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.
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