Democracy and the Rule of Law (Cambridge Studies in the Theory of Democracy)

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9780511610066: Democracy and the Rule of Law (Cambridge Studies in the Theory of Democracy)

An international group of specialists from the fields of law, politics, economics, and philosophy address the question of why governments act or do not act according to laws. The authors interpret the rule of law as a strategic choice of actors with powerful interests, rather than as an exogenous constraint on politicians. The rule of law emerges when no group is strong enough to dominate the others, and political actors seek to resolve their conflicts by recourse to law. Law is thus deeply rooted in politics.

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Book Description:

This book addresses why governments sometimes follow the law and other times choose to evade the law. It interprets the rule of law as a strategic choice of actors with powerful interests, rather than as an exogenous constraint on politicians. The rule of law emerges when no one group is strong enough to dominate the others and when political actors seek to resolve their conflicts by recourse to law. Law is thus deeply rooted in politics. Conflicts between rule of majority and rule of law are simply conflicts in which actors use either votes or laws as their instruments of power.

Review:

"[T]his book is clearly a must read for anyone interested in the question of what causes democracy and/or the rule of law." The Law and Politics Book Review

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