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Democracy and the Rule of Law / Edition 1

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Overview

An international group of specialists from the fields of law, politics, economics, and philosophy address the question of why governments act or do not act according to laws. The authors interpret the rule of law as a strategic choice of actors with powerful interests, rather than as an exogenous constraint on politicians. The rule of law emerges when no group is strong enough to dominate the others, and political actors seek to resolve their conflicts by recourse to law. Law is thus deeply rooted in politics.
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Editorial Reviews

From the Publisher
"[T]his book is clearly a must read for anyone interested in the question of what causes democracy and/or the rule of law." The Law and Politics Book Review
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Product Details

  • ISBN-13: 9780521532662
  • Publisher: Cambridge University Press
  • Publication date: 11/28/2010
  • Series: Cambridge Studies in the Theory of Democracy Series , #5
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 334
  • Product dimensions: 5.98 (w) x 8.98 (h) x 0.75 (d)

Table of Contents

List of Contributors
Acknowledgments
Introduction 1
1 Lineages of the Rule of Law 19
2 Power, Rules, and Compliance 62
3 Obedience and Obligation in the Rechtsstaat 94
4 A Postscript to "Political Foundations of Democracy and the Rule of Law" 109
5 Why Do Political Parties Obey Results of Elections? 114
6 The Majoritarian Reading of the Rule of Law 147
7 How Can the Rule of Law Rule? Cost Imposition through Decentralized Mechanisms 168
8 Dictatorship and the Rule of Law: Rules and Military Power in Pinochet's Chile 188
9 Courts as an Instrument of Horizontal Accountability: The Case of Latin Europe 223
10 Rule of Democracy and Rule of Law 242
11 The Rule of Law as a Political Weapon 261
12 The Rule of Law and the Problem of Legal Reform in Michel de Montaigne's Essais 302
Author Index 317
Subject Index 321
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