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No Rule Of Law No Democracy

Author: Cristina Nicolescu-Waggonner
Publisher: SUNY Press
ISBN: 1438462654
Size: 79.71 MB
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Argues that new democracies face consolidation challenges due to campaign finance corruption and the unwillingness of politicians to reform rule of law enforcement. Mainstream theories assert that democracy cures corruption. In market economies, however, elections are expensive and parties, with ever-thinning memberships, cannot legally acquire the necessary campaign funds. In order to secure electoral funds, a large number of politicians misappropriate public funds. Due to the illicit character of these transactions, high officials with conflicts of interest prefer to leave anticorruption enforcement mechanisms unreformed and reserve the right to intervene in the judicial process, with dire consequences for the rule of law. In No Rule of Law, No Democracy, Cristina Nicolescu-Waggonner demonstrates that when corrupt politicians are in power—true of nearly all new democracies—they will protect their office and fail to implement rule of law reforms. Consequently, these polities never reach a point where democracy could and would cure corruption. This dysfunction is tested in one hundred cases over sixteen years with significant results. In the case of the Czech Republic, for example, which is regarded as a consolidated democracy, there is systematic corruption, misappropriation of state funds, an unreformed judiciary, and arbitrary application of law. The only solution is a powerful, independent, well-funded anticorruption agency. Romania, one of the most corrupt countries in Europe, established, at the European Union’s request, powerful anticorruption bodies and punished corrupt leaders, which created the predictability of enforcement. It is the certainty of punishment that curtails corruption and establishes true rule of law.

Mr Mothercountry

Author: Keally D. McBride
Publisher: Oxford University Press
ISBN: 0190252979
Size: 68.98 MB
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Today, every continent retains elements of the legal code distributed by the British empire. The British empire created a legal footprint along with political, economic, cultural and racial ones. One of the central problems of political theory is the insurmountable gap between ideas and their realization. Keally McBride argues that understanding the presently fraught state of the concept of the rule of law around the globe relies upon understanding how it was first introduced and then practiced through colonial administration--as well as unraveling the ideas and practices of those who instituted it. The astonishing fact of the matter is that for thirty years, between 1814 and 1844, virtually all of the laws in the British Empire were reviewed, approved or discarded by one individual: James Stephen, disparagingly known as "Mr. Mothercountry." Virtually every single act that was passed by a colony made its way to his desk, from a levy to improve sanitation, to an officer's pay, to laws around migration and immigration, and tariffs on products. Stephen, great-grandfather of Virginia Woolf, was an ardent abolitionist, and he saw his role as a legal protector of the most dispossessed. When confronted by acts that could not be overturned by reference to British law that he found objectionable, he would make arguments in the name of the "natural law" of justice and equity. He truly believed that law could be a force for good and equity at the same time that he was frustrated by the existence of laws that he saw as abhorrent. In Mr. Mothercountry, McBride draws on original archival research of the writings of Stephen and his descendants, as well as the Macaulay family, two major lineages of legal administrators in the British colonies, to explore the gap between the ideal of the rule of law and the ways in which it was practiced and enforced. McBride does this to show that there is no way of claiming that law is always a force for good or simply an ideological cover for oppression. It is both. Her ultimate intent is to illuminate the failures of liberal notions of legality in the international sphere and to trace the power disparities and historical trajectories that have accompanied this failure. This book explores the intertwining histories of colonial power and the idea of the rule of law, in both the past and the present, and it asks what the historical legacy of British Colonialism means for how different groups view international law today.

Corruption And Democracy

Author:
Publisher: Council of Europe
ISBN: 9789287163554
Size: 43.94 MB
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Political corruption contributes to the decline of citizens' trust and confidence in democracy and weakens democratic principles and processes. The contributions in this book identify risks that corruption poses to the future of democracy in Europe, and propose a wide range of measures for action which are aimed at preventing political corruption (including undue influence on the justice system), enhancing transparency and accountability, and rebuilding confidence in democracy.--Publisher's description.

Democratization In Africa

Author: Sahr John Kpundeh
Publisher: National Academies
ISBN:
Size: 13.64 MB
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The global movement toward democracy, spurred in part by the ending of the cold war, has created opportunities for democratization not only in Europe and the former Soviet Union, but also in Africa. This book is based on workshops held in Benin, Ethiopia, and Namibia to better understand the dynamics of contemporary democratic movements in Africa. Key issues in the democratization process range from its institutional and political requirements to specific problems such as ethnic conflict, corruption, and role of donors in promoting democracy. By focusing on the opinion and views of African intellectuals, academics, writers, and political activists and observers, the book provides a unique perspective regarding the dynamics and problems of democratization in Africa.

Democracy Promotion And Conflict Based Reconstruction

Author: Matthew Alan Hill
Publisher: Routledge
ISBN: 0415588928
Size: 68.53 MB
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This book investigates US foreign policy and tests the hypothesis that transition-inspired democracy promotion will successfully establish liberal democracy around the world, and thus fulfil the aims of the American mission and its application of the democratic peace. It features two detailed case studies exploring political liberalization in Bosnia and Afghanistan, and suggests that the conclusions are applicable to other cases by highlighting the US mission in Iraq. The author critically examines US foreign policy in a theoretical and historical context, focusing on the United States Agency for International Developmentâe(tm)s (USAID) democracy assistance. It demonstrates that if liberal democracy is the end-goal of USAIDâe(tm)s strategy then the theoretical and practical limitations of transition-inspired assistance will impede the attainment of this goal. In examining US democracy promotion in Bosnia, Afghanistan and Iraq during the Clinton and Bush administrations, the book concludes by considering its future during the Obama administration. This book will be of interest to students and scholars of International Relations, US Foreign Policy and Democratization Studies. A video of a panel discussing Matthew Hill's book and associated topics in more detail can be found here: http://www.sas.ac.uk/videos-and-podcasts/politics-development-human-rights/old-wine-new-bottle-democratisation-lessons-af

Democracy Development And Good Governance

Author: Larry Jay Diamond
Publisher:
ISBN:
Size: 23.85 MB
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'Kronti ne Akwamu' Annual Democracy lecture deliverd [i.e. delivered] by Professor Larry Diamonds [i.e. Diamond] at the British Council on February 29, 2005.

Development First Democracy Later

Author: Anna Lekvall
Publisher: International Idea
ISBN: 9789186565992
Size: 19.42 MB
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This book explores how politics and democracy play out in reality in Africa as the major aid-receiving continent. It points to the seriously challenged political situations found in aid-recipient countries. Moreover, it looks at the Paris Agenda aid modalities from a democracy perspective. It illustrates the on-and-off relationship with democracy concerns in the aid system. In addition, the book points to the challenges of aid, which are too often based on a wrongful assumption that development comes first and democracy only (hopefully) later. The book brings into question the fundamental construction of the aid system and the values that drive it. While making a push for seeing the value of democracy on its own merits, as well as its advantages for development, the book poses some serious questions about the way the aid system is built and argues for substantive changes in the aid landscape. Issues raised are relevant for many discussions -- from China as a development model, to the entire aid system -- and not least for the debate on the post-2015 Millennium Development Goals. This is an outspoken, insiders account. It aspires to be broadly accessible and engaging and to provoke debate on an issue which is still, remarkably, swept under the carpet. The critique is substantiated with facts and research, but also illustrated with situations taken from real life in Africa and international aid discussions.

Constitutionalism And The Rule Of Law

Author: Maurice Adams
Publisher: Cambridge University Press
ISBN: 1107151856
Size: 41.34 MB
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Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Democracy At Large

Author:
Publisher:
ISBN:
Size: 68.92 MB
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IFES published this quarterly magazine from 2004-2006 for scholars and practitioners interested in democratic development. Each issue addresses current affairs in the field of democracy promotion.