Twenty-five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the failed democratic promises of the Arab Spring. What lessons can be drawn from these struggles? What conditions or institutions are needed to prevent the collapse of democracy? This book argues that the most significant antidote to authoritarianism is the presence of strong constitutional courts. Distinct in the third wave of democratization, these courts serve as a bulwark against vulnerability to external threats as well as internal consolidation of power. Particular attention is given to societies riven by deep divisions of race, religion, or national background, for which the courts have become pivotal actors in allowing democracy to take root.... the cost of bargaining, as recognized in the Uniform Commercial Codea#39;s approach to majoritarian defaults in private contracts. ... 65 (1995). For an interesting analogy to the ability of laws governing marriage and divorce to alter the availability of ... 45 See Mercedes Adamuz PeApa, Essays on Bargaining with Outside Options: The Role of Procedure (SaarbrA¼cken, ... 2010), full text available at http://www.tdx.cat/bitstream/handle/10803/4059/map1de1.pdf?sequence=1 ( arguing that theanbsp;...
|Publisher||:||Cambridge University Press - 2015-06-19|