Emerging Judicial Power In Transitional Democracies
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Author | : Rachel L. Ellett |
Publisher | : ProQuest |
Total Pages | : 553 |
Release | : 2008 |
Genre | : Africa, Sub-Saharan |
ISBN | : 9780549521709 |
Download Emerging Judicial Power in Transitional Democracies Book in PDF, Epub and Kindle
It is broadly accepted that an independent and empowered judiciary is central to the rule of law. This dissertation examines the construction of judicial power in emerging democracies through addressing the paradoxical presence of strong judicial power in weak and volatile democracies. I argue that we must unpack our assumptions about democracy and move beyond regime based theories of judicial behavior. I find that existing strategic decision-making theories do not adequately account for the emergence of judicial power in sub-Saharan Africa. Instead this study finds that variation in level of judicial institutionalization or viability accounts for the presence of strong judicial power in weak democracies. A judiciary with a high level of institutional viability is able to withstand the frequent exogenous shocks typically present in sub-Saharan Africa's neopatrimonial regimes.
Author | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 322 |
Release | : 2003-07-23 |
Genre | : Law |
ISBN | : 9780521520393 |
Download Judicial Review in New Democracies Book in PDF, Epub and Kindle
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Author | : Rachel Ellett |
Publisher | : Routledge |
Total Pages | : 270 |
Release | : 2013-08-21 |
Genre | : Law |
ISBN | : 1135966052 |
Download Pathways to Judicial Power in Transitional States Book in PDF, Epub and Kindle
This book examines the complex relationship that exists between the construction of judicial power, and the institutional characteristics of the courts and their regime setting. It examines the intriguing connection between the construction of judicial power on the one hand, and the institutional characteristics of the courts and regime setting on the other. The book asks whether courts are rendered powerful by virtue of their institutional characteristics or by a supportive, perhaps acquiescent, regime setting. By analyzing the historical pathways of courts in Uganda, Tanzania and Malawi, this book argues that the emergence of judicial power since the colonial period, though fraught with many challenges, presents a unique opportunity for consolidating democracy. The book examines in detail the significant political decisions of the upper-level courts in Uganda, Tanzania and Malawi from the colonial period to the present day, analyzing them in relation to changes in the political environment over time. Analysis of these decisions is also supplemented by in-depth interviews with judges, lawyers and other important stakeholders in the judicial processes. This book demonstrates that even in the most challenging regime environments, effective institutions and determined individuals can push back against interference and issue politically powerful, independent decisions but the way in which judiciaries respond to this regime pressure varies enormously across countries and regions.
Author | : Andrea Castagnola |
Publisher | : Routledge |
Total Pages | : 190 |
Release | : 2016-11-03 |
Genre | : Political Science |
ISBN | : 1315520591 |
Download Judicial Politics in Mexico Book in PDF, Epub and Kindle
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Author | : Siri Gloppen |
Publisher | : Psychology Press |
Total Pages | : 228 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9780714655680 |
Download Democratization and the Judiciary Book in PDF, Epub and Kindle
Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.
Author | : B. C. Smith |
Publisher | : Taylor & Francis |
Total Pages | : 326 |
Release | : 2022-11-18 |
Genre | : Political Science |
ISBN | : 1000786439 |
Download Judges and Democratization Book in PDF, Epub and Kindle
This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.
Author | : Vineeta Yadav |
Publisher | : University of Michigan Press |
Total Pages | : 373 |
Release | : 2014-03-20 |
Genre | : Law |
ISBN | : 0472119087 |
Download Democracy, Electoral Systems, and Judicial Empowerment in Developing Countries Book in PDF, Epub and Kindle
An independent judiciary is considered an indication of a developing nation’s level of democracy
Author | : Samuel Issacharoff |
Publisher | : Cambridge University Press |
Total Pages | : 311 |
Release | : 2015-06-17 |
Genre | : Law |
ISBN | : 1107038707 |
Download Fragile Democracies Book in PDF, Epub and Kindle
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Author | : Thomas B. Ginsburg |
Publisher | : |
Total Pages | : 596 |
Release | : 1999 |
Genre | : Judicial review |
ISBN | : |
Download Growing Constitutions Book in PDF, Epub and Kindle
Author | : Anja Seibert-Fohr |
Publisher | : Springer Science & Business Media |
Total Pages | : 1367 |
Release | : 2012-04-25 |
Genre | : Law |
ISBN | : 3642282997 |
Download Judicial Independence in Transition Book in PDF, Epub and Kindle
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.