By José María Maravall, Adam Przeworski
A world staff of experts from the fields of legislation, politics, economics, and philosophy handle the query of why governments act or don't act in response to legislation. The authors interpret the rule of thumb of legislation as a strategic collection of actors with strong pursuits, instead of as an exogenous constraint on politicians. the guideline of legislations emerges while no staff is powerful sufficient to dominate the others, and political actors search to solve their conflicts via recourse to legislation. legislation is hence deeply rooted in politics.
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Extra info for Democracy and the Rule of Law
If rational, both sides will moderate their nasty impulses for their common good, but of course they do not always or even usually behave rationally. The political and economic elite is no more likely to be ruled by reason than the multitude. The poisonous interaction of insolence and envy, which according to Machiavelli is the key to the self-destructive class politics of the ancient city, poses an acute challenge to institutional design. What institutions can mitigate the self-weakening class conflict that manifestly exposes the whole city to foreign conquest?
If the ruler pulls strings behind the curtains, people will notice where ultimate decision-making power lies, and the steps of the ruler’s palace will again swarm with harassing crowds hoping to influence upcoming decisions of the court. Formulated differently, powerful people long to reduce the clutter in their in-boxes. Any sensible political ruler will want to delegate the donkey work. He will “get off my case”; that is to say, he will support the independence of the judiciary. That advantages of specialization played some role in the emergence and stabilization of the rule of law is highly likely.
His thesis, essentially, is that governments are driven to make their own behavior predictable for the sake of cooperation. Governments tend to behave as if they were “bound” by law, rather than using law unpredictably as a stick to discipline subject populations, less because they fear rebellion than because they have specific goals (such as fending off attempts by foreign invaders to seize their territory) that require a high degree of voluntary cooperation from specific social groups possessing specific 19 CY207-02 0521825598 May 7, 2003 8:34 Char Count= 0 Stephen Holmes skills (soldiers) and assets (the tax base).
Democracy and the Rule of Law by José María Maravall, Adam Przeworski