analysts were perversely reassured that the India exception had been erased. But instead, after a momentous election in 1977, democracy has become stronger over the last thirty years. Providing a comparative analysis of the political systems of India and Pakistan as well as a historical overview of the two countries, this textbook constitutes essential reading for students of South Asian History and Politics. It is a useful and balanced introduction to the politics of India and Pakistan.