The Alchemists: Questioning our Faith in Courts as DemocracyBuilders (Cambridge Studies in Constitutional Law, Series Number 18,Used

The Alchemists: Questioning our Faith in Courts as DemocracyBuilders (Cambridge Studies in Constitutional Law, Series Number 18,Used

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Categories : Law
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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 democracybuilding for postauthoritarian 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 democracybuilders, this book argues that the decadeslong trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counterproductive. Offering a sustained corrective to unrealistic perceptions of courts as democracybuilders, the book points the way toward a much needed rethinking of democracybuilding models and a reevaluation of how we employ courts in this role.

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