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The Rule of Law in Nascent Democracies

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This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power...
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  • 08 April 2004
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This book explains how the rule of law emerges and how it survives in nascent democracies.

The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts.

Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.

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Price: $75.00
Pages: 272
Publisher: Stanford University Press
Imprint: Stanford University Press
Publication Date: 08 April 2004
Trim Size: 9.00 X 6.00 in
ISBN: 9780804748124
Format: Hardcover
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"This book is a welcome addition to a young but growing body of scholarly work on rule-of-law construction in new democracies from a political science perspective. Rebecca Bill Chavez develops a persuasive study of the conditions under which rule of law is more likely to emerge, through an analysis of judicial politics at the national level in Argentina and in two of its provinces, San Luis and Mendoza." —Perspectives on Politics
Rebecca Bill Chavez is Assistant Professor of Political Science at the United States Naval Academy.