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| 1 |
ID:
117198
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2012.
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| Summary/Abstract |
As argued in a recent article by Keohane, Macedo, and Moravcsik, 'democracy-enhancing multilateralism' highlights the potential ways in which international organisations can enhance domestic democracy. The thesis raises an important question about the conditions which shape the likelihood that multilateralism will have such democratising effects. This article responds to the question of conditionality, looking at one way in which democracy may be improved by multilateralism-through the expansion of rights protections. That is, under what conditions will domestic democratic processes garner an improved ability to protect rights as a result of a state's participation in multilateral institutions? Using most likely empirical cases - the European Union (EU) and the Council of Europe (COE) - this article argues that three conditions affect the likelihood that rights expansion will result from multilateral legal institutions. Together the compatibility between the international legal principle and pre-existing domestic law, legal mobilisation, and the precision and obligation of the international law have significant affect on the likelihood of rights expansion. The unique contribution here is a set of conditions that helps to understand when and where rights are likely to expand as a result of a state's participation in international organisations.
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| 2 |
ID:
090368
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2009.
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| Summary/Abstract |
International organizations are widely believed to undermine domestic democracy. Our analysis challenges this conventional wisdom, arguing that multilateral institutions can enhance the quality of national democratic processes, even in well-functioning democracies, in a number of important ways: by restricting the power of special interest factions, protecting individual rights, and improving the quality of democratic deliberation, while also increasing capacities to achieve important public purposes. The article discusses conflicts and complementarities between multilateralism and democracy, outlines a working conception of constitutional democracy, elaborates theoretically the ways in which multilateral institutions can enhance constitutional democracy, and discusses the empirical conditions under which multilateralism is most likely to have net democratic benefits, using contemporary examples to illustrate the analysis. The overall aim is to articulate a set of critical democratic standards appropriate for evaluating and helping to guide the reform of international institutions.
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