Democracy and the rule of law
Author(s)
Bibliographic Information
Democracy and the rule of law
(Cambridge studies in the theory of democracy)
Cambridge University Press, 2003
- : hbk
- : pbk
Available at 41 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and indexes
Description and Table of Contents
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.
Table of Contents
- List of contributors
- Acknowledgments
- Introduction Jose Maria Maravall and Adam Przeworski
- Part I: 1. Lineages of the rule of law Stephen Holmes
- 2. Power, rules, and compliance Ignacio Sanchez-Cuenca
- 3. Obedience and obligation in the Rechtsstaat Michel Troper
- 4. A postscript to 'Political foundations of democracy and the rule of law' Barry R. Weingast
- 5. Why do political parties obey results of elections? Adam Przeworski
- Part II: 6. The majoritarian reading of the 'rule of law' Roberto Gargarella
- 7. How can the rule of law rule? Cost imposition through decentralized mechanisms Catalina Smulovitz
- 8. Dictatorship and the rule of law: rules and military power in Pinochet's Chile Robert Barros
- Part III: 9. Courts as instruments of horizontal accountability: the case of Latin Europe Carlo Guarnieri
- 10. Rule of democracy and rule of law John Ferejohn and Pasquale Pasquino
- 11. The rule of law as a political weapon Jose Maria Maravall
- 12. The question of the rule of law in Michel de Montaigne's Essais Biancamaria Fontana
- Author index
- Subject index.
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