"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description

The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently unreconcilable conflicts, a part from laying down the foundations of the new legal order and institutions.

The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.

Are the factors that initiate democratization the same as those that maintain a democracy already established? The scholarly and policy debates over this question have never been more urgent. In 1970, Dankwart A. Rustow's clairvoyant article "Transitions to Democracy: Toward a Dynamic Model" questioned the conflation of the primary causes and sustaining conditions of democracy and democratization. Now this collection of essays by distinguished scholars responds to and extends Rustow's classic work, Transitions to Democracy--which originated as a special issue of the journal Comparative Politics and contains three new articles written especially for this volume--represents much of the current state of the large and growing literature on democratization in American political science. The essays simultaneously illustrate the remarkable reach of Rustow's prescient article across the decades and reveal what the intervening years have taught us. In light of the enormous opportunities of the post-Cold War world for the promotion of democratic government in parts of the world once thought hopelessly lost of authoritarian and totalitarian regimes, this timely collection constitutes and important contribution to the debates and efforts to promote the more open, responsive, and accountable government we associate with democracy.

Fifteen case studies by scholars and practitioners demonstrate the synergy between domestic and international influences that can precipitate democratic transitions. As demonstrated by current events in Tunisia and Egypt, oppressive regimes are rarely immune to their citizens’ desire for democratic government. Of course, desire is always tempered by reality; therefore how democratic demands are made manifest is a critical source of study for both political scientists and foreign policy makers. What issues and consequences surround the fall of a government, what type of regime replaces it, and to what extent are these efforts successful? Kathryn Stoner and Michael McFaul have created an accessible book of fifteen case studies from around the world that will help students understand these complex issues. Their model builds upon Guillermo O’Donnell, Philippe C. Schmitter, and Laurence Whitehead's classic work, Transitions from Authoritarian Rule, using a rubric of four identifying factors that can be applied to each case study, making comparison relatively easy. Transitions to Democracy yields strong comparisons and insights. For instance, the study reveals that efforts led by the elite and involving the military are generally unsuccessful, whereas mass mobilization, civic groups, and new media have become significant factors in supporting and sustaining democratic actors. This collection of writings by scholars and practitioners is organized into three parts: successful transitions, incremental transitions, and failed transitions. Extensive primary research and a rubric that can be applied to burgeoning democracies offer readers valuable tools and information.

A global examination that includes nations in Latin America, Asia, Russia, Eastern Europe, and Africa, Pathways to Democracy investigates the implications of the various paths that nations take to democracy and the political and economic programs needed to stabilize new democracies. From military to authoritarian to communist oligarchies, the essays reveal that democratic transitions were instigated by divisions within the ruling elite, challenges came from groups and interests outside the elite, and poor economic performance followed in its wake. An extensive look at what the United States can do through its foreign policy to promote and invest in democratization is included. An introduction to democratization that is comprehensive and global in scope. Includes comprehensive focus on U.S. foreign policy

This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.