Democracy and International Law

Democracy and International Law
Author: Gregory H. Fox
Publisher:
Total Pages: 944
Release: 2020
Genre: Democracy
ISBN: 9781788114745

At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.

Democracies and International Law

Democracies and International Law
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 349
Release: 2021-09-30
Genre: Law
ISBN: 1108843131

Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author: Anneli Albi
Publisher: Springer
Total Pages: 1522
Release: 2019-05-29
Genre: Law
ISBN: 9462652732

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Democracy, Law and Governance

Democracy, Law and Governance
Author: Professor Jacques Lenoble
Publisher: Ashgate Publishing, Ltd.
Total Pages: 452
Release: 2013-02-28
Genre: Law
ISBN: 1409497127

Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.

Legitimacy in International Law

Legitimacy in International Law
Author: Rüdiger Wolfrum
Publisher: Springer Science & Business Media
Total Pages: 423
Release: 2008-02-26
Genre: Law
ISBN: 3540777644

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Militant Democracy

Militant Democracy
Author: András Sajó
Publisher: Eleven International Publishing
Total Pages: 271
Release: 2004
Genre: Civil rights
ISBN: 9077596046

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Governmental Illegitimacy in International Law

Governmental Illegitimacy in International Law
Author: Brad R. Roth
Publisher:
Total Pages: 476
Release: 1999
Genre: Law
ISBN: 9780199243013

When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.

Democratic Governance

Democratic Governance
Author: Séverine Bellina
Publisher: Hurst & Company
Total Pages: 560
Release: 2009
Genre: Political Science
ISBN: 9781849040198

'Governance' has become a key word in the lexicon of international relations over the last twenty years. It is used, loosely, and invariably in a liberal idiom, by scholars, activists, civil society organizations, politicians and the voluntary sector. In many respects it has attained the status of a fetish, yet 'governance' remains a notion that has multiple definitions, a concept in-the-making. Notwithstanding the imprecision with which the term is employed, it has become an inescapable paradigm for the politics of development. The contributors to this book, drawn from among some of the world's best area studies specialists, from North and South, offer a diverse global critique of 'governance' as deployed in several key areas: institutions and state actors; the rule of law, democracy and human rights; decentralization and state power; development and, last but not least, international cooperation and the role of the World Bank, the IMF and NGOs. The geographical spread of the volume ranges from Africa to Latin America, from Asia to the Middle East. Their objectives include: a reassessment of 'governance' in its many manifestations; an attempt to free the term from its often unhelpful linkage to the state, and thereby apply it to other organizations and actors; a re-evaluation of the Western-dominated use of the term politically and an attempt to broaden its application beyond issues such as transparency and the fight against corruption; and a search for innovative applications of the term, driven by a consensus that transcends current economic and political inequalities.