Research Handbook on Law and Democracy

Edited by Glenn Patmore, Associate Professor of Law, Melbourne Law School, The University of Melbourne, Australia

‘As established democracies deconsolidate around the world, scholarly interest in the phenomenon has understandably grown. This edited collection stands out for two reasons: it adopts an intellectual vantage point that is global in outlook, considering the perspective of smaller democracies that are typically ignored in the canon. Secondly, it pays attention not just to domestic democratic concerns within polities, but also the democratic deficit in the international world order. For these reasons, and for the exceptional calibre of its contributors, a must-read for any scholar of democracy.’

• ContentsPreface ixAcknowledgments xiPART I INTRODUCTION1 An introduction to the Research handbook on law and democracy 2Glenn Patmore2 Researching law and democracy: a primer 26Glenn PatmorePART II DEMOCRATIC LEGAL INSTITUTIONS3 The law of democratic governance in the European Union 50Mattias Wendel4 Law, federalism and democracy 71Nicholas Aroney5 Deliberative democracy and referendums: against aggregation andpopulism 88Hoi L Kong6 Political parties and constitutional democracy 103Catherine O’Regan7 Knowledge institutions and democratic backsliding: a research agenda 122Vicki C Jackson8 Courts and democracy 140Stephen GardbaumPART III DEMOCRATIC LEGAL THEORIES9 Procedural democracy and the law 156Juan F González Bertomeu and Maria Paula Saffon10 Law and deliberative democracy: current questions 173Ron Levy11 Feminist theory, democratic theory, and the law 191Susan H Williams12 Economic democracy: a brief history and the laws that make it 205Ewan McGaugheyPART IV CHALLENGES TO DEMOCRACIES13 Environmental democracy and law on public participation 228Maria Lee14 Climate litigation and democracy 248Fiona McGaughey, Alex Gardner, Sharon Mascher and Marco Rizzi15 Democracy-building, law and conflict: the case of Afghanistan 270William Maley16 Frightened by the wrong ghosts: Russia, the west, and democracy 286Jeffrey Kahn17 China’s challenge to liberal democracy 307Chu Shuyu and Luo Jiajun18 Constitutional unamendability and democracy in Taiwan 326Chien-Chih Lin19 Law and democracy in the Pacific Islands: custom, convention, and courts 342Derek Futaiasi and Joanne Wallis20 Brexit and its implications for democratic governance in the UnitedKingdom 359Aileen McHarg21 A historical gloss on jurisdiction stripping and January 6th 377Charquia Venee Wright Fegins22 Subverting the constitution: the pre-eminence of South Sudan’s military 391Mark Atem Wek Deng23 The limits of consensus for democratic transition: two decades afterIndonesia’s constitutional reform 407Abdurrachman Satrio24 Minorities and the (un-)making of Indian democracy 423Aparna Chandra25 Democracy, democratisation and political equality: a case study of prisonerdisenfranchisement law 446Glenn PatmoreIndex 467