Democracy and the Rule of Law
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Democracy and the Rule of Law by Jose Maria Maravall
Book DescriptionThis book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
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Book DetailsISBN: 9780521532662
(228mm x 152mm x 19mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 21-Jul-2003
Country of Publication: United Kingdom
Books By Author Jose Maria Maravall
Demands on Democracy, Hardback (May 2016)
A thorough examination of the past and present experience of representative democracies and how it relates to the normative claims of democratic theory.
Controlling Governments, Paperback (November 2007)
The extent to which citizens control government.
Democracy and the Rule of Law, Hardback (July 2003)
Addresses why governments sometimes follow the law and other times choose to evade the law.
Regimes, Politics and Markets, Hardback (February 1997)» View all books by Jose Maria Maravall
This ambitious study, by a leading Spanish social scientist, analyses the mutual relationships between politics and the economy. Focusing on the experiences of Southern and Eastern Europe, it examines the complex relationships between democracies, economic growth, social redistribution, and political culture.
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