This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.

This study analyzes how elected leaders and high courts in Argentina and Brazil interact over economic governance.

This major new study examines the developing practice of universal jurisdiction, as well as the broader phenomenon of "globalizing" justice, and its ramifications. With a detailed overview of the contemporary practice of universal jurisdiction, it discerns three trends at work: pure universal jurisdiction, universal jurisdiction "plus", and non-use. It also argues that these disparities in practice should raise serious concerns as to the legitimacy and perceived legitimacy of such globalized justice. It then turns to a further consideration, that of globalized justice, precisely because it takes place far from the locus of the crime, and is therefore "externalized" and may fail to achieve many of its putative goals. In addition, this is a key assessment of civil accountability, through the use of the Alien Tort Claims Act in the United States. It details how the use of civil penalties may offer new avenues for redress, particularly with relation to group accountability, whether that of armed groups or of corporations. However, it balances this approach to accountability with recognition of certain flaws within externalized criminal accountability. This study also focuses on mixed tribunals, or other methods of internationalized justice as viable alternatives, which may avoid some of the problems with external justice, but are themselves far from perfect. Mixed or hybrid tribunals in East Timor and Sierra Leone represent different models of hybrid justice and provide the reader with excellent examples of these new forms of justice in action. This book will be of great interest to all students and scholars of human rights international law and political science.

Through a reappraisal of rule of law and democracy the contributors provide for a fresh set of inquiries, from the State, consolidated and transitional democracies, to interstate, European and global scenarios. They converge in tackling empirical and normative questions, and suggest further connections between rule of law and democracy.

Do political leaders determine whether a polity will receive a democratic future or not? Research and advocates of democracy agree on the significance of political elites for democratization, yet there is a need for a more specific understanding of their role. This book develops a theory of political leadership at the point of nascent statehood to explain the emergence of resilient democracies. It employs four diverse case studies to examine the role of leadership and democratic consolidation. In doing so, the book identifies certain capacities of political leaders at the critical moment of nascent statehood as decisive to the future democratic quality of their state. This book will be of interest to students and scholars of international relations, democratization studies, state building, leadership, nationalism, Middle Eastern studies and South Asian studies.

This volume analyzes the function of informal institutions in Latin America and how they support or weaken democratic governance. Drawing from a wide range of examples—including the Mexican dedazo, clientelism in Brazil, legislative "ghost coalitions" in Ecuador, and elite power-sharing in Chile—the contributors examine how informal rules shape the performance of state and democratic institutions, offering fresh and timely insights into contemporary problems of governability, "unrule of law," and the absence of effective representation, participation, and accountability in Latin America. The editors present this analysis within a fourfold conceptual framework: complementary institutions, which fill gaps in formal rules or enhance their efficacy; accommodative informal institutions, which blunt the effects of dysfunctional formal institutions; competing informal institutions, which directly subvert the formal rules; and substitutive informal institutions, which replace ineffective formal institutions.

This collection presents a comprehensive engagement of issues of human rights in an increasingly globalized world. As the role of the rule of law has moved beyond the confines of the state and beyond the interactions of states, how and when law protects human rights has become a central issue of concern. These essays shed light on both the immediate and the long-term future of a variety of issues located at the intersection of globalized law and the protection of the rights of individuals. Here both top-down mechanisms and bottom-up mechanisms for the fulfilment of human rights are artfully explained. This volume presents frontiers of research in human rights in both substance and approach using a variety of methodologies to engage issues ranging from national court compliance, norm diffusion, and the role of the judiciary in fulfilling human rights to human trafficking, same-sex marriage, and judicial institution building through non-governmental organizations. This book was published as a special issue of the Journal of Human Rights.

The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

International Relations have rarely been considered a synthesis of humanistic and social sciences approaches to understand the complex connections of a global, and globalizing, world. One of the few scholars to have accomplished this creative blend was Hayward R. Alker. Alker and IR presents a set of visionary and original essays from scholars who have been profoundly influenced by Alker's approach to global studies. They build on the foundation he laid, demonstrating the practicality and usefulness of ethically grounded, theoretically informed and interdisciplinary research for producing knowledge. They show how substantive boundaries can be crossed and methodological rules rewritten in the search for a deeper, more contextualized approach to global politics. This book will be of interest to researchers and students of international relations and global politics.