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Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism.

Law in Korea has historically been viewed as merely a tool of authoritarian rule, but since the transition to democracy in 1987 it has served a more important and visible role as a force for social change. With contributions from leading US and Korean scholars, Legal Reform in Korea explores this response to domestic and international pressures, applying a socio-legal perspective to both legal practices and the legal institutions themselves, which have become a major political issue throughout the developing world. An invaluable resource for students of Asian law and Korean studies

Introduction / Tom Ginsburg -- Clearing and strengthening the channels of constitution-making / Jon Elster -- What we know nd don't know about design processes / Justin Blount, Zachary Elkins, and Tom Ginsburg -- Democratization and countermajoritarian institutions : the role of power and constitutional design in self-enforcing democracy / Susan Alberts, Chris Warshaw, and Barry R. Weingast -- The origins of parliamentary responsibility / Adam Przeworski, Tamar Asadurian, and Anjali Thomas Bohlken -- The social foundations of China's living constitution / Randall Peerenboom -- The political economy of constitutionalism in a post-secular world / Ran Hirschl -- Designing constitutional amendment rules, to scale / Rosalind Dixon and Richard Holden -- Federalism : general welfare, interstate commerce, and economic analysis / Robert D. Cooter and Neil Seigel -- Personal laws and equality : the case of India / Martha Nussbaum -- Constitutional adjudication, Italian style / John Ferejohn and Pasquale Pasquino -- Tyrannophobia / Eric A. Posner and Adrian Vermuele -- Do executive term limits cause constitutional crises? / Tom Ginsburg, Zachary Elkins, and James Melton.

This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues. Bringing together positive and normative analysis, this volume provides state of the art in a field of growing theoretical and practical importance

Law in Korea has historically been viewed as merely a tool of authoritarian rule, but since the transition to democracy in 1987 it has served a more important and visible role as a force for social change. With contributions from leading US and Korean scholars, Legal Reform in Korea explores this response to domestic and international pressures, applying a socio-legal perspective to both legal practices and the legal institutions themselves, which have become a major political issue throughout the developing world. An invaluable resource for students of Asian law and Korean studies.

Roberto Gargarella has always placed distribution of access to political and economic power at the center of the analysis. This article focuses on his argument that participation might be able to improve material inequality. It argues that inequality can be confronted directly or indirectly, and that sometimes, participation is not the best mechanism for addressing inequality. The article draws on case studies from Japan and the Philippines to illustrate its argument. ; Roberto Gargarella siempre ha colocado la distribución del acceso al poder político y económico en el centro del análisis. Este artículo se centra en su argumento de que la participación podría mejorar la desigualdad material. Sostiene que la desigualdad puede ser enfrentada directa o indirectamente y que, a veces, la participación no es el mejor mecanismo para abordar la desigualdad. El artículo utiliza estudios de caso sobre Japón y Filipinas para ilustrar su argumento.

Abstract
Our era is one of democratic backsliding. International courts and institutions have provided some bulwark against this trend, but we are now witnessing leaders seeking to use international law to extend their power. Courts in several countries have relied on international human rights norms to facilitate term limit extensions by leaders seeking to retain power beyond what is constitutionally allowed. This Article documents these cases and calls for a more robust and substantive international law of democracy-protection.

AbstractInternational law, though formally neutral among regime types, has mainly been a product of liberal democracies since World War II. In light of recent challenges to the liberal international order, this Article asks, what would international law look like in an increasingly authoritarian world? As compared with democratic countries, authoritarians emphasize looser cooperation, negotiated settlements, and rules that reinforce regime survival. This raises the possibility of authoritarian international law, designed to extend authoritarian rule across time and space.