Del 18 - Cambridge Studies in Constitutional Law

The Alchemists

Questioning our Faith in Courts as Democracy-Builders

Inbunden, Engelska, 2017

Av Tom Gerald Daly, Tom Gerald (University of Melbourne) Daly

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Can courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.

Produktinformation

Utgivningsdatum2017-11-02
Mått158 x 235 x 25 mm
Vikt670 g
FormatInbunden
SpråkEngelska
SerieCambridge Studies in Constitutional Law
Antal sidor390
FörlagCambridge University Press
ISBN9781108417945

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Tom Gerald Daly is a Fellow of Melbourne Law School, Associate Director of the Edinburgh Centre for Constitutional Law at Edinburgh Law School, and a consultant on public law, human rights, and democracy-building. He has previously clerked for the Chief Justice of Ireland, and has worked at the Judicial Studies Institute and Edinburgh University's Global Justice Academy. As a consultant, he has worked on Council of Europe, European Union, International IDEA (Institute for Democracy and Electoral Assistance), and Irish government projects.

Preface: our court obsession; Acknowledgments; Table of cases; List of abbreviations; Introduction: an onerous role for courts as democracy-builders; 1. The core concept: democratisation; 2. The rise and limits of constitutional courts as democracy-builders; 3. The rise and limits of human rights courts as democracy-builders; 4. 'Democratisation jurisprudence': framing courts' democracy-building roles; 5. Domestic democratisation jurisprudence in action: Brazil since 1988; 6. Regional democratisation jurisprudence: shaping democracy from outside; 7. What should courts do in a young democracy? Rethinking our approach; Concluding thoughts: moving beyond our court obsession; Bibliography; Index.

'This extraordinarily timely work deals with a critical question for democratisation about the weight of the expectations placed on constitutional and human rights courts. The work is global in its focus, soundly based in fact, impeccably researched and convincingly argued. It will be a staple of the democratisation literature for some time to come.' Cheryl Saunders, Laureate Professor Emeritus, Melbourne Law School and Co-convenor of Constitution Transformation Network