| Summary: | Both theoretical and empirical analyses of the rule of law concentrate on the procedural,
rather than the substantive dimensions of laws. In the context of the literature on the rule of
law in democratizing states, I argue that this has led to insufficient attention being devoted to
the substance of laws and constitutions. Moreover, theoretical accounts of mechanisms for
promoting and protecting the rule of law, which concentrate on law enforcement, judicial
independence and checks and balances among the branches of government, do not provide us
with an analytical framework for examining non-institutional mechanisms that can account
for variations in the strength of the rule of law over time. In this study, I introduce the
argument that non-institutional accountability mechanisms (such as protests) employed by
civil society and opposition political movements can be central to holding governments
accountable and pressuring them to act in accordance with the rule of law, the constitution,
and democratic principles. I develop a game-theoretic model that shows how the presence of
non-institutional accountability mechanisms constrains the actions of executives who would
otherwise transgress the laws or amend the constitution in a manner that undermines the
democratic regime. Drawing upon recent evidence that shows the positive relationship
between the rule of law and political stability in democratic states, I introduce new evidence
that also shows the presence of this relationship in the gradually-democratizing states of the
Arab world. I then examine the particular circumstances in which this relationship may be
reversed in the short run, when non-institutional accountability mechanisms are employed
because institutionalized accountability mechanisms are ineffective. Finally, I examine both
rational choice and psychological theories of protest movements to elaborate strategies for
facilitating the employment of non-institutional accountability mechanisms in order to
protect the rule of law and democracy. === Arts, Faculty of === Political Science, Department of === Graduate
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