ABSTRACT
The tidal wave of democratization that has spread across the globe in the past three decades is remarkable for its underlying dependence on the rule of law and the role of the courts. It is also remarkable for the failure of scholars to engage in serious academic work in comparing the various nations and the role of their courts in this process of democratization. There is, of course, a simple explanation for this failure-the international democratic revolution is a ‘work in progress’. Different nations are in different stages of democratic development. Some nations remain in the process of adjusting norms or institutions to the democratic rule of law. Political parties remain at different levels of competition and development. Independent, non-corrupt judiciaries that are able to interpret and enforce a bill of rights against a powerful executive branch are not yet functioning or are functioning poorly. In other nations, however, liberal democratic institutions such as an independent judiciary do exist in full force, but their stability is not yet completely secured.
