Books: 'Democratic state governed by the rule of law'

1

Burell, Mattias. The rule-governed state: China's labor market policy, 1978-1998. Upssala University, 2001.

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2

Marchetti, Raffaele. Global Democracy. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.202.

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Global democracy is a field of academic study and political activism concerned with making the global political system more democratic. This topic has become a central area of inquiry for established literatures including political philosophy, international relations (IR), international law, and sociology. Along with global justice, global democracy has also been critical to the emergence of international political theory as a discrete literature in recent decades. Global democracy is particularly concerned with how transnational decision-making can be justified and who should be entitled to participate in the formation of global rules, laws, and regulations. As democratic nations increase trade among themselves, policies like isolationism and nationalism make far less sense. Borders blur through free trade agreements and the creation of economic zones. As nations begin to take the interests of their partner nations into consideration when drafting laws and regulations, global democracy begins to take shape. However, due to globalization, the supposed alliance between democracy and the nation-state has come unstuck. The expansion of global connections has functioned in close cooperation with increased efforts to govern global affairs. Many scholars argue that increased transnational activity undermines national democracy. On the contrary, global democrats share the view that individuals should collectively rule themselves—to the extent that decision-making power migrates beyond the state, democracy should follow.

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Clercq, Juan Antonio Le, and Jose Pablo Abreu Sacramento. Rebuilding the State Institutions: Challenges for Democratic Rule of Law in Mexico. Springer, 2019.

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4

Parlament, Romania, and Romania, eds. România spre statul de drept =: La Roumanie vers l'Etat de droit = Romania towards the State governed by the rule of law. Regia Autonomă "Monitorul Oficial", 1993.

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5

Pavel, Carmen E. Law Beyond the State. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197543894.001.0001.

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At the dawn of the twenty-first century, international politics is increasingly governed by legal rules and institutions. Yet widespread skepticism of its value and transformative potential, and sometimes outright hostility toward it, abound. This book provides a normative justification for international law. Namely, it argues that the same reasons which support the development of law at the domestic level—the promotion of peace; the protection of individual rights; the facilitation of extensive, complex forms of cooperation; and the resolution of collective action problems—also support the development of law at the international level. The book offers moral and legal reasons for states to improve, strengthen, and further institutionalize the capacity of international law. The argument thus engages in institutional moral reasoning. It also shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen’s welfare. Thus, international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice.

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6

Poland. The role of the judiciary in a state governed by the rule of law Proceedings (Warsaw (Poland), 4 April 1995) (1996). Manhattan Pub. Co., 1996.

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7

Dimas, Panos, Melissa Lane, and Susan Sauvé Meyer, eds. Plato's Statesman. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898296.001.0001.

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Plato’s Statesman reconsiders many questions familiar to readers of the Republic: questions in political theory – such as the qualifications for the leadership of a state and the best from of constitution (politeia) – as well as questions of philosophical methodology and epistemology. Instead of the theory of Forms that is the centrepiece of the epistemology of the Republic, the emphasis here is on the dialectical practice of collection and division (diairesis), in whose service the interlocutors also deploy the ancillary methods of myth and of models (paradeigmata). Plato here introduces the doctrine of due measure (to metrion) and a conception of statecraft (politikē) as an architectonic expertise that governs subordinate disciplines such as rhetoric and the military – doctrines later developed by Aristotle. Readers will find a sustained defence of the importance of expertise (technē or epistēmē) in the conduct of affairs of state, a robust (although not unqualified) defence of the rule of law, and an unsparing but nuanced critique of democratic government. The chapters in this volume provide a comprehensive and detailed philosophical engagement with the entirety of Plato’s wide-ranging dialogue, with successive chapters devoted to the sections of the dialogue as it unfolds, and an introduction that places the dialogue in the context of Plato’s philosophy as a whole. While not a commentary in the traditional sense, the volume engages with Plato’s Statesman in its entirety.

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Europe, Council of, Commission of the European Communities., Russia (Federation), and Prokuratura in a State Governed by the Rule of Law (Meeting) (1997 : Moscow), eds. The Prokuratura in a state governed by the rule of law: Multilateral meeting organised by the Council of Europe in conjunction with the General Prosecutor's Office of the Russian Federation, Moscow, 8-9 January 1997. Council of Europe, 1998.

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9

Martin, Jeffrey T. Sentiment, Reason, and Law. Cornell University Press, 2019. http://dx.doi.org/10.7591/cornell/9781501740046.001.0001.

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What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? This book describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. This book describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. It shows an apparent paradox of how a strong democratic order was built on a foundation of weak police powers, and demonstrates how that was made possible by the continuity of an illiberal idea of policing. The conclusion from this paradox is that the purpose of the police was to cultivate the political will of the community rather than enforce laws and keep order. As the book shows, the police force in Taiwan exists as an “anthropological fact,” bringing an order of reality that is always, simultaneously and inseparably, meaningful and material. It unveils the power of this fact, demonstrating how the politics of sentiment that took shape under autocratic rule continued to operate in everyday policing in the early phase of the democratic transformation, even as a more democratic mode of public reason and the ultimate power of legal right were becoming more significant.

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10

Szente, Zoltán. Challenging the Basic Values—Problems in the Rule of Law in Hungary and the Failure of the EU to Tackle Them. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198746560.003.0027.

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This chapter investigates Hungary’s non-compliance problems and the insights these can provide into the relations between the EU and Hungary. Since 2010 there has been a new period in these relations—the Hungarian constitutional changes have challenged the EU, testing its capacity and ability to protect the Rule of Law in the Member States. This situation stands in contrast to Hungary’s legal harmonization and institutional adaptation to EU requirements prior to 2010. Now, when the challenge from the inside—that is, from a Member State—to the democratic value system of the community is significantly greater than ever, the EU faces an unexpected obstacle. To work out an effective and long-term solution to a situation which has never occurred before, the chapter examines the problem in greater detail—in particular whether it threatens the foundations of EU law as a whole.

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Giragosian, Richard. The Armenian Imperative. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190673604.003.0009.

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As an informative case study, the oligarchy in Armenia pose a challenge to institutional capacity and political will, given their position as an entrenched obstacle to developing viable democratic institutions and building a sound market-based, rule-governed economy. Moreover, the emergence of so-called “oligarchs” in Armenia, through the formation of several commodity-based cartels, stands as a pressing problem threatening the next stage of economic reform, and may seriously undermine the sustainable development of the country. Armenia was hobbled by an especially unique post-Soviet experience, marked by the onset of independence during a state of war with neighboring Azerbaijan, and having to recover from a serious earthquake. Yet, there are several common traits and legacies among the former Soviet states in the South Caucasus that help to explain the emergence of oligarchs, or a business-political elite region-wide.

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12

Foreign assistance: U.S. economic and democratic assistance to the Central Asian republics : report to the chairman, Committee on International Relations, House of Representatives. The Office, 1999.

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13

Foreign assistance: U.S. economic and democratic assistance to the Central Asian republics : report to the chairman, Committee on International Relations, House of Representatives. The Office, 1999.

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14

Foreign assistance: U.S. economic and democratic assistance to the Central Asian republics : report to the chairman, Committee on International Relations, House of Representatives. The Office, 1999.

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15

Office, General Accounting. Foreign assistance: U.S. economic and democratic assistance to the Central Asian republics : report to the chairman, Committee on International Relations, House of Representatives. The Office, 1999.

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16

Berger, Tobias. The Project ‘Activating the Village Courts’. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198807865.003.0005.

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International donor agencies have only recently started again to turn towards non-state courts as potential sites for the promotion of human rights and the rule of law. This chapter analyses this turn by focusing on one project aimed at activating village courts in Bangladesh. The project is the largest donor-sponsored intervention in non-state justice systems anywhere in the world today. The chapter reconstructs the genesis of the project. It thereby not only reveals strong parallels between the contemporary project and its colonial predecessor but also shows how the contemporary project with the village courts emerged in recursive processes of translation between international bureaucrats and Bangladeshi legal experts. The chapter concludes with an analysis of the different ways in which the EU, UNDP, and local NGOs make sense of the village courts as institutions of the rule of law, democratic governance, and local justice.

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17

Pinto, Marcos José. Os crimes contra os direitos humanos praticados na ditadura militar brasileira: Justiça de transição e persecução penal. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-5861-050-2.

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This book aims to analyze the crimes against human rights that offended the Democratic Rule of Law in Brazil, committed by state agents in the Brazilian military dictatorship (1964/1985), asserting that they remained unpunished. In view of this, to address this issue, it is proposed that criminal offenders be held liable. The issue of our slow Transitional Justice will also be examined, arguing for the criminal prosecution of state agents who violated human rights in Brazil, demonstrating how and how this can occur, all in order to move away from impunity, hitherto guaranteed by the Brazilian Amnesty Law, ensuring the effectiveness of justice and the strengthening of democracy.

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18

Buffon, Marciano, and Ivan Luiz Steffens. Tributação e constituição: Por um modo de tributar hermeneuticamente adequado à principiologia constitucional brasileira. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-5861-066-3.

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The formal establishment of the Law and Democratic State by the 1988 Constitution introduces a paradigm shift with the commitment of a social nature to build a free, just and solidary society. In the tax field, this change suggests a targeted taxation to achieve these ends by the use of the redistributive function, with progressive taxation. However, despite the new institutional framework, the national taxation keeps regressive, and has promoted a redistribution of income in reverse. The study aims to address how taxation is being constructed and exercised, as well as its compliance with the paradigm of democratic rule of law. The analysis runs through the conceptual outlines of Law Democratic State, arising influence of the welfare state and Constitutionalism Contemporary post-war and the use of tax function in these state models. In the second phase, the study runs for the constitutional principles on tax matters, from the Hermeneutics of the Law Review, classified into two groups with a view to its relationship with the legal security and solidarity. Finally, it examines the composition of the tax burden and its discussion in the media, gathered with the possibility of greater transparency in taxation. It also analyzes the possibility of redistribution of the tax burden by applying the constitutional principles on taxes on income, wealth and consumption. The survey results indicate the need for structural modification of taxation in search of greater progressivity, given the current regressivity, which can be achieved by using the principle arsenal already provided by the Constitution.

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19

Belavusau, Uladzislau, and Aleksandra Gliszczynska-Grabias, eds. Constitutionalism under Stress. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198864738.001.0001.

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This volume is designed to mark the outstanding legacy of Professor Wojciech Sadurski’s scholarship in the field of comparative constitutional law. It provides a rich palette of chapters that aim to rethink the state of the art in this field, in light of the latest challenges to the foundations of liberal constitutionalism. Edited by former doctoral students of Professor Sadurski, the volume transcends the celebration of his major academic contributions by linking his pioneering writings, inter alia on Central and Eastern Europe (CEE), to core dilemmas in the turbulent state of the rule of law in western democracies. It consolidates contributions by numerous current and former students, as well as colleagues and friends around the globe in admiration of his didactic style, tireless work, civil dedication, and priceless commentary influencing the work of generations of constitutional scholars. Besides drawing on Wojciech’s fields of interest, the book aims to provide a full overview of the crucial dilemmas in dealing with the current decline of liberal democracies and populist challenges to the rule of law throughout Europe—events that he predicted early on in his writings about the Jörg Haider affair in Austria and the introduction of Article 7 TEU by the Amsterdam Treaty. The major themes of the chapters are thus as follows: 1. Populism and democratic decline in CEE; 2. The EU role: Article 7 TEU vis-à-vis the rule of law in Hungary and Poland; 3. Constitutional review and militant democracy: between public reason and new forms of populism.

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20

Brown, Howard G. The Politics of Public Order, 1795–1802. Edited by David Andress. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199639748.013.031.

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The Thermidorian National Convention, despite some efforts at ‘transitional justice’, failed to master the legacies of the Terror. Therefore, the fledgling regime needed to impose the new republican political order while also restoring basic law and order—two tightly entwined tasks. The Constitution of 1795 articulated a liberal democracy based on the rule of law, but political instability and endemic lawlessness led first to multiple violations of the constitution, especially in the wake of elections, and a steady shift from democratic republicanism toward ‘liberal authoritarianism’. This shift received added impetus during waves of repression intended to restore order on strictly republican terms. The result was the creation a new ‘security state’, one that combined coercive policing, administrative surveillance, exceptional justice, and militarized repression. The emergence of the new system helped to restore order, and thereby to legitimize the Consulate, but it also paved the road to personal dictatorship in 1802.

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21

Meierhenrich, Jens. The Remnants of the Rechtsstaat. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198814412.001.0001.

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This book provides an intellectual history of Ernst Fraenkel’s classic The Dual State (1941), one of the most erudite books on the theory of dictatorship ever written. Fraenkel’s was the first comprehensive analysis of the rise and nature of National Socialism, and the only such analysis written from within Hitler’s Germany. His sophisticated––not to mention courageous––analysis amounted to an ethnography of Nazi law. Because of its clandestine origins, The Dual State has been hailed as the ultimate piece of intellectual resistance to the racial regime. This book brings Fraenkel’s innovative concept of “the dual state” back in, restoring it to its rightful place in the annals of public law scholarship. Uniquely blending insights from legal theory and legal history, it tells in an accessible manner the truly suspenseful gestation of Fraenkel’s ethnography of law inside the belly of the behemoth. But this is also a book about the ordering presence of institutions more generally. In addition to upending conventional wisdom about the law of the “Third Reich,” it explores the legal origins of dictatorship elsewhere, then and now. It theorizes the idea of an authoritarian rule of law, a cutting edge topic in law-and-society scholarship, and thus also speaks to the topic of democratic backsliding in the twenty-first century.

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22

McConville, Mike, and Luke Marsh. The Myth of Judicial Independence. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198822103.001.0001.

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This book on the criminal justice system is uniquely positioned to examine judicial claims to independence, the politics of the judiciary, the rule of law, and the role of the executive in the context of a democratic polity. The authors have mined the British government’s archival vaults to assemble records including official (previously classified) Home Office files and present a ground-breaking narrative. By tracking the relationship between senior judges and the Home Office from the end of the nineteenth century to the modern day, revelations concerning the politics of the judiciary and the separation of powers are unearthed. The book argues that the claims of the senior judiciary to be independent of the executive are invalidated by historical records and the theory and practice of the separation of powers (the ‘Westminster Model’) deeply flawed. Rather, at every material point, civil servants compromised the role of the senior judiciary’s decision-making. Moreover, with the passive endorsement of senior judges, the executive repeatedly misled Parliament as to the authorship and provenance of fundamental rules governing the relationship of the individual to the state in relation to police powers of arrest, detention, and questioning. The book also explores the past and continuing impact of all this to former colonial territories and traces the close liaison between key members of the senior judiciary and the state in reconfiguring the modern criminal process in a way which weakens defence lawyers, pressurizes defendants into pleading guilty, and undermines cardinal adversarial protections.

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Books on the topic 'Democratic state governed by the rule of law'

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