The Alchemists: Questioning Our Faith in Courts as Democracy-Builders

ISBN-13: 9781108406086 / Angielski / Miękka / 2018 / 395 str.

Tom Gerald Daly

Opis

This book presents a searching critique of excessive reliance on courts as 'democracy-builders' in states emerging from authoritarian rule.

Recenzje

'Comparative constitutionalists, political scientists, and policymakers have recently shown great faith in the work of courts in new democracies. Anchored by a rich case study of Brazil and drawing on a wide range of comparative evidence, The Alchemists is not only an important caution pushing back against this trend, but also provides a thoughtful map of the ways in which domestic and international courts might work towards a more achievable role conception. Scholars of courts and democratization processes will benefit immensely from grappling with Tom Gerald Daly's arguments.' David E. Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law

Spis treści

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.