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Why did limited government and 'constitutionalism' (the rule of law, constitutional rules, and political representation) evolve in some societies but not others? Guided by history, this paper examines why this evolution reflects dependence on administrators to implement policy choices including those affecting them. Limited government and constitutionalism are manifestations of equilibria in which the administrators have the power to influence choices. The thesis that constitutionalism reflects an equilibrium among the powerful differs from the prevailing one, which asserts that it reflects gains to the weak from constraining the powerful. Analyzing the determinants and implications of administrative power reveals its impact on trajectories of economic development. Distinct administrative-power equilibria have different impacts on the security of the non-elite's property rights; intra-state and inter-state violence (e.g. civil wars and wars, respectively); policies; entry barriers to new technologies and economic sectors; the nature of political conflicts; and the means to resolve conflicts concerning political rights.

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Harvard University Press, in "Institutions and Economic Performance", Elhanan Helpman (ed.)
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Avner Greif
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Mark Fathi Massoud's research focuses on the development of law in volatile states rife with violent conflict. An attorney of the California Bar, he received his JD and PhD in Jurisprudence and Social Policy from the University of California, Berkeley, School of Law.

Massoud's current research examines tensions between international rule-of-law aid and local perceptions of rights in a divided society.

Massoud's dissertation, which he is revising into a book manuscript at Stanford, builds on the interdisciplinary tradition of law and society to examine the role of law in development. Taking Sudan as a case, it explores how government officials, civil society activists, and the international aid community all use law to construct and maintain their influence over society.

Encina Ground Floor Conference Room

UC Santa Cruz

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CDDRL Hewlett Fellow 2008-09
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Mark Fathi Massoud was a CDDRL postdoctoral fellow in 2008-2009. He holds a JD and PhD (Jurisprudence & Social Policy) from the University of California, Berkeley, and he is currently Associate Professor of Politics and Legal Studies at the University of California, Santa Cruz. Massoud's research focuses on law in conflict settings and authoritarian states, and on Islamic law and society. More information can be found at http://people.ucsc.edu/mmassoud.

 

Mark Massoud CDDRL Fellow Speaker
Seminars
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Shadi Hamid is a Hewlett Fellow at the Center for Democracy, Development, and the Rule of Law (CDDRL). He currently also serves as director of research at the Project on Middle East Democracy (POMED). This past year, he was a research fellow at the American Center for Oriental Research in Amman, where he conducted research on the evolving relationship between the Muslim Brotherhood and the Jordanian regime. His articles on Middle East politics and U.S. democracy promotion policy have appeared in The Washington Post, The Christian Science Monitor, The Jerusalem Post, The New Republic, The American Prospect, Democracy: A Journal of Ideas, and other publications. A Marshall Scholar, Hamid is completing his doctoral degree in politics at Oxford University, writing his dissertation on Islamist political behavior in Egypt, Jordan, and Morocco.

Previously, Hamid served as a program specialist on public diplomacy at the State Department and a Legislative Fellow at the Office of Senator Dianne Feinstein. During 2004-5, he was a Fulbright Fellow in Jordan, researching Islamist participation in the democratic process. He writes for the National Security Network's foreign affairs blog Democracy Arsenal and is a security fellow at the Truman National Security Project. He has been a consultant to various organizations on reform-related issues in the Arab world, and has appeared on The NewsHour with Jim Lehrer, NPR, Voice of America, and the BBC. Hamid received his B.S. and M.A. from Georgetown University's School of Foreign Service. 

Encina Ground Floor Conference Room

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CDDRL Hewlett Fellow 2008-09

Shadi Hamid was a Hewlett Fellow in 2008-09 at CDDRL. At the same time he also served as director of research at the Project on Middle East Democracy (POMED). Prior to that, he was a research fellow at the American Center for Oriental Research in Amman, where he conducted research on the evolving relationship between the Muslim Brotherhood and the Jordanian regime. His articles on Middle East politics and U.S. democracy promotion policy have appeared in The Washington Post, The Christian Science Monitor, The Jerusalem Post, The New Republic, The American Prospect, Democracy: A Journal of Ideas, and other publications. A Marshall Scholar, Hamid also completed his doctoral degree in politics at Oxford University, writing his dissertation on Islamist political behavior in Egypt, Jordan, and Morocco.

Previously, Hamid served as a program specialist on public diplomacy at the State Department and a Legislative Fellow at the Office of Senator Dianne Feinstein. During 2004-5, he was a Fulbright Fellow in Jordan, researching Islamist participation in the democratic process. He writes for the National Security Network's foreign affairs blog Democracy Arsenal and is a security fellow at the Truman National Security Project. He has been a consultant to various organizations on reform-related issues in the Arab world, and has appeared on The NewsHour with Jim Lehrer, NPR, Voice of America, and the BBC. Hamid received his B.S. and M.A. from Georgetown University's School of Foreign Service.

Shadi Hamid Hewlett Predoctoral Fellow Speaker CDDRL
Seminars
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The United States was one of the early champions of the human rights movement and international criminal justice institutions like the Nuremberg Tribunal and the International Criminal Tribunal for the Former Yugoslavia. It is also a country with a deep constitutional tradition of respect for human rights and the rule of law. Yet the United States has been reluctant to join some of the most important international human rights treaties and has strongly opposed the International Criminal Court (ICC). What explains the U.S. attitude toward the ICC? What should the new Administration's approach tot he ICC be?

Co-presented in commemoration of the 60th Anniversary of the UN Declaration of Human Rights by UNA-USA Midpeninsula Chapter and the Peninsula World Affairs Council

Additional co-sponsors (partial list): Program on Global Justice, Stanford University; American Red Cross Palo Alto Area, Los Altos Library; United Nations Association Film Festival (UNAFF)

Los Altos Youth Center
1 South San antonio Road
Los Altos 94022

Allen S. Weiner Professor Speaker Stanford School of Law
Lectures

UC Santa Cruz

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CDDRL Hewlett Fellow 2008-09
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Mark Fathi Massoud was a CDDRL postdoctoral fellow in 2008-2009. He holds a JD and PhD (Jurisprudence & Social Policy) from the University of California, Berkeley, and he is currently Associate Professor of Politics and Legal Studies at the University of California, Santa Cruz. Massoud's research focuses on law in conflict settings and authoritarian states, and on Islamic law and society. More information can be found at http://people.ucsc.edu/mmassoud.

 

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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.

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Routledge
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Amichai Magen
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978-0-415-45102-4
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Larry Diamond—Hoover Institution senior fellow, CDDRL democracy program coordinator, and former senior advisor to the Coalition Provisional Authority in Iraq—has just discussed causes and consequences of corruption and international efforts to control it with a room full of visiting fellows. This is not just a group of learned political scientists, however, and Diamond does not hesitate to follow a sophisticated piece of analysis with a hard-nosed, view-from-the-ground assessment. He has, for instance, just told the fellows what he thinks of a major development institution. (“I think the World Bank needs to be ripped apart and fundamentally restructured.”) He has extended the concept of a “resource curse” to include not just oil but also international assistance. (“In many countries, aid is like oil; it’s used for outside rents.”) He has recommended that institutions learn the “dance of conditionality” and exercise selectivity, choosing countries to invest in based on demonstrated performance. But the 27 fellows around the table know a thing or two about corruption. Most of them face it in their home countries; many of them have made fighting it part of their work. And almost all of their hands go up to tell Diamond that there is something he missed, or something he got right.

This year’s 27 Stanford Summer Fellows on Democracy and Development—outstanding civic, political, and economic leaders from developing democracies—were selected from more than 500 applicants to take part in the program, which FSI’s Center on Democracy, Development, and the Rule of Law (CDDRL) hosted July 30–August 17, 2007. They traveled to Stanford from 22 countries in transition, including Iraq, Afghanistan, Iran, Pakistan, China, Russia, Egypt, Nigeria, Kenya, and the Democratic Republic of the Congo. And like their academic curriculum during the three-week program, which examines linkages among democracy, economic development, and the rule of law, their professional experiences and fields of study center on these three areas, assuring that each fellow brings a seasoned perspective to the program’s discussions.

“Should the United States promote democracy? Can the United States promote democracy?” The curriculum for the first week focused on defining the concepts of “democracy,” “development,” and the “rule of law” and identifying institutions that support democratic and market development. Using selected articles and book chapters as starting points for discussion, CDDRL Director Michael A. McFaul and Marc Plattner, National Endowment for Democracy vice-president for research and studies, began the weeklong module with an examination of what democracy is and what definition or definitions might apply to distinguish electoral democracy, liberal democracy, and competitive authoritarianism. Another question discussed was whether there was such a thing as Islamic democracy, Asian democracy, Russian democracy, or American democracy.

Faculty including Diamond, CDDRL associate director for research Kathryn Stoner, Stanford president emeritus and constitutional law scholar Gerhard Casper, Stanford Law School lecturer Erik Jensen, and economists Avner Greif and Seema Jayachandran “team-taught” individual sessions as the week progressed. Fellows and faculty discussed how to define and measure development, the role and rule of law in societies, how legal systems affect democratic development, constitutionalism, electoral systems, parliamentary versus presidential systems, horizontal accountability, and market development. Fellows worked in groups to discuss and present their conclusions about an issue to their colleagues, comparing experiences and sharing insights into how well political parties and parliaments constrained executive power and how civil society organizations contributed to democratic consolidation.

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In addition to discussing their personal experiences with democracy promotion, economic development, and legal reform, fellows met with a broad range of practitioners, including USAID deputy director Maria Rendon Labadan, National Endowment for Democracy president Carl Gershman, U.S. Court of Appeals Ninth Circuit Judge Pamela Rymer, IREX president Mark Pomar, Freedom House chairman and International Center on Nonviolent Conflict founding chair Peter Ackerman, International Center on Nonviolent Conflict president Jack DuVall, The Orange Revolution documentary filmmaker Steve York, and government affairs attorney Patrick Shannon. Guest speakers talked about their fieldwork, offered practical advice, and answered fellows’ questions.

This component grounded the classroom discussions in a practical context. “It was important for our visiting fellows to interact with American practitioners, both to learn about innovative techniques for improving democracy practices but also to hear about frustrations and failures that Americans also face in working to make democracy and democracy promotion work more effectively,” explained McFaul. “We Americans do not have all the answers and have much to learn from interaction with those in the trenches working to improve governance in their countries.”

As the program’s curriculum shifted to democratic and economic transitions for week two, McFaul and Stoner-Weiss balanced the structure of the classroom with guest lecturers, a documentary film premiere, and field trips to Google headquarters and San Francisco media organizations to put into practical context the components discussed theoretically in the classroom. The field trip to San Francisco included a session with KQED Forum executive producer Raul Ramirez, a briefing with the editorial board at the San Francisco Chronicle, and a discussion of links between violence against women and children and poverty, health, and security at the Family Violence Prevention Fund.

“We are building an extraordinary community of democratic activists and officials who have a deeper understanding of the types of institutions that secure freedom, control corruption, and foster sustainable development.” The third week’s curriculum looked at international and domestic efforts to promote democracy, development, and the rule of law. This integrative module drew on the teaching caliber of Stephen D. Krasner (FSI senior fellow), Peter B. Henry (Graduate School of Business), Allen S. Weiner and Helen Stacy (Stanford Law School), and Nicholas Hope (Stanford Center for International Development) as well as Casper, Jensen, McFaul, and Stoner-Weiss. Through case studies and, in particular, comparison of successes and failures in the fellows’ own experiences, faculty and fellows explored and assessed international strategies for promoting rule of law, reconciliation of past human rights abuses, democracy, and good governance. The discussions, occasionally contentious, circled in on a set of central questions: Should the United States promote democracy? Can the United States promote democracy? What are the links between democracy and increasing the rule of law, controlling corruption, rebuilding societies shattered by massive human rights violations, and promoting good governance?

Despite the intellectual rigor of the coursework and discussion, and the exploration of practical applicability with guest speakers and field trips, the Stanford Summer Fellows on Democracy and Development Program was designed as much to stimulate connections among field practitioners and to provide a forum in which to exchange ideas. “Through the summer fellows program, we are building an extraordinary community of democratic activists and officials who have a deeper understanding of the types of institutions that secure freedom, control corruption, and foster sustainable development, and who are keeping in touch with us and with one another,” said Diamond. “When I meet our ‘alumni’ fellows in subsequent years, they speak movingly of the bonds they formed and the insights they gained in these three fast-paced weeks.”

To ensure they fulfill their goal of building a small but robust global network of civic activist and policymakers in developing countries, CDDRL launched a Summer Fellows Program Alumni Newsletter. The newsletter is based on an interactive website that will allow the center to strengthen its network of leaders and civic activists and facilitate more groundbreaking policy analysis across academic fields and geographic regions, the results of which will be promptly fed back to its activist alumni in a virtual loop of scholarship and policymaking. “We envision the creation of an international network of emerging political and civic leaders in countries in transition,” said Stoner-Weiss, “who can share experiences and solutions to the very similar problems they and their countries face.”

 

SSFDD ALUMNI FOCUS: VIOLET GONDA
A producer and pre s ent er for SW Radio Africa (London), Violet Gonda was a Stanford Summer Fellow on Democracy and Development in 2006, the same year her station was named the International Station of the Year by the Association of International Broadcasters. "CDDRL brings together a cross-section of people from different backgrounds, different careers," Gonda said. "Politicians, lawyers, activists ... all in the same room. It is an amazing group of people."

Banned from returning to her home country because of her journalism work at the radio station-"we are welcome in Zimbabwe but only in the prisons"-Gonda "literally eat[s], breathe[s], and dream[s] Zimbabwe." The summer fellows program, she said, gave her a broad perspective on what's going on in other countries; "it is so intensive ... you can really compare and contrast democracy on every continent." One thing Gonda found is that "when you look at these leaders, you'd think they all were born of the same mother ... and the ways people respond to these crises are the same."

Gonda had such a positive experience at Stanford that she decided to apply for, and was accepted to, the prestigious John S. Knight Fellowships for journalists for the academic year 2007-08. "It's always been Zimbabwe, Zimbabwe, Zimbabwe," she said. "Now I finally have time to sit down and read a book, write an article, go to seminars, sharpen my skills." She is not exactly sitting still however. In December she gave a presentation on Zimbabwe's political situation for the Center on African Studies, and will also be discussing Zimbabwe at the Palo Alto Rotary Club and the Bechtel International Center. "Media in America does not have a lot of international news, particularly on Africa," Gonda said. "So it's a good opportunity to talk about Zimbabwe, and I will take advantage of it."

She is also working on developing new content for SW Radio Africa and plans to interview FSI scholars she met through the summer fellows program so "We are building an extraordinary community of democratic activists and officials who have a deeper understanding of the types of institutions that secure freedom, control corruption, and foster sustainable development." that Zimbabweans can understand what is going on in different countries. Close contact with program alumni means that she has friends and colleagues in other parts of that world who can be called on for their perspective on situations. While SW Radio Africa's mission is "to record and to expose" developments in Zimbabwe, Gonda explained, "it's good to compare, to show people we are not alone, that this is happening elsewhere."

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How might China become a democracy? And what lessons, if any, might Taiwan's experience of democratization hold for China's future? The authors of this volume consider these questions, both through comparisons of Taiwan's historical experience with the current period of economic and social change in the PRC, and through more focused analysis of China's current, and possible future, politics.This volume explores current, and possible future, political change in China in the context of Taiwan's experience of democratization.

Table of Contents

  • Comparing and Rethinking Political Change in China and Taiwan - B. Gilley.
  • Civil Society and the State. The Evolution of Political Values - Y.H. Chu.
  • Intellectual Pluralism and Dissent - M. Goldman and A. Esarey.
  • Religion and the Emergence of Civil Society - R. Madsen.
  • Business Groups: For or Against the Regime? - D.J. Solinger.
  • Regime Responses. Responsive Authoritarianism - R.P. Weller.
  • Developing the Rule of Law - R. Peerenboom and W. Chen.
  • Competitive Elections - T.J. Cheng and G. Lin.
  • International Pressures and Domestic Pushback - J. deLisle.
  • Looking Forward. Taiwan's Democratic Transition: A Model for China? - B. Gilley.
  • Why China's Democratic Transition Will Differ from Taiwan's - L. Diamond.

Author's Biography
Bruce Gilley is assistant professor of political studies at Queen's University in Canada. His numerous publications include China's Democratic Future, Model Rebels: The Rise and Fall of China's Richest Village, and Tiger on the Brink: Jiang Zemin and China's New Elite. Larry Diamond is senior fellow at the Freeman Spogli Institute for International Studies and also at the Hoover Institution, Stanford University, and founding coeditor of the Journal of Democracy. Most recent of his many works on democracy and democratization are Developing Democracy: Toward Consolidation and Promoting Democracy in the 1990s.

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Lynne Rienner Publishers
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Larry Diamond
Weitseng Chen
Number
1588265935
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This is the third annual conference of the Taiwan Democracy Program, which is part of Stanford University's Center on Democracy, Development, and the Rule of Law (CDDRL). The conference took stock of the last eight years of democracy in Taiwan under the Chen Shui-bian Administration and assessed Taiwan's progress toward democratic consolidation.

 

Agenda:

Day I

Morning Session--9:00 am-12:15 pm

Session I: Introduction

  1. Theoretical and Comparative Perspectives on Democratic Consolidation
  2. Polarized Politics, Quality of Governance and Support for Democracy in Taiwan: A View from Asian Barometer

Session II: The 2008 Elections

  1. The Legislative Yuan Election Campaigns, Results and Implications
  2. The Presidential Election Campaigns, Results and Implications

Afternoon Session--1:30 pm-5:15 pm

Session III: Partisan Alignments and Electoral System

  1. Dynamics of Partisanship, National Identity, and Issue Cleavages in the DPP Era
  2. The Democratic Progressive Party’s Clientelism: A Failed Political Action
  3. Taiwan’s First Legislative Election under the Mixed-Member Majoritarian System: What Happened and What It Implies

Session IV: How well are Democratic Institutions Functioning?

  1. Horizontal Accountability and Rule of Law in A Divided Polity: the Judicial and Control Yuan
  2. Parliament and Executive-Legislative Relations
  3. Constitutional and Institutional Reform

Day II

Morning Session--9:00 am-12:15 pm

Session V: Civil Society

  1. Engaging the State: Civil Society and the Institutional Transformation of Democracy
  2. Press Freedom, DPP Government and the Intellectuals

 

Session VI: Political Economy

  1. Politics and Business under the DPP: Restructuring State-Business Institutional Relations in Taiwan
  2. Inequality, Discontents, and the Popularization of “M-Shaped Society Conception in Taiwan

Afternoon Session--1:15 pm-4:30 pm

Session VII: Security and Democracy

  1. Democracy and Cross-Straits Relations: A Case Study of the “Three-Links”
  2. Security Apparatus and Depoliticization in Chen Shui-bian’s Era

Round Table Discussion

Is Taiwan's Democracy Consolidated?

Oksenberg Conference Room

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