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Democracy and Political Ignorance: Why Smaller Government Is Smarter, Second Edition
by Ilya SominOne of the biggest problems with modern democracy is that most of the public is usually ignorant of politics and government. Many people understand that their votes are unlikely to change the outcome of an election and don't see the point in learning much about politics. This creates a nation of people with little political knowledge and little ability to objectively evaluate what they do know. The second edition of Democracy and Political Ignorance fully updates its analysis to include new and vital discussions on the implications of the "Big Sort" for politics, the link between political ignorance and the disproportionate political influence of the wealthy, assessment of proposed new strategies for increasing political knowledge, and up-to-date survey data on political ignorance during recent elections. Ilya Somin mines the depths of the current state of ignorance in America and reveals it as a major problem for democracy. He weighs various options for solving this problem, provocatively arguing that political ignorance is best mitigated and its effects lessened by decentralizing and limiting government. People make better decisions when they have stronger incentives to acquire relevant information—and to use it wisely.
Democracy and Rule of Law in China's Shadow (Constitutionalism in Asia)
by Brian Christopher JonesThis book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.
Democracy and Rule of Law in China's Shadow (Constitutionalism in Asia)
This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.
Democracy and Rule of Law in the European Union: Essays in Honour of Jaap W. de Zwaan
by Flora A.N.J. Goudappel Ernst M.H. Hirsch BallinThe present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration..The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving “an ever closer Union”.Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam.
Democracy and the Human Rights Act: Republican Analysis of Citizen Power (Routledge Research in Constitutional Law)
by Dennis DixonThis book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of public opinion and participation is less clear. The work considers the Act’s effect on this popular element of the British Constitution. It uses analytical tools from republican political theory to explore the claim that the Act achieved a reconciliation between the protection of rights and democracy. In particular, it employs republican analysis of domination to consider how the Human Rights Act could operate so that public opinion invigilates legislative responses to judicial decisions. The key question is whether judicial decisions under the Human Rights Act serve to ‘remove, reduce or replace’ opportunities for the electorate to control judicial decision-making, remembering always that the electorate is seldom engaged in politics, but should it choose to, its ability to do so is at the heart of democracy. The study also examines the difficulty of isolating national constitutional forms where bills of rights are internationalised as with the European Convention on Human Rights. The book will be a valuable resource for students and academics researching constitutional legal theory and comparative constitutional law. While the focus is on the UK HRA, broader theoretical issues of constitutional review will have significant international interest and relevance to domestic debates on a British Bill of Rights.
Democracy and the Human Rights Act: Republican Analysis of Citizen Power (Routledge Research in Constitutional Law)
by Dennis DixonThis book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of public opinion and participation is less clear. The work considers the Act’s effect on this popular element of the British Constitution. It uses analytical tools from republican political theory to explore the claim that the Act achieved a reconciliation between the protection of rights and democracy. In particular, it employs republican analysis of domination to consider how the Human Rights Act could operate so that public opinion invigilates legislative responses to judicial decisions. The key question is whether judicial decisions under the Human Rights Act serve to ‘remove, reduce or replace’ opportunities for the electorate to control judicial decision-making, remembering always that the electorate is seldom engaged in politics, but should it choose to, its ability to do so is at the heart of democracy. The study also examines the difficulty of isolating national constitutional forms where bills of rights are internationalised as with the European Convention on Human Rights. The book will be a valuable resource for students and academics researching constitutional legal theory and comparative constitutional law. While the focus is on the UK HRA, broader theoretical issues of constitutional review will have significant international interest and relevance to domestic debates on a British Bill of Rights.
Democracy and the Origins of the American Regulatory State (The Institution for Social and Policy Studies)
by Samuel DeCanioPolitical scientist Samuel DeCanio examines how political elites used high levels of voter ignorance to create a new type of regulatory state with lasting implications for American politics. Focusing on the expansion of bureaucratic authority in late-nineteenth-century America, DeCanio’s exhaustive archival research examines electoral politics, the Treasury Department’s control over monetary policy, and the Interstate Commerce Commission’s regulation of railroads to examine how conservative politicians created a new type of bureaucratic state to insulate policy decisions from popular control.
Democracy Beyond Elections: Government Accountability in the Media Age (Challenges to Democracy in the 21st Century)
by Gergana DimovaThis book provides the analytical framework for understanding the relationship between media scandals, executive accountability and the crisis of democracy. The empirical findings are based on an original database of 6000 media allegations and investigations in Russia, Germany and Bulgaria. Observations gained from the case studies are then placed in relation to a systematic analysis and critique of more than 100 models of the transformation and crisis of democracy. The book will be of particular interest to researchers focusing on democratic theory and political thought, as well as those working empirically in the field of democratic systems.
Democracy, Constitutionalism, and Politics in Africa: Historical Contexts, Developments, and Dilemmas (Contemporary African Political Economy)
by Eunice N. SahleThis volume explores contemporary political developments in various parts of Africa in the age of democracy, constitutionalism, the securitization of development, and global terrorism. The contributions by leading observers of constitutionalism and African politics in the context of a global political and economic system provide a nuanced understanding of important themes in contemporary African politics: constitutionalism, democratic politics and governance, women’s rights, the African Union, securitization of development, civil society, and debates concerning global terrorism and the war on terror. As such, it will be of great interest to scholars, civil society organizations, and public policy makers interested in contemporary African politics.
Democracy Declassified: The Secrecy Dilemma in National Security
by Michael P. ColaresiRecent scandals like WikiLeaks and Edward Snowden's disclosure of NSA documents have brought public debates over government accountability and secrecy bubbling to the surface. How can modern democracies balance the need for privacy in delicate foreign policy matters with the necessity of openness in gaining and maintaining the trust of citizens? Democracies keep secrets from potential enemies and their citizens. This simple fact challenges the surprisingly prevalent assumption that foreign policy successes and failures can be attributed to public transparency and accountability. In fact, the ability to keep secrets has aided democratic victories from the European and Pacific theatres in World War II to the global competition of the Cold War. At the same time, executive discretion over the capacity to classify information created the opportunity for abuse that contributed to Watergate, as well as domestic spying and repression in France, Norway and Canada over the past forty years. Therefore, democracies face a secrecy dilemma. Secrecy is useful, but once a group or person has the ability to decide what information is concealed from a rival, citizens can no longer monitor that information. How then can the public be assured that national security policies are not promoting hidden corruption or incompetence? As Democracy Declassified shows, it is indeed possible for democracies to keep secrets while also maintaining useful national security oversight institutions that can deter abuse and reassure the public. Understanding secrecy and oversight in democracies helps us explain not only why the Maginot Line rose and the French Republic fell, or how the US stumbled but eventually won the Cold War, but more generally how democracies can benefit from both public consent and necessary national security secrets. At a time when ubiquitous debates over the issue of institutional accountability and transparency have reached a fever pitch, Democracy Declassified provides a grounded and important view on the connection between the role of secrecy in democratic governance and foreign policy-making.
Democracy Declassified: The Secrecy Dilemma in National Security
by Michael P. ColaresiRecent scandals like WikiLeaks and Edward Snowden's disclosure of NSA documents have brought public debates over government accountability and secrecy bubbling to the surface. How can modern democracies balance the need for privacy in delicate foreign policy matters with the necessity of openness in gaining and maintaining the trust of citizens? Democracies keep secrets from potential enemies and their citizens. This simple fact challenges the surprisingly prevalent assumption that foreign policy successes and failures can be attributed to public transparency and accountability. In fact, the ability to keep secrets has aided democratic victories from the European and Pacific theatres in World War II to the global competition of the Cold War. At the same time, executive discretion over the capacity to classify information created the opportunity for abuse that contributed to Watergate, as well as domestic spying and repression in France, Norway and Canada over the past forty years. Therefore, democracies face a secrecy dilemma. Secrecy is useful, but once a group or person has the ability to decide what information is concealed from a rival, citizens can no longer monitor that information. How then can the public be assured that national security policies are not promoting hidden corruption or incompetence? As Democracy Declassified shows, it is indeed possible for democracies to keep secrets while also maintaining useful national security oversight institutions that can deter abuse and reassure the public. Understanding secrecy and oversight in democracies helps us explain not only why the Maginot Line rose and the French Republic fell, or how the US stumbled but eventually won the Cold War, but more generally how democracies can benefit from both public consent and necessary national security secrets. At a time when ubiquitous debates over the issue of institutional accountability and transparency have reached a fever pitch, Democracy Declassified provides a grounded and important view on the connection between the role of secrecy in democratic governance and foreign policy-making.
Democracy Declined: The Failed Politics of Consumer Financial Protection (Chicago Studies in American Politics)
by Mallory E. SoRelleAs Elizabeth Warren memorably wrote, “It is impossible to buy a toaster that has a one-in-five chance of bursting into flames and burning down your house. But it is possible to refinance an existing home with a mortgage that has the same one-in-five chance of putting the family out on the street.” More than a century after the government embraced credit to fuel the American economy, consumer financial protections in the increasingly complex financial system still place the onus on individuals to sift through fine print for assurance that they are not vulnerable to predatory lending and other pitfalls of consumer financing and growing debt. In Democracy Declined, Mallory E. SoRelle argues that the failure of federal policy makers to curb risky practices can be explained by the evolution of consumer finance policies aimed at encouraging easy credit in part by foregoing more stringent regulation. Furthermore, SoRelle explains how angry borrowers’ experiences with these policies teach them to focus their attention primarily on banks and lenders instead of demanding that lawmakers address predatory behavior. As a result, advocacy groups have been mostly unsuccessful in mobilizing borrowers in support of stronger consumer financial protections. The absence of safeguards on consumer financing is particularly dangerous because the consequences extend well beyond harm to individuals—they threaten the stability of entire economies. SoRelle identifies pathways to mitigate these potentially disastrous consequences through greater public participation.
Democracy Declined: The Failed Politics of Consumer Financial Protection (Chicago Studies in American Politics)
by Mallory E. SoRelleAs Elizabeth Warren memorably wrote, “It is impossible to buy a toaster that has a one-in-five chance of bursting into flames and burning down your house. But it is possible to refinance an existing home with a mortgage that has the same one-in-five chance of putting the family out on the street.” More than a century after the government embraced credit to fuel the American economy, consumer financial protections in the increasingly complex financial system still place the onus on individuals to sift through fine print for assurance that they are not vulnerable to predatory lending and other pitfalls of consumer financing and growing debt. In Democracy Declined, Mallory E. SoRelle argues that the failure of federal policy makers to curb risky practices can be explained by the evolution of consumer finance policies aimed at encouraging easy credit in part by foregoing more stringent regulation. Furthermore, SoRelle explains how angry borrowers’ experiences with these policies teach them to focus their attention primarily on banks and lenders instead of demanding that lawmakers address predatory behavior. As a result, advocacy groups have been mostly unsuccessful in mobilizing borrowers in support of stronger consumer financial protections. The absence of safeguards on consumer financing is particularly dangerous because the consequences extend well beyond harm to individuals—they threaten the stability of entire economies. SoRelle identifies pathways to mitigate these potentially disastrous consequences through greater public participation.
Democracy Deferred: Civic Leadership after 9/11
by D. WoodsThe day after the 9/11 terrorist attacks, civic leaders began to organize four coalitions that aimed to give ordinary citizens a chance to meet, to heal, and to be heard in rebuilding decisions. This book tells the inside story of the civic renewal movement they founded.
Democracy despite Itself: Liberal Constitutionalism and Militant Democracy
by Benjamin A. SchupmannRecent developments, including anti-democratic moves by governments in Hungary, India, and Turkey and the rise of populist leaders, demonstrate the threat posed to democratic values by legal revolution and other acts committed within the confines of the system. Militant democracy, a form of constitutional entrenchment, can protect these values from the harmful influence of illiberal regimes. However, critics and proponents alike wonder whether these tactics risk undermining democracy in the process of trying to save it. Democracy despite Itself advances a liberal normative theory of militant democracy by combining American philosopher John Rawls' political liberalism with German jurist Carl Schmitt's state theory. It argues for the adoption of three constitutional mechanisms of militant democracy-explicit unamendability, political rights restrictions, and the guardianship of a constitutional court-to prevent the subversion and erosion of democracy by the abuse of legal measures. Rawls' thought provides the substantive democratic content of this theory, establishing basic liberal rights as a precondition for legitimate government. Schmitt's thought provides the militant political form, justifying the state's use of proactive militant measures to preserve the political identity of its constitution. This blending of works by two thinkers rarely regarded as complementary is a novel approach that offers a compelling vision for how liberal democracy can be protected from anti-democratic actors.
Democracy despite Itself: Liberal Constitutionalism and Militant Democracy
by Benjamin A. SchupmannRecent developments, including anti-democratic moves by governments in Hungary, India, and Turkey and the rise of populist leaders, demonstrate the threat posed to democratic values by legal revolution and other acts committed within the confines of the system. Militant democracy, a form of constitutional entrenchment, can protect these values from the harmful influence of illiberal regimes. However, critics and proponents alike wonder whether these tactics risk undermining democracy in the process of trying to save it. Democracy despite Itself advances a liberal normative theory of militant democracy by combining American philosopher John Rawls' political liberalism with German jurist Carl Schmitt's state theory. It argues for the adoption of three constitutional mechanisms of militant democracy-explicit unamendability, political rights restrictions, and the guardianship of a constitutional court-to prevent the subversion and erosion of democracy by the abuse of legal measures. Rawls' thought provides the substantive democratic content of this theory, establishing basic liberal rights as a precondition for legitimate government. Schmitt's thought provides the militant political form, justifying the state's use of proactive militant measures to preserve the political identity of its constitution. This blending of works by two thinkers rarely regarded as complementary is a novel approach that offers a compelling vision for how liberal democracy can be protected from anti-democratic actors.
Democracy, Elections, and Constitutionalism in Africa (Stellenbosch Handbooks in African Constitutional Law)
by Charles M Fombad and Nico SteytlerThe third wave of democracy that reached African shores at the end of the Cold War brought with it a dramatic decline from 1990 onwards in dictatorships, military regimes, one-party governments, and presidents for life. Multiparty democracy was at the core of the constitutional revolutions that swept through most of Africa in those watershed years. However, that wave is either losing momentum or receding - or being reversed in its entirety. This volume examines democracy and elections in Africa, a focus motivated by two concerns. First, after 30 years it is important to take stock of the state of constitutional democracy on the continent. The democratic gains of the 1990s and 2000s seem to be falling by the wayside, with the evidence mounting that regimes are concealing authoritarianism under the veneer of elections, doing so in an international context where populist regimes are on the rise and free and fair multiparty elections are consequently no longer a given. It is becoming a battle to protect and retain constitutional democracy. The second reason for this volume's focus on democracy and elections is that multiparty democracy is essential for the proper functioning of the state in addressing the major problems facing Africa - internal conflict, inequality and lack of development, and poor governance and corruption. The focus of this volume is thus on how competitive politics or multiparty democracy can be realized and how, through competition, such politics could lead to better policy and practice outcomes.
Democracy, Elections, and Constitutionalism in Africa (Stellenbosch Handbooks in African Constitutional Law)
The third wave of democracy that reached African shores at the end of the Cold War brought with it a dramatic decline from 1990 onwards in dictatorships, military regimes, one-party governments, and presidents for life. Multiparty democracy was at the core of the constitutional revolutions that swept through most of Africa in those watershed years. However, that wave is either losing momentum or receding - or being reversed in its entirety. This volume examines democracy and elections in Africa, a focus motivated by two concerns. First, after 30 years it is important to take stock of the state of constitutional democracy on the continent. The democratic gains of the 1990s and 2000s seem to be falling by the wayside, with the evidence mounting that regimes are concealing authoritarianism under the veneer of elections, doing so in an international context where populist regimes are on the rise and free and fair multiparty elections are consequently no longer a given. It is becoming a battle to protect and retain constitutional democracy. The second reason for this volume's focus on democracy and elections is that multiparty democracy is essential for the proper functioning of the state in addressing the major problems facing Africa - internal conflict, inequality and lack of development, and poor governance and corruption. The focus of this volume is thus on how competitive politics or multiparty democracy can be realized and how, through competition, such politics could lead to better policy and practice outcomes.
Democracy For Sale: Dark Money and Dirty Politics
by Peter GeogheganThe Sunday Times bestseller. 'A compulsively readable, carefully researched account of how a malignant combination of rightwing ideology, secretive money (much of it from the US) and weaponisation of social media have shaped contemporary British (and to a limited extent, European) politics... Remarkable' Observer, Book of the Week Democracy is in crisis, and unaccountable and untraceable flows of money are helping to destroy it. This is the story of how money, vested interests and digital skulduggery are eroding trust in democracy. Antiquated electoral laws are broken with impunity, secretive lobbying is bending our politics out of shape and Silicon Valley tech giants collude in selling out democracy. Politicians lie gleefully, making wild claims that can be shared instantly with millions on social media.Peter Geoghegan is a diligent, brilliant guide through the shadowy world of dark money and digital disinformation stretching from Westminster to Washington, and far beyond.Praise for Democracy for Sale: 'Thorough, gripping and vitally important' Oliver Bullough'A brilliant description of the dark underbelly of modern democracy. Everyone should read it' Anne Applebaum'A compelling and very readable story of the ongoing corruption of our government and therefore ourselves' Anthony Barnett'As urgent as it is illuminating' Fintan O'Toole'This urgent, vital book is essential reading for anyone who wants to make sense of our politics' Carole Cadwalladr'This forensic and highly readable book shows how so many of our democratic processes have moved into the murky, unregulated spaces of globalisation and digital innovation' Peter Pomerantsev'A call to arms for all those who value democracy' The Herald'Geoghegan's words are those of someone who is prepared to keep fighting to defend and revitalise what shadows of democracy still remain'Scotsman
Democracy, Gender, and Social Policy in Russia: A Wayward Society (Gender and Politics)
by Andrea ChandlerThrough compelling and insightful analysis of the Russian case, this book explores the role that social welfare plays in regime transitions. It examines the role that gender and social welfare has played in Russia's post-communist political evolution from Yeltsin's assumption of the presidency to Putin's return for a third term as president in 2012
Democracy Hacked: How Technology Is Destabilising Global Politics
by Martin MooreIn the space of one election cycle, authoritarian governments, moneyed elites and fringe hackers figured out how to game elections, bypass democratic processes, and turn social networks into battlefields. Facebook, Google and Twitter – where our politics now takes place – have lost control and are struggling to claw it back. Prepare for a new strain of democracy. A world of datafied citizens, real-time surveillance, enforced wellness and pre-crime. Where switching your mobile platform will have more impact on your life than switching your government. Where freedom and privacy are seen as incompatible with social wellbeing and compulsory transparency. As our lives migrate online, we have become increasingly vulnerable to digital platforms founded on selling your attention to the highest bidder. Our laws don’t cover what is happening and our politicians don’t understand it. But if we don’t change the system now, we may not get another chance.
Democracy in a Technological Society (Philosophy and Technology #9)
by LangdonWinnerThis ninth volume is one of the most arnbitious in the Philosophy and Technology series. Edited by technopolitical philosopher Langdon Winner, it assembles an impressive collection of philosophers and political theorists to discuss one of the most important topics of the end of the twentieth century - the bearing of technology, in all its rarnifica tions, on the practice of democratic politics in the developed world. When set beside the previous volume in the series - Europe, America, and Teehnology - the two together open a philosophical dialogue of great significance about the ways technology challenges democracy at its very roots. Some philosophers think the attack is fatal. Others are optimistic that democratic means can be discovered, or invented, for the control of technology. Still others object to an optimism-versus-pes simism formulation of the issue. But alI agree that the issue is highly significant, one that demands serious philosophical inquiry. The Society for Philosophy and Technology was fortunate in being able to draw this group of writers to Bordeaux, France, in 1989, along with a large number of others whose contributions to the debate could not be included here. It is equally fortunate to have chosen Langdon Winner as president when the time carne to select the best of the papers to fashion this volume. University of Delaware PAUL T.
Democracy in Europe: Democracy, Legitimacy And Justice After The Euro Crisis (Future Perfect: Images Of The Time To Come In Philosophy, Po Ser.)
by Daniel InnerarityThis book calls for a philosophical consideration of the development, challenges and successes of the European Union. The author argues that conceptual innovation is essential if progress on the European project is to be made; new meanings, rather than financial or institutional engineering solutions, will help solve the crisis. By applying a philosophical approach to diagnosing the EU crisis, the book reconsiders the basic concepts of democracy in the context of the complex reality of the EU and the globalised world where profound social and political changes are taking place. It will be of interest to students and scholars interested in EU politics, political theory and philosophy.
Democracy in International Law-Making: Principles from Persian Philosophy (Islamic Law in Context)
by Salar AbbasiThis book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names ‘democratic egalitarian multilateralism’ is founded on: the idea of ‘egalitarian law’ by Suhrawardi, the account of ‘substantial motion’ by Mulla Sadra, and the ideal of ‘intercultural dialectical democracy’ developed by Rūmī. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that ‘democratic egalitarian multilateralism’ could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. Presenting an alternative, drawn from a less dominant culture, to the established ideas of international law-making the book will be essential reading for researchers and academics working in public international law, history of law, legal theory, comparative legal theory, Islamic law, and history.
Democracy in International Law-Making: Principles from Persian Philosophy (Islamic Law in Context)
by Salar AbbasiThis book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names ‘democratic egalitarian multilateralism’ is founded on: the idea of ‘egalitarian law’ by Suhrawardi, the account of ‘substantial motion’ by Mulla Sadra, and the ideal of ‘intercultural dialectical democracy’ developed by Rūmī. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that ‘democratic egalitarian multilateralism’ could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. Presenting an alternative, drawn from a less dominant culture, to the established ideas of international law-making the book will be essential reading for researchers and academics working in public international law, history of law, legal theory, comparative legal theory, Islamic law, and history.