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Democracy and the Rule of Law

Democracy and the Rule of Law

$42.99 (P)

Part of Cambridge Studies in the Theory of Democracy

José María Maravall, Adam Przeworski, Stephen Holmes, Ignacio Sánchez-Cuenca, Michel Troper, Barry R. Weingast, Roberto Gargarella, Catalina Smulovitz, Robert Barros, Carlo Guarnieri, John Ferejohn, Pasquale Pasquino, José María Maravall, Biancamaria Fontana
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  • Date Published: July 2003
  • availability: Available
  • format: Paperback
  • isbn: 9780521532662

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About the Authors
  • 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.

    • Cross-disciplinary: law, politics, economics, philosophy
    • Multi-methodological: analytical, comparative, historical, case studies
    • Multi-country authors
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    Reviews & endorsements

    "[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

    • Date Published: July 2003
    • format: Paperback
    • isbn: 9780521532662
    • length: 334 pages
    • dimensions: 228 x 154 x 21 mm
    • weight: 0.44kg
    • contains: 1 b/w illus. 1 table
    • availability: Available
  • Table of Contents

    List of contributors
    Acknowledgments
    Introduction José María Maravall and Adam Przeworski
    Part I:
    1. Lineages of the rule of law Stephen Holmes
    2. Power, rules, and compliance Ignacio Sánchez-Cuenca
    3. Obedience and obligation in the Rechtsstaat Michel Troper
    4. A postscript to 'Political foundations of democracy and the rule of law' Barry R. Weingast
    5. Why do political parties obey results of elections? Adam Przeworski
    Part II:
    6. The majoritarian reading of the 'rule of law' Roberto Gargarella
    7. How can the rule of law rule? Cost imposition through decentralized mechanisms Catalina Smulovitz
    8. Dictatorship and the rule of law: rules and military power in Pinochet's Chile Robert Barros
    Part III:
    9. Courts as instruments of horizontal accountability: the case of Latin Europe Carlo Guarnieri
    10. Rule of democracy and rule of law John Ferejohn and Pasquale Pasquino
    11. The rule of law as a political weapon José María Maravall
    12. The question of the rule of law in Michel de Montaigne's Essais Biancamaria Fontana
    Author index
    Subject index.

  • Editors

    José María Maravall, Center for the Advanced Study of the Social Sciences, Madrid

    Adam Przeworski, New York University

    Contributors

    José María Maravall, Adam Przeworski, Stephen Holmes, Ignacio Sánchez-Cuenca, Michel Troper, Barry R. Weingast, Roberto Gargarella, Catalina Smulovitz, Robert Barros, Carlo Guarnieri, John Ferejohn, Pasquale Pasquino, José María Maravall, Biancamaria Fontana

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