This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.

The Turkish experience in constitution-making can be described as a series of missed opportunities to create political institutions based on broad consensus. None of the three republican constitutions (those of 1924, 1961, and 1982), nor the Ottoman Constitution of 1876 was written by a Constituent or a Legislative Assembly broadly representative of social forces or through a process of negotiations, bargaining, and compromise. Consequently, they all had weak political legitimacy. No doubt, the prospects of EU membership provided a powerful stimulus for these constitutional reforms as well as the nine harmonization packages. With these reforms, Turkey has sufficiently satisfied the Copenhagen political criteria and started accession negotiations with the EU. It would be wrong to assume, however, that these reforms were simply an outcome of Turkey's desire to join the EU. They also responded to the society's demands for a more democratic and liberal political system. Book jacket.

This handbook provides a comprehensive analysis of the dynamics and prospects of democratization in East Asia. A team of leading experts in the field offers discussion at both the country and regional level, including analysis of democratic attitudes and movements in China, Japan, South Korea, and Taiwan. Evaluating all the key components of regime evolution, from citizen politics to democratic institutions, the sections covered include: • Regional Trends and Country Overviews • Institutions, Elections, and Political Parties • Democratic Citizenship • Democratic Governance • The Political Economy of Democratization Examining the challenges that East Asian emerging democracies still face today, as well as the prospects of the region's authoritarian regimes, the Routledge Handbook of Democratization in East Asia will be useful for students and scholars of East Asian Politics, Comparative Politics, and Asian Studies.

This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: there are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.

The development of Russian democracy has been a gradual process of maturation punctuated by dramatic events. This text examines events such as the first free elections, the Russian parliament's resistance to the 1991 coup, and the bloody confrontation with the military in 1993.

This book examines in depth the impact of the EU on aspects of the quality of democracy in eight selected post-communist countries. Considering both the political and legal aspects of the dynamics among institutions and focussing on inter-institutional accountability, the book analyses how constitutional designs have been effectively implemented to achieve this, and to what extent this was the result of EU action. In order to make a comparative assessment of the EU on democracies, the book features detailed case studies according to their different status vis-à-vis the EU, including older new member states: Poland and Hungary; newer new member states: Romania and Bulgaria; potential candidates: Albania and Serbia; and neighbour and remote neighbour states: Ukraine and Armenia. Each chapter addresses a range of dimensions and most relevant domains of inter-institutional accountability, that is: executive-legislative relationships; constitutional justice; decentralisation and regionalism; and the role of ombudsman or other relevant authorities. Seeking to assess how important the role of the EU has been in influencing the modes and characteristic of democracies and fundamental rights established in these regions, this book will be of interest to students and scholars of comparative politics, EU politics, Post-communist studies and democratization studies.

In May 1998 the fall of Suharto marked the beginning of a difficult and multi-layered transition process. It was accompanied by intensified conflict in the political arena, a dramatic increase of ethnic and religious violence and the danger of national disintegration. Ten years after the collapse of the New Order, Indonesia has made significant progress, however the quality of democracy is still low. Theoretically innovative and empirically sound, this book is an in-depth analysis of the Indonesian reform process since 1998. Marco Bünte and Andreas Ufen bring together a selection of noted Indonesia experts to provide new insights into the restructuring of core state institutions, the empowerment of Parliament, the slow and difficult evolution of the rule of law, and the transfer of power to locally elected regional governments (decentralization). Based on the results of extensive fieldwork, Democratization in Post-Suharto Indonesia will be an important read for scholars engaged in research on Indonesia and the politics of Southeast Asia.

The essays in this volume examine democracy’s development in the United States, demonstrating how that process has shaped—and continues to shape—the American political system. Scholars of American politics commonly describe the political development of the United States as exceptional and distinct from that of other advanced industrial democracies. They point to the United States as the longest-lived and most stable liberal democracy in history. What they often fail to mention, though, is that it took considerable time to extend democracy throughout the country. The contributors to this volume suggest that it is intellectually fruitful to consider the U.S. case in comparison to other countries. They argue that the development of democracy is ongoing in America; that even with a written constitution grounded in liberal democracy, the meaning and significance of U.S. democracy are still evolving. This volume shows that democratization and the pursuit of democracy are processes affected by multiple and continuing challenges—including such issues as citizenship, race, institution building, and political movements—as patterns and practices of politics and governance continue to change. This innovative approach contributes significantly to comparative democratization studies, a field normally confined to Latin America and former communist countries. The U.S. case is a unique reference point for students of American political development and comparative democratization.

This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.

Democratization emerged at a time of epochal change in global politics: the twin impacts of the end of the Soviet Union and the speeding up and deepening of globalisation in the early 1990s meant a whole new ball game in terms of global political developments. The journal’s first issue appeared in early 1994. Over time, the editorial position has been consistently to focus on ‘the third wave of democracy’ and its aftermath. The third wave is the most recent exemplar of a long-term, historical trend towards more democratically viable regimes and away from authoritarian systems and leaders. In short, the journal wants to promote a better understanding of democratization – defined as the way democratic norms, institutions and practices evolve and are disseminated both within and across national and cultural boundaries. Over the years, the many excellent articles that we have featured in the journal have shared our focus on democratization, viewed as a process. The journal has sought – and continues to seek – to build on the enduring scholarly and of course popular interest in democracy, how and why it emerges, develops and becomes consolidated. Our emphasis over the last 20 years has been contemporary and the approach comparative, with a strong desire to be both topical and authoritative. We include special reference to democratization in the developing world and in post-communist societies. In sum, just as 20 years ago, the journal today aims to encourage debate on the many aspects of democratization that are of interest to policy-makers, administrators and journalists, aid and development personnel, those involved in education, and, perhaps above all, the tens of millions of ordinary people around the world who do not (yet) enjoy the benefits of living under democratic rule. The two dozen articles collected in this ‘virtual’ special issue are emphatic proof of the power of the written word to induce debate, uncertainty, and ultimately progress towards better forms of politics, focused on the achievement of the democratic aspirations of men and women everywhere.