Editor: Peter Burnell

Democratization is a major political phenomenon of the age and has been the focus of a burgeoning political science literature. This book considers democratization across a range of disciplines, from anthropology and economics, to sociology, law and area studies. The construction of democratization as a unit of study reflects the intellectual standpoint of the inquirer. The book highlights the use of normative argument to legitimize the exercise of power. From the 1950s to the 1980s, economic success enabled the authoritarian governments of South Korea and Taiwan to achieve a large measure of popular support despite the absence of democracy. The book outlines what a feminist framework might be and analyses feminist engagements with the theory and practice of democratization. It also shows how historians have contributed to the understanding of the processes of democratization. International Political Economy (IPE) has always had the potential to cut across the levels-of-analysis distinction. A legal perspective on democratization is presented by focusing on a tightly linked set of issues straddling the border between political and judicial power as they have arisen. Classic and contemporary sociological approaches to understanding democracy and democratization are highlighted, with particular attention being accorded to the post-1989 period. The book displays particularities within a common concern for institutional structures and their performance, ranging over the representation of women, electoral systems and constitutions (in Africa) and presidentialism (in Latin America). Both Europe and North America present in their different ways a kind of bridge between domestic and international dimensions of democratization.

Open Access (free)
John Mceldowney

100 DISCIPLINES 7 Law john mceldowney This chapter offers a legal perspective on democratization by focusing on a tightly linked set of issues straddling the border between political and judicial power as they have arisen in, first, the United Kingdom, second, Britain’s relationship with the European Union, and third, the wider international system. The discussion illustrates the claim that no analysis of democratization can be complete without taking into account the dimension of judicial power and its implications for democratic accountability even, perhaps

in Democratization through the looking-glass
Open Access (free)
Peter Burnell

studies highlights instead a growing tension between the principle of democratic accountability and the increase of judicial power. If, as some observers believe, the world is moving inexorably towards the elaboration of a right to democratic rule in international law, then both Drewry’s point and McEldowney’s cautioning could both take on even greater import. The last fifteen years or so have seen the rise of the so-called ‘new institutionalism’ in social sciences generally and political science specifically. This stresses the relative autonomy of institutions, and

in Democratization through the looking-glass
Open Access (free)
Peter Burnell

speak. Witness the impact European Union membership is now having on shifting the boundaries of judicial power in Britain, where, as McEldowney shows, we need a historical awareness to understand the antecedents and to appreciate the full significance of more recent advances in the ‘justicialization of government’. And it is also worth repeating, as Gonzales and King usefully remind us, that the United States made a quantum leap forward in respect of civil rights really only very recently – within the lifetime CONCLUSION 251 of American citizens now endeavouring to

in Democratization through the looking-glass
Open Access (free)
Alison Rowlands

councillors also helped ensure that witchcraft was never zealously prosecuted in Rothenburg. One of these priorities was the councillors’ belief that the judicial autonomy of Rothenburg and its right to freedom from external interference in the exercise of its judicial power were best expressed and maintained by 208 WITCHCRAFT NARRATIVES IN GERMANY quashing rather than fostering witch-trials. This idea was articulated most clearly during the trial of Hans Georg Hofmann in 1605, when jurist Friedrich Prenninger warned the council of the risk that Hofmann would complain to

in Witchcraft narratives in Germany
Cameron Ross

judicial) power on their territory, except for powers that were voluntarily transferred to the jurisdiction of the Russian Federation, 3 the right to enter into direct relations with other states and to exchange diplomatic and consular missions, 4 acknowledgement that federal principles of legislation would enter into force on their territories only after they were ratified by local bodies of power, and 5 recognition of their right to secede from the Russian Federation without any restraint.31 The regions in return continued to press for their status to be elevated to

in Federalism and democratisation in Russia
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George Philip

with tenured positions who do not show up to work at all, the ratio of patronage to permanent appointments in Latin American bureaucracies can be as high as 1 to 12. That is vastly higher than in the United States. In addition, judicial power is relatively weak in Latin America. Elected presidents sometimes simply refuse to implement the findings of the courts. Fujimori was notorious for not doing this in Peru, while Argentina’s president Eduardo Duhalde in January 2002 responded to an adverse Supreme Court decision on his government’s economic policies by decreeing

in Democratization through the looking-glass
Open Access (free)
Shaun Breslin

international norms of economic activity that largely reflect Western practices and interests. Their intention may not be explicitly to promote domestic democratization, but their consequences could have implications for democratization. Moreover, the hand of the state is not just evident in the economy; judicial power – or more correctly, judicial independence – is relatively weak in many East Asian states. Furthermore, it can be, and is, used to prosecute political opponents – a notable recent example being the trial of the former Malaysian Deputy Prime Minister, Anwar

in Democratization through the looking-glass
Cameron Ross

members, of whom 4 are elected by Congress, 4 by the Senate, 2 are appointed on the proposal of the Government Council, and 2 are appointed on the proposal of the General Council of Judicial Power. Whilst in Belgium, the members of the Court of Adjudication are simply elected by the multi-party Federal Assembly.32 The Russian Constitutional Court In Russia members of the Constitutional Court and the Supreme Court are appointed by the President subject to ratification of the Federation Council. However, the Russian Constitutional Court is organised according to federal

in Federalism and democratisation in Russia
Open Access (free)
Joseph Jaconelli

judicialpower, in contrast to that of a ‘legislative’ or ‘administrative’ power. At the sub-constitutional level, there are various privileges associated with judicial 19 Joseph Jaconelli functions. Those charged with their exercise might be exempted from civil liability for actions taken in the course of performing them. Or those who report the proceedings of a judicial body – typically the media – may enjoy immunities from forms of liability (e.g. defamation, contempt of court) that would otherwise attach to their publications. Sometimes, by contrast, there are more

in Judicial tribunals in England and Europe, 1200–1700