The Alchemists
Questioning our Faith in Courts as Democracy-Builders

This book presents a searching critique of excessive reliance on courts as 'democracy-builders' in states emerging from authoritarian rule.

Tom Gerald Daly (Author)

9781108417945, Cambridge University Press

Hardback, published 2 November 2017

390 pages, 6 maps 1 table
23.5 x 15.8 x 2.5 cm, 0.67 kg

'Comparative constitutionalists, political scientists, and policymakers have recently shown great faith in the work of courts in new democracies. Anchored by a rich case study of Brazil and drawing on a wide range of comparative evidence, The Alchemists is not only an important caution pushing back against this trend, but also provides a thoughtful map of the ways in which domestic and international courts might work towards a more achievable role conception. Scholars of courts and democratization processes will benefit immensely from grappling with Tom Gerald Daly's arguments.' David E. Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law

Can courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.

Preface: our court obsession
Acknowledgments
Table of cases
List of abbreviations
Introduction: an onerous role for courts as democracy-builders
1. The core concept: democratisation
2. The rise and limits of constitutional courts as democracy-builders
3. The rise and limits of human rights courts as democracy-builders
4. 'Democratisation jurisprudence': framing courts' democracy-building roles
5. Domestic democratisation jurisprudence in action: Brazil since 1988
6. Regional democratisation jurisprudence: shaping democracy from outside
7. What should courts do in a young democracy? Rethinking our approach
Concluding thoughts: moving beyond our court obsession
Bibliography
Index.

Subject Areas: Constitutional & administrative law [LND], Courts & procedure [LNAA], Political structures: democracy [JPHV]