Spreading Democracy and the Rule of Law?


Book Description

The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?







Promoting Democracy and the Rule of Law


Book Description

European and American experts systematically compare U.S. and EU strategies to promote democracy around the world – from the Middle East and the Mediterranean, to Latin America, the former Soviet bloc, and Southeast Asia. In doing so, the authors debunk the pernicious myth that there exists a transatlantic divide over democracy promotion.




Promoting the Rule of Law Abroad


Book Description

"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."—SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience—in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa—to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field. Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-Hélène Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).




Democracy and the Rule of Law


Book Description

Democracy and the Rule of Law is based upon a 2000 conference, jointly sponsored by the Law Library of Congress and the New York University School of Law. It features over 40 essays exploring the crucial dynamic between the concepts of democracy and the rule of law. This book is valuable to students and scholars interested in the spread of democracy in many parts of the world. It also shows how different countries with contrasting legal traditions commonly confront major problems under their constitutions. The essays focus on significant comparative and international legal and political issues, including: Transnational justice and national sovereignty Natural resources and the environment The role of women Political status and democracy in multi-ethnic and multi-racial states Law and accountability Religion and culture. Eminent U.S. and foreign scholars and dignitaries, including judges, university professors, politicians, and high-ranking government administrators, serve as contributors.




Judicial Activism and the Democratic Rule of Law


Book Description

In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.




The Impact of European Institutions on the Rule of Law and Democracy


Book Description

Since 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.




The Quality of Democracy


Book Description

In 1996, Guillermo O’Donnell taught a seminar at the University of Notre Dame on democratic theory. One of the questions explored in this class was whether it is possible to define and determine the “quality” of democracy. Jorge Vargas Cullell, a student in this course, returned to his native country of Costa Rica, formed a small research team, and secured funding for undertaking a “citizen audit” of the quality of democracy in Costa Rica. This pathbreaking volume contains O’Donnell’s qualitative theoretical study of the quality of democracy and Vargas Cullell’s description and analysis of the empirical data he gathered on the quality of democracy in Costa Rica. It also includes twelve short, scholarly reflections on the O’Donnell and Cullell essays. The primary goal of this collection is to present the rationale and methodology for implementing a citizen audit of democracy. This book is an expression of a growing concern among policy experts and academics that the recent emergence of numerous democratic regimes, particularly in Latin America, cannot conceal the sobering fact that the efficacy and impact of these new governments vary widely. These variations, which range from acceptable to dismal, have serious consequences for the people of Latin America, many of whom have received few if any benefits from democratization. Attempts to gauge the quality of particular democracies are therefore not only fascinating intellectual exercises but may also be useful practical guides for improving both old and new democracies. This book will make important strides in addressing the increasing practical and academic concerns about the quality of democracy. It will be required reading for political scientists, policy analysts, and Latin Americanists.




Effective Governance Under Anarchy


Book Description

Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.




War and Democratization


Book Description

Promotion of democracy in post-war and post-conflict societies became a topic during the 1990s. The book deals with the legality, legitimacy and effectiveness of military interventions where the international community of states not only felt impelled to engage in military humanitarian or peace-building missions but also in long-term state- and democracy-building. External actors particularly engaged in four modes, namely enforcing democratization by enduring post-war occupation (mode 1); restoring an elected government by military intervention (mode 2); intervening in on-going massacres and civil war with military forces (‘humanitarian intervention’) and thereby curbing the national sovereignty of those countries (mode 3) and forcing democracy on rogue states by ‘democratic intervention’, in other words democracy through war (mode 4). The contributions link juridical and philosophical reflections on just war ad bellum with empirical evidence post bellum in Afghanistan, Georgia, Serbia, Croatia, Cambodia and East Timor. All empirical analyses stress the complexity and difficulties to establish democracy in post-conflict societies driven or monitored by external actors. Such an endeavour implies a comprehensive agenda of political, social, and economic methods of peace-building. However, if external actors withdraw before the roots of democracy are deep enough and before democratic institutions are strong enough to stand alone, then the entire endeavour may fail. This book was originally published as a special issue of Democratization.