This comprehensive Research Handbook provides a detailed account of law and democracy through an examination of three key themes: democratic legal institutions, democratic legal theories and contemporary challenges to democracy. It provides case studies of legal democracy, presenting new insights into democratic processes, procedures and rights.
This comprehensive
Research Handbook provides a detailed account of law and democracy through an examination of three key themes: democratic legal institutions, democratic legal theories and contemporary challenges to democracy. It provides case studies of legal democracy, presenting new insights into democratic processes, procedures and rights.
Chapters focusing on democratic legal institutions discuss representative and referendum democracy, federalism, political parties, knowledge institutions, and courts. The next theme analyses democratic legal theories and canvasses socio-legal perspectives of democracy and law, drawing on procedural, deliberative, economic and feminist approaches. Finally, chapters exploring the challenges to democracy consider questions arising from economic, environmental and geopolitical trends. Expert authors cover international law, supranational law (such as the European Union) and domestic law concerned with democracy and democratic backsliding. They also investigate established, emerging and new democracies across six continents and provide in-depth analyses, explaining how legal democracy functions.
Assessing fundamental questions about law and democracy, this Research Handbook is a crucial resource for legal academics, students, practitioners and political scientists.
Arvustused
As established democracies deconsolidate around the world, scholarly interest in the phenomenon has understandably grown. This edited collection stands out for two reasons: it adopts an intellectual vantage point that is global in outlook, considering the perspective of smaller democracies that are typically ignored in the canon. Secondly, it pays attention not just to domestic democratic concerns within polities, but also the democratic deficit in the international world order. For these reasons, and for the exceptional calibre of its contributors, a must-read for any scholar of democracy. -- Tarun Khaitan, London School of Economics and Political Science, UK This Research Handbook is a wonderful resource for students, scholars, and practitioners of democracy. It is an important gathering of materials providing thoughtful reflection and valuable insights for all involved in the democratic project. Through bringing together scholars of constitutional democracy, including election law, representative democracy, and writing about democratic decline and renewal, the book achieves what it states it sets out to do it deepen[ s] our understanding of constitutional democracy and broaden[ s] our understanding of the field. Indeed, the books breadth of scholars and practitioners ensures its ongoing value to citizens from all over the globe. -- Kim Rubenstein, University of Canberra, University of Technology Sydney and Australian National University, Australia
Contents
Preface ix
Acknowledgments xi
PART I INTRODUCTION
1 An introduction to the Research handbook on law and democracy 2
Glenn Patmore
2 Researching law and democracy: a primer 26
Glenn Patmore
PART II DEMOCRATIC LEGAL INSTITUTIONS
3 The law of democratic governance in the European Union 50
Mattias Wendel
4 Law, federalism and democracy 71
Nicholas Aroney
5 Deliberative democracy and referendums: against aggregation and
populism 88
Hoi L Kong
6 Political parties and constitutional democracy 103
Catherine ORegan
7 Knowledge institutions and democratic backsliding: a research agenda 122
Vicki C Jackson
8 Courts and democracy 140
Stephen Gardbaum
PART III DEMOCRATIC LEGAL THEORIES
9 Procedural democracy and the law 156
Juan F González Bertomeu and Maria Paula Saffon
10 Law and deliberative democracy: current questions 173
Ron Levy
11 Feminist theory, democratic theory, and the law 191
Susan H Williams
12 Economic democracy: a brief history and the laws that make it 205
Ewan McGaughey
PART IV CHALLENGES TO DEMOCRACIES
13 Environmental democracy and law on public participation 228
Maria Lee
14 Climate litigation and democracy 248
Fiona McGaughey, Alex Gardner, Sharon Mascher and Marco Rizzi
15 Democracy-building, law and conflict: the case of Afghanistan 270
William Maley
16 Frightened by the wrong ghosts: Russia, the west, and democracy 286
Jeffrey Kahn
17 Chinas challenge to liberal democracy 307
Chu Shuyu and Luo Jiajun
18 Constitutional unamendability and democracy in Taiwan 326
Chien-Chih Lin
19 Law and democracy in the Pacific Islands: custom, convention, and courts
342
Derek Futaiasi and Joanne Wallis
20 Brexit and its implications for democratic governance in the United
Kingdom 359
Aileen McHarg
21 A historical gloss on jurisdiction stripping and January 6th 377
Charquia Venee Wright Fegins
22 Subverting the constitution: the pre-eminence of South Sudans military
391
Mark Atem Wek Deng
23 The limits of consensus for democratic transition: two decades after
Indonesias constitutional reform 407
Abdurrachman Satrio
24 Minorities and the (un-)making of Indian democracy 423
Aparna Chandra
25 Democracy, democratisation and political equality: a case study of
prisoner
disenfranchisement law 446
Glenn Patmore
Index 467
Edited by Glenn Patmore, Associate Professor of Law, Melbourne Law School, The University of Melbourne, Australia
