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International Actors, Democratization and the Rule of Law

Do external factors facilitate or hamper domestic democratic development? Do international actors influence the development of greater civil and political freedom, democratic accountability, equality, responsiveness and the rule of law in domestic systems? How should we conceptualize, identify and evaluate the extent and nature of international influence?

These are some of the complex questions that this volume approaches. Using new theoretical insights and empirical data, the contributors develop a model to analyze the transitional processes of Romania, Turkey, Serbia and Ukraine. In developing this argument, the book examines:

the adoption, implementation and internalization of the rule of law;

the rule of law as a central dimension of liberal and substantive democracy;

the interaction between external and domestic structures and agents.

Offering a different stance from most of the current literature on the subject, International Actors, Democratization and the Rule of Law makes an important contribution to our knowledge of the international dimensions of democratization. This book will be of importance to scholars, students and policy-makers with an interest in the rule of law, international relations theory and comparative politics.

Amichai Magen is Lecturer in Law at Stanford Law School, and a Fellow at the Center on Democracy, Development and the Rule of Law (CDDRL), Freeman Spogli Institute (FSI), Stanford University, USA.

Leonardo Morlino is Professor of Political Science at the Istituto Italiano di Scienze Umane, Florence, Italy.

UACES Contemporary European Studies Series

Edited by Tanja Brzel

Free University of Berlin, Michelle Cini, University of Bristol and Roger Scully, University of Wales, Aberystwyth, on behalf of the University Association for Contemporary European Studies.

Editorial Board: Grainne De Brca, European University Institute and Columbia University; Andreas Fllesdal, Norwegian Centre for Human Rights, University of Oslo; Peter Holmes, University of Sussex; Liesbet Hooghe, University of North Carolina at Chapel Hill, and Vrije Universiteit Amsterdam; David Phinnemore, Queens University Belfast; Mark Pollack, Temple University; Ben Rosamond, University of Warwick; Vivien Ann Schmidt, University of Boston; Jo Shaw, University of Edinburgh; Mike Smith, University of Loughborough and Loukas Tsoukalis, ELIAMEP, University of Athens and European University Institute.

The primary objective of the new Contemporary European Studies series is to provide a research outlet for scholars of European Studies from all disciplines. The series publishes important scholarly works and aims to forge for itself an international reputation.

1. The EU and Conflict Resolution
Promoting peace in the backyard
Nathalie Tocci

2. Central Banking Governance in the European Union
A comparative analysis
Lucia Quaglia

3. New Security Issues in Northern Europe
The Nordic and Baltic states and the ESDP
Edited by Clive Archer

4. The European Union and International Development
The politics of foreign aid
Maurizio Carbone

5. The End of European Integration
Anti-Europeanism examined
Paul Taylor

6. The European Union and the Asia-Pacific
Media, public and elite perceptions of the EU
Edited by Natalia Chaban and Martin Holland

7. The History of the European Union
Origins of a Trans-and supranational Polity 195072
Edited by Wolfram Kaiser, Brigitte Leucht and Morten Rasmussen

8. International Actors, Democratization and the Rule of Law
Anchoring democracy?
Edited by Amichai Magen and Leonardo Morlino

International Actors, Democratization and the Rule of Law

Anchoring democracy?

Edited by Amichai Magen and Leonardo Morlino

NEW YORK AND LONDON

First published 2009 by Routledge
2 Park Square Milton Park Abingdon Oxon OX14 4RN

Simultaneously published in the USA and Canada
by Routledge
270 Madison Avenue, New York, NY 10016

Routledge is an imprint of the Taylor & Francis Group, an informa business.

This edition published in the Taylor & Francis e-Library, 2007.

To purchase your own copy of this or any of Taylor & Francis or Routledges collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.

2009 Amichai Magen and Leonardo Morlino election and editorial matter; individual contributors, their contributions

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging in Publication Data
International actors, democratization and the rule of law: anchoring democracy? / edited by Amichai Magen and Leonardo Morlino.
p. cm.(Routledge/UACES contemporary European studies; 8)
Includes bibliographical references and index.
1. International relations. 2. Democratization. 3. Rule of law. 4. Comparative government. I. Magen, Amichai A. II. Morlino, Leonardo, 1947
JZ1242.I572 2008
327.1dc22
2008002087

ISBN13: 978-1-134-05813-6 ePub ISBN

ISBN 10: 0-415-45102-7 (hbk)

ISBN 10: 0-203-89469-3 (ebk)

ISBN 13: 978-0-415-45102-4 (hbk)

ISBN 13: 978-0-203-89469-9 (ebk)

Contents

AMICHAI MAGEN AND LEONARDO MORLINO

LEONARDO MORLINO AND AMICHAI MAGEN

ELENA BARACANI

ANA DEMSOREAN, SORANA PARVULESCU, BOGDAN VETRICI-SOIMU

SENEM AYDIN DZGIT AND ALI ARKOLU

CRISTINA DALLARA

ROMAN PETROV AND OLEKSANDER SERDYUK

LEONARDO MORLINO AND AMICHAI MAGEN

List of Figures

2.1	The outcomes of EUCLIDA
2.2	The path to rule adoption
2.3	The path to rule implementation
2.4	The path to rule internalization
2.5	EU cycles and layers of international democratic anchoring (EUCLIDA)

List of Tables

1.1	Relationships of selected regimes with the EU
1.2	Human Development Index (HDI) rankings of case study countries
1.3	Rule of law in the four countries 19962005 (World Bank)
1.4	Measures of democratic rule of law in the four countries
A) Civil and political rights
B) Judicial independence and capacity

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