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| 1 |
ID:
168544
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| Summary/Abstract |
For many, the growing judicialization of international relations is the next step in the process toward the complete legalization of international politics. We draw on the literature in comparative judicial politics to examine the limits of the phenomenon. The domestic literature on judicialization portrays the process as something of a one-way ratchet. In an increasingly juridified world, judges have been asked to take on greater roles in global governance, and they seem to be doing so with aplomb. This in turn incentivizes individuals and interest groups to frame their policy claims in legal terms, providing ever-more fuel for judicial governance. Yet many courts and other legal institutions, both domestic and international, have had their jurisdiction constrained, with some areas of law removed from judicial purview. Might the dynamics of constraint and backlash lead to the dejuridification of an area that has been judicialized? We conceptualize the possibility of what we call dejudicialization, situate it in the context of the literature on backlash, and delimit its potential scope and implications. While dejudicialization is empirically rare, we argue that its very possibility suggests that judicialization should not be considered a teleological process.
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| 2 |
ID:
186731
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| Summary/Abstract |
The Universal Declaration of Human Rights (UDHR) is thought to have shaped constitutions profoundly since its adoption in 1948. The authors identify two empirical implications that should follow from such influence. First, UDHR content should be reflected in subsequent national constitutions. Second, such reflections should bear the particular marks of the UDHR itself, not those of the postwar zeitgeist more broadly. The authors examine the historical evidence at various levels to identify and untangle the UDHR's impact. In a macro analysis, they leverage an original data set on the content of constitutions since 1789. They explore historical patterns in the creation and spread of rights, and test whether 1948 exhibits a noticeable disruption in rights provision. The authors build a multivariate model that predicts rights provision with constitution- and rights-level covariates. To gain further analytic leverage, they unearth the process that produced the UDHR and identify plausible alternative formulations evident in a set of discarded proposals. The authors further test the plausibility of UDHR influence by searching for direct references to the document in subsequent constitutional texts and constitutional proceedings. The evidence suggests that the UDHR significantly accelerated the adoption of a particular set of constitutional rights.
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| 3 |
ID:
080759
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| Publication |
2008.
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| Summary/Abstract |
In an era when democratization is stalled or in retreat in many parts of the world, it is important to highlight the successful democratic experience of East and Southeast Asia in recent decades. Five consolidated democracies have emerged since the mid-1980s; only Thailand has seen some backsliding with the 2006 coup. The Asian cases provide insights into several major debates in the democratization literature, including the relative importance of culture, history, economic structure, and the optimal sequencing of political and economic reform. This article reviews these issues, with particular attention to the role of outside powers in underpinning democratization. Ultimately, the Asian cases offer evidence for optimism about the prospects of a Fourth Wave of democratization.
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| 4 |
ID:
007980
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| Publication |
May 1995.
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| Description |
459-471
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