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Constitutional Theocracy
At the intersection of two sweeping global trends—the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review—a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as “a” or “the” source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. A unique hybrid of apparently conflicting worldviews, values, and interests, constitutional theocracies thus offer an ideal setting—a “living laboratory” as it were—for studying constitutional law as a form of politics by other means. In this book, Ran Hirschl undertakes a rigor...
Governance for the 21st Century
In recent years, corruption has become a major threat to political systems around the world due to its ability to damage and destabilize national as well as international democratic institutions. Since the end of the Cold War, corruption has not entirely changed in its pathology. However, this phenomenon has become a serious political and economic danger for states and regions, especially in Latin America. This book analyzes recent concerns raised by the problem of this region, focusing on three countries: Argentina, Chile and Ecuador. It gives an overview of definitions, forms and typologies of corruption as well as its causes and effects. Moreover, the book introduces and discusses different approaches offered as solutions to corruption. The case studies allow a possible explanation of the degree of propensity that these countries show towards corruption.
Dictatorship and Information
Fear pervades dictatorial regimes. Citizens fear leaders, the regime's agents fear superiors, and leaders fear the masses. The ubiquity of fear in such regimes gives rise to the "dictator's dilemma," where autocrats do not know the level of opposition they face and cannot effectivelyneutralize domestic threats to their rule. The dilemma has led scholars to believe that autocracies are likely to be short-lived.Yet, some autocracies have found ways to mitigate the dictator's dilemma. As Martin K. Dimitrov shows in Dictatorship and Information, substantial variability exists in the survival of nondemocratic regimes, with single-party polities having the longest average duration. Offering a syst...
Proportionality and Transformation
This is the first book on the theory and practice of proportionality in Latin American constitutional law.
Development in Theory and Practice
This definitive reader brings together seminal articles on development in Latin America. Tracing the concepts and major debates surrounding the issue, the text focuses on development theory through three contrasting historical perspectives: imperialism, underdevelopment and dependency, and globalization. By offering a rich array of essays from Latin American Perspectives, the book allows students to sample all the important trends in the field. A new general introduction and conclusion, along with part introductions, contextualize each selection. One of the leading figures in development studies, Ronald Chilcote shows in this text why work on imperialism dating to the turn of the twentieth c...
Democracy and the Rule of Law
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.
The Evolution of Macroeconomic Theory and Policy
The Great Depression of the 1930s gave birth to a branch of economics christened macroeconomics. This highly readable book presents an unconventional and timely perspective on macroeconomics – the interplay of theory and policy in a historical context.
Comparative Law and Society
Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach...
Institutions and Social Conflict
A thorough critique of theories of institutional change followed by the development of a new theory emphasising the role of distributional conflict in the emergence of social institutions.
The Struggle for Constitutional Power
For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional ...
