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.

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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
The Catholic challenge during the Thirty Years’ War

-standing and extremely acrimonious battle 108 WITCHCRAFT NARRATIVES IN GERMANY to defend its judicial and political power in Gebsattel, a battle which had acquired an additional religious edge in the spring of 1627. As discussed in the Introduction, Rothenburg was situated in a part of early modern Germany where rights over land and people were particularly fragmented and subject to competing claims from rival lords.11 The village of Gebsattel was one of the biggest thorns in the flesh of the city councillors in the context of their attempts to defend and extend

in Witchcraft narratives in Germany
The trial in history, volume I

This book examines trials, civil and criminal, ecclesiastical and secular, in England and Europe between the thirteenth and the seventeenth centuries. The cases examined range from a fourteenth century cause-célèbre, the attempted trial of Pope Boniface VIII for heresy, to investigations of obscure people for sexual and religious offences in the city states of Geneva and Venice. These are examples of the operation in the past of different legal, judicial systems, applied by differently constituted courts, royal and manorial, secular and ecclesiastical, which adopted different procedures, adversarial and inquisitorial. Ranging from the thirteenth to the seventeenth century, the book considers criminal trials and civil litigation conducted in royal, manorial and Church courts in late medieval and early modern England. These trials concentrate on the structure, jurisdiction, functions, and procedures of the courts and on the roles of the judges of fact and of law, both amateur and professional, who composed them. The trials of Giorgio Moreto and of Laura Querini were influenced by the politics of the Venetian State and its ongoing and highly charged relationship with the power of the Church. Discussing the legal history of continental Europe, the book then shifts the emphasis from the judges and jurors to the prisoners arraigned before the courts, to the victims of prosecution or to the highly questionable images of them created by their enemies.

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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
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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
Towards atypology of the treatment of corpses of ‘disappeared detainees’ in Argentinafrom 1975 to 1983

the Argentine state in most known cases. Soldiers, members of the security forces (police officers, gendarmes, municipal prison staff, and National Prison Service personnel), and civilians were organized to kidnap, torture, murder, and pillage, and to destroy and/or hide the corpses of an as yet indeterminate number of people accused of belonging to ‘the subversion’. In the terminology used at the time, this was the ‘war on subversion’. The military junta remained in power until 1983, when demo­ cratic elections were held. Between 1984 and 1985, an investigation

in Destruction and human remains
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The bodyand counter-revolutionary warfare inapartheid South Africa

separation from a prior self, it remains available as a ‘medium for searing assertions of power’.45 This interest intersects with certain aspects regarding the agency of the dead body as well as the ‘return to materiality’ in conditions of violence.46 If, as has been argued, the move to extra-judicial elimination suggests not unfettered power of the apartheid state but rather its limits, nonetheless the above account demonstrates how this constraint became generative of new forms of power over the body. While bodies buried or obliterated had no further value (except

in Destruction and human remains
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avoided if we see the main task of the rule of law as the prevention of arbitrary rule. Two broad approaches are identified. The first centres on the very nature of rules and the constraints that arise from following them. The second focuses on political checks and balances for constraining power. Though related, both historically and substantively, I shall argue the second offers the chief defence. Sections 2 and 3 defend this

in Political concepts
Managing the criminal facets of war economies

impartiality. In Kosovo, ‘the separation of powers, a classical requirement for allowing a system of checks and balances, and therefore guaranteeing democratic governance, is entirely absent’ (Brand, 2002: 471). UNMIK’s substantial executive powers over judicial and security institutions for nearly a decade is a case in point. Under Regulation 1999/1 (1999b), UNMIK had the power to appoint and remove judicial staff based on its own assessments and judgements. One interviewee confirmed this as a problem, stating there was ‘serious interference of the SRSG in the nomination of

in Building a peace economy?